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Second NFA!!
Hi All
Just coming back to this site and reading some more of the stories on here, makes me so angry that this epidemic of false rape/abuse allegations appears to be getting worse, and yet because it would not be "politically correct" to admit there is a serious problem with false allegations, the various authorities (Police/Social Services/Politicians etc.) are compelled be seen to do the "right thing" by entertaining these poisonous lies rather than working to develop a system which would allow GENUINE complaints to be dealt with, whilst making it much more difficult/less rewarding for false accusers to ruin entire families' lives. The problem is that people making false allegations simply have nothing to lose - there is no punishment for making false allegations - forget the "wasting Police time" myth - I was told by Police after my first NFA that the CPS will almost never take someone who has previously been treated as the alleged victim, and prosecute them for fear of putting off genuine victims. Personally I believe that there should be a time limit on making allegations - I'm sure this would help reduce the number of false allegations currently causing the Police and Family Courts to be so overwhelmed. However until Alison Saunders is removed from her role as Director of Public Prosecutions at the CPS I think nothing will change - Google her views on false rape allegations...
OK rant over! The good news is that the Police have advised me that there will be No Further Action (NFA) in my rape investigation. This case had already been investigated in 2014 and I received an NFA after nearly 3 months on bail. However when our Family Court date came through this year, my wife went back to Police demanding that the rape case be reopened claiming to have new evidence. It was therefore reopened a month prior to the Family Court Case - I would have been unaware of it being reopened (I was not rearrested or interviewed etc.) had my wife not submitted paperwork to Court from the police confirming that they were re-investigating.
If you are reading this and now worrying that your case will be re-opened after an NFA then don't be. Yes it is horrible and all I could think about for the last few months was this investigation. Anyone who has been in the position of having an investigation like this hanging over them will know that even though you know deep down that it is highly unlikely for the investigation to go anywhere as you know it's completely untrue, even having just a 0.0001% chance of being prosecuted for a hideous crime that you did not commit, is enough for it to take over your life. The Police explained to me that if a "victim" claims to have new evidence then they are compelled to investigate this.
Our Family Court Fact Finding Hearing lasted for 3 days as my wife had now made so many allegations against me. I paid for a Barrister but my wife self-represented. Having only seen Court played out on the TV I expected my Barrister to be pacing the floor tearing my wife's case apart - although I discovered that Family Court doesn't work like that! It is all very calm. In fact the only person becoming emotional was my wife who appeared to put on her best performance of pretending to be a victim. At the end of the Fact Finding trial the Judge delivered their verdict....and ruled that my wife had lied/was not credible/had changed her evidence/not answered questions truthfully, whilst stating that I had been credible, honest and consistent throughout. In Family Court the Judge only needs to be 51% sure that an allegation is true for it to be "proven" (far lower than criminal Court) When the police received a copy of a transcript of this judgement, they reviewed my case and NFA'd me within the week.
For those of you who are in the same position as me (being subject to these allegations as part of a divorce where your ex is trying to stop you seeing your children) then my advice would be to put your energy into a Child Arrangements Order (be prepared for it to take time as the Family Courts are swamped in domestic violence/rape allegations) Also, collate ANY evidence that you think might help you in Family Court - download all old text messages. Search through emails/letters etc. Write a timeline of the relationship - your Barrister will pick what they need, and it surprised me what they don't actually need! The burden of proof is on your accuser to prove that what they are alleging is true, although the defence will want to discredit them and their claims.
You can't do anything about the criminal law process, but having a Family Court Judgement describing these allegations as "unproven" should make it much more difficult for the CPS to justify a decision to charge in the absence of any corroborating evidence.
Good luck to all of you still in this nightmare - one day something will have to be done to stop these false allegations. This forum is an absolute lifeline.
Hi All
Just coming back to this site and reading some more of the stories on here, makes me so angry that this epidemic of false rape/abuse allegations appears to be getting worse, and yet because it would not be "politically correct" to admit there is a serious problem with false allegations, the various authorities (Police/Social Services/Politicians etc.) are compelled be seen to do the "right thing" by entertaining these poisonous lies rather than working to develop a system which would allow GENUINE complaints to be dealt with, whilst making it much more difficult/less rewarding for false accusers to ruin entire families' lives. The problem is that people making false allegations simply have nothing to lose - there is no punishment for making false allegations - forget the "wasting Police time" myth - I was told by Police after my first NFA that the CPS will almost never take someone who has previously been treated as the alleged victim, and prosecute them for fear of putting off genuine victims. Personally I believe that there should be a time limit on making allegations - I'm sure this would help reduce the number of false allegations currently causing the Police and Family Courts to be so overwhelmed. However until Alison Saunders is removed from her role as Director of Public Prosecutions at the CPS I think nothing will change - Google her views on false rape allegations...
OK rant over! The good news is that the Police have advised me that there will be No Further Action (NFA) in my rape investigation. This case had already been investigated in 2014 and I received an NFA after nearly 3 months on bail. However when our Family Court date came through this year, my wife went back to Police demanding that the rape case be reopened claiming to have new evidence. It was therefore reopened a month prior to the Family Court Case - I would have been unaware of it being reopened (I was not rearrested or interviewed etc.) had my wife not submitted paperwork to Court from the police confirming that they were re-investigating.
If you are reading this and now worrying that your case will be re-opened after an NFA then don't be. Yes it is horrible and all I could think about for the last few months was this investigation. Anyone who has been in the position of having an investigation like this hanging over them will know that even though you know deep down that it is highly unlikely for the investigation to go anywhere as you know it's completely untrue, even having just a 0.0001% chance of being prosecuted for a hideous crime that you did not commit, is enough for it to take over your life. The Police explained to me that if a "victim" claims to have new evidence then they are compelled to investigate this.
Our Family Court Fact Finding Hearing lasted for 3 days as my wife had now made so many allegations against me. I paid for a Barrister but my wife self-represented. Having only seen Court played out on the TV I expected my Barrister to be pacing the floor tearing my wife's case apart - although I discovered that Family Court doesn't work like that! It is all very calm. In fact the only person becoming emotional was my wife who appeared to put on her best performance of pretending to be a victim. At the end of the Fact Finding trial the Judge delivered their verdict....and ruled that my wife had lied/was not credible/had changed her evidence/not answered questions truthfully, whilst stating that I had been credible, honest and consistent throughout. In Family Court the Judge only needs to be 51% sure that an allegation is true for it to be "proven" (far lower than criminal Court) When the police received a copy of a transcript of this judgement, they reviewed my case and NFA'd me within the week.
For those of you who are in the same position as me (being subject to these allegations as part of a divorce where your ex is trying to stop you seeing your children) then my advice would be to put your energy into a Child Arrangements Order (be prepared for it to take time as the Family Courts are swamped in domestic violence/rape allegations) Also, collate ANY evidence that you think might help you in Family Court - download all old text messages. Search through emails/letters etc. Write a timeline of the relationship - your Barrister will pick what they need, and it surprised me what they don't actually need! The burden of proof is on your accuser to prove that what they are alleging is true, although the defence will want to discredit them and their claims.
You can't do anything about the criminal law process, but having a Family Court Judgement describing these allegations as "unproven" should make it much more difficult for the CPS to justify a decision to charge in the absence of any corroborating evidence.
Good luck to all of you still in this nightmare - one day something will have to be done to stop these false allegations. This forum is an absolute lifeline.
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