My Story; Scotland - help appreciated -

[derryboy]

Last year i was at a party with a few friends. I knew pretty much everyone in the house at the time but one of the girls twin sister came later on at around 1am. She didn't seem very intoxicated but had brought a bottle of vodka. She shared the vodka with me and i ended up feeling pretty drunk and when and had a lie down. When i woke up i went through to the bedroom where she was in a bed with 2 other boys i jumped in beside her as it was the closest side to the door. After a few minutes she turned around and we ended up kissing my arm was also around her. This is where the apparent first charge was made that i kissed and touched her vagina when she was sleeping. After a few minutes i felt uncomfortable and went through to the bathroom where i laid down in an empty bath with a few towels she came through after a couple of minutes and we sat together and she ended up kissing me again and it led to us having sex straight away i realized i didn't want to do this to my girlfriend and i sobered up completely as it happened and told her to get off i was angry that i had even done this to my girlfriend who i really do love to pieces and she left the room but whilst we were kissing people were trying to get in the room because they thought that we were having sex and would regret it. After about ten minutes later i was asleep in the bath but woke up to being repeatedly punched i asked what it was for his reply was the girl has said i raped her. They then phoned the police and i waited outside for them obviously wanting to get it sorted as soon as possible.

Also the next day the girls had phoned my girlfriend up laughing about it and constantly phoned her to annoy her about it. They also spoke about it all over social medias changing the story to suit who they were speaking to.

After 6 months and in her last statement the girls sister also made up a charge that i grabbed her and tried to put my hand down her pants however this was never mentioned before in her first two statements and as far as any one thinks that is completely made up so i amn't really bothered about that one.

i've pleaded not guilty to 2 sexual assaults and a rape charge and have a five day trial set out in the high court in 2 months.

Lots of little bits of things have came up but nothing very solid to support me, but the house was tiny and the girl claimed to be a virgin i don't understand why nobody would have seen at the time if she was being raped or heard it, or surely she would shout? Even an outsider looking at the story it seems totally obvious to me.

I also recieved a phone call from the girls sister who was there at the time wanting to hear my version of events because she doesn't believe her sister now as well.

I also had print screens a friend of hers had said where she wanted to drop the case and with draw her statement.

i Just feel so helpless all the time and it's so embarrassing, i also hate having to have my girlfriend go through this with me.

Any help would be much appreciated.

[Faith]

Welcome to the forum and I am sorry to hear of your ordeal.
I am assuming that you are being supported by a solicitor for your case?

From what you say, the case looks like the girl making this allegation to cover up her own shame and, for whatever reason, use it as a weapon against you or your girlfriend (revenge for rejection being a high possibility)

If you have transcripts of any social media evidence or texts, ensure your solicitor has seen this and can take them into account when building your defence. It speaks volumes for you that your girlfriend is standing by you.

I know very little about Scottish law, but two of our Senior members are Scotland based and may be able to offer some more insight into that side of things for you.

[lawlessone2009]

Wow... Demon Vodka strikes again!

Out of interest, has the male that assaulted you been charged?

You're going to need to have your girlfriend as a defence witness. Her testimony could be crucial in securing a Not Guilty verdict.

Does your solicitor know about the phone call from the girls sister?


Now my favourite piece and a piece that I only very recently became aware off... The 'dropping the charges' part... The Police and COPFS (Crown Office and Procurator Fiscals Service) will be actively encouraging the continuation of the complainers complaints against you, they will be filling their heads full of all sorts of garbage and applying pressure no end. You have to have your solicitor carry out precognition on them and obtain any information about their preferred positions. If it ends up in trial and the questions have not been asked then it needs to be put to them in front of the jury.

You've got some girlfriend! If you make it out the other end try and ensure she's with you whenever you are drinking in future. Women seem to have a 7th sense and can keep their men out of situations where other females wish to unleash hell on them.

[edinguy]

Sorry you find yourself in this situation, I too went through this kind of hell.

I'm from Scotland so know the procedure pretty well having gone through the week trial myself.

Like my case your sounds like it's riddled with snippets of the accusers story being twisted to suit and it's great you have got screen prints and such. I take it your defence team have had a look at them and everything?

I only really saw my team about 2 or so weeks from trial (had 1 or 2 meetings before I was charged, I went through the procurator fiscal process).

The worst part is the waiting, once everything gets underway things start moving and although scary it is good to finally see light at the end of the tunnel.

It's great your girlfriend is still with you and offering support, without mine doing the same I doubt I'd have came through it all...it's horrible having to put them trhrough it but you need to put that to the side as you are dealing with enough.

Message me if I can be of any help to you, stay strong.

[derryboy]

I was found not guilty of the rape charge and the other two were dropped during the trial. So glad to have it finished and went really well the whole way through.

Have a couple of questions if anyone could answer them.
My phone was took off me 15 months ago, i've been paying fourty three pounds a month for it the whole time. I still haven't got this back is there anyway to speed this up or get some sort of compensation.

[is there justice?]

Firstly, brilliant news

Re the phone, I would ask the OIC for its prompt return, not sure about the cost of the contract though, very annoying.

I'm glad it went well and wish you a very happy future

[Casehardened]

This is such good news to hear

Just a cautionary note (which you probably already worked out!).....avoid getting into similar situations in future; another accusation may be viewed more seriously on the basis of lightning striking twice.....

[derryboy]

This is such good news to hear

Just a cautionary note (which you probably already worked out!).....avoid getting into similar situations in future; another accusation may be viewed more seriously on the basis of lightning striking twice.....

Don't worry i'll never let myself get in a position like that again!

[phoenix2014]

This story sounds almost a carbon copy of what we went through.
Sadly I doubt it will be the last but well done on the outcome of yours.


Btw,we are still waiting on property being returned since October last year,including a phone that had been paid for unused for about 8 months,ended up cancelling the sim and buying another phone,so good luck on that front!
Best of luck for the future.

[Cat]

Really pleased to hear your good news.