Historical accusation of rape - Help Needed

[falselyaccused]

Hello,

As I was boarding a plane to go on holiday, I was taken aside by the police and informed that there had been an allegation of rape made against me in 2010 relating to an incident which is said to have happened in 2003 when I was 14/15. The police held me for 21 hours before interviewing me about the allegations. I am accused of rape by penetrating the mouth of my accuser. The interview was relatively short, maybe 40 mins tops, and the officers didn't seem to push that hard in terms of testing my story. There were a number of inaccuracies in the accusers story that didn't add up, which I won't go into but which I will concentrate on myself. One thing that I am really worried about is that she was able to provide a 'detailed account' whereas I have had to rely on a patchy recollection of what happened on the night. Some parts of my statement lined up with hers but the rest is completely fabricated. The OIC wasn't in the interview but will review my case and decide on my fate.

My solicitor settled my nerves somewhat, suggesting that the case is very flimsy. One of the interviewing officers gave me a lift home and said that I should concentrate on 'going on holiday and putting this behind me' as well as saying that the CPS would have to have a 'home run' if they were to charge me.

I've been trying to carry on as normal but I feel like I have this looming over me.

I'm hoping that my questions can in some part be answered.

1) As this incident is alleged to have taken place in 2003 before current legislation will it be tried under the 1956 act? This changes what charge will be brought in my understanding.

2) As there are no forensics, witnesses or computers to look through, does anyone know timescales of the CPS coming to a decision?

3) I have been offered a job that requires me to have security checks owing to the nature of where I work and those who I will be in close proximity to (very high profile, if I was charged after taking the job it may hit the press) would an arrest, but not a charge come up on checks?

4) Does anyone know anything about abuse of process and how this can be applied? The accusation being made in 2010 after 7 years and another 4 years before the police even interview me, and even then only because i popped up on the PCN.

I hope someone can offer advice and hopefully those who are in a similar situation can get help from this thread.

[myhome]

Hi and welcome - so sorry to see another new member here, but sadly you story has so many similarities to others on here. I'll try to answer your questions but every case is different, every police force is different but they all have the same conviction targets to meet....

1) As this incident is alleged to have taken place in 2003 before current legislation will it be tried under the 1956 act? This changes what charge will be brought in my understanding

IF this goes to trial it will be under the legislation that was in place at the time of the alleged incident.

2) As there are no forensics, witnesses or computers to look through, does anyone know timescales of the CPS coming to a decision?

CPS have their own timescales which they very rarely adhere to. Some cases are concluded (rarely) quite quickly; others drag on and on. For example. the first of the historic (from the 80's) FA's against me were made in 2010, then more in 2011, I was interviewed in 2012 and I still have no answer - not arrested nor charged.

Sorry I can't help with questions 3 and 4 but I'm sure someone will be along shortly to help with these.
Keep strong, this is usually a long and emotional journey, but we are here to help as much a s we can....MH

[falselyaccused]

Thanks for the reply.

This forum has been rather invaluable these past couple of weeks. If the police decide not to proceed I'm assuming they will let me know at when i turn up for bail?

Such a strange and confusing situation to be in. I'm hoping that the police and CPS see sense. Once this is over with I am going to get somebody to look at the evidence threshold required for historical cases. The idea that charges can be brought on the word of someone without any evidence to back up the claim is remarkable. I always had faith in the justice system but after reading some of the stories on here my faith has been seriously eroded.

[Chigirl]

We are going through this atm. The police said the same to my dad. The accuser had given a "very detailed account". It's very disheartening to see someone reply it's been years and they are still waiting to hear what's happening. I was praying this would all be over soon.

[myhome]

. If the police decide not to proceed I'm assuming they will let me know at when i turn up for bail? .

When you turn up for bail, you could be rebailed - which means they haven't got enough "evidence" to make a charge (because they've been doing sod all since you last saw them).
You could be charged - then the pre-trial process starts.
You could be NFA'd - No Further Action (for now) - which means that they haven't found enough "evidence" to make a charge, so the case is put on ice in case fresh "evidence" turns up in the future.

Please - ChiGirl and Falselyaccused - try not to compare your cases with other ones. Although there may be similarities between yours and others, every case is different; I have read of one which was concluded in 5 days, another in 6 months and so on.
Try to keep strong and keep posting and we will help all we can......

[falselyaccused]

I am the kind of person that doesn't let things bother me. I try to see the positives. I can't see a positive here. I read an article in the Spectator by Nigel Evans (former Deputy Speaker of the House of Commons) in which he had a conversation with Jim Davidson whereby they agreed that the accusation is always at the back of your mind. Stop for one minute and it seeps in. Things that once seemed innocuous, now take on a whole new form. Words have a new meaning. The smallest thing brings back the memory of being in a police cell. I can no longer sleep in the dark. I can't watch 'Orange is the New Black'. I can't bring myself to hand in the forms for the security check for my new job which I'm due to start. I'm supposed to move house/cities soon.

I have an albatross. I have an accusation that if I get charged I will find difficult to fight as it's been that long since the alleged incident took place, that on the night in question I have huge gaps in my timeline. I researched the implications on time in rape cases, this has to be countered by the judge, can I really trust a judge to help a jury account for my **** memory.

I am subject to a quirk in the law. My bail sheet says I am accused of rape. Oral Penetration of the mouth (what I am accused of, not what happened) is not considered rape prior to 2004. Will they realise their error? Should I raise the point with them? Why should I do their job for them.

Will a jury be able to put all recent stories regarding historical allegations of rape/indecent assault out of their heads?

**** my life.

[Casehardened]

I am subject to a quirk in the law. My bail sheet says I am accused of rape. Oral Penetration of the mouth (what I am accused of, not what happened) is not considered rape prior to 2004. Will they realise their error? Should I raise the point with them? Why should I do their job for them.

You could only be tried according to the laws in force at the time of the (alleged) offence so if, heaven forbid, it goes to charge the charge may well be different to what is specified on the bail sheet.

As to whether you should say anything now, my instinct is to say nothing at the moment; after all who would you tell....the OIC? This inevitably would translate into a further recorded interview, as he is hardly likely to have an off-the-record discussion with you at this stage in the proceedings, and would you want or cope with this?

[falselyaccused]

Thank you for your reply.

It feels strange knowing that if it does go to trial then it will be some archaic law that they will try me against. These laws are usually reserved for old men, or at least that is what my research has found.

Does anyone know likely sentencing for indecent assault? I have tried searching for similar cases but often they are tried alongside other charges i.e. rape, buggery, sex with a child and these are often sustained cases of abuse over a long period of time so that a sentence given is often quite heavy due to the nature of the crime.

[Casehardened]

Does anyone know likely sentencing for indecent assault? I have tried searching for similar cases but often they are tried alongside other charges i.e. rape, buggery, sex with a child and these are often sustained cases of abuse over a long period of time so that a sentence given is often quite heavy due to the nature of the crime.

There are some *maximum* sentences for sexual offences under the 1956 Act in this link: (however the fact that you yourself were only 14/15 at the time of the allegation would have a considerable mitigating effect on sentencing as these are for adults)

http://www.thelawpages.com/court-cases/maximums.php

[Rights Fighter]

Instead of thinking about sentence maybe it would be a good idea to concentrate your defence.

Prior to the changes in law of 2003, oral penetration was classed either as gross indecency or indecent assault, depending on the actual allegation/details - please don't post them here!

Gross indecency or indecent assault attract lower sentences than rape or attempted rape - however - there could be aggravating circumstances, such as threats, position of trust, etc which would add to it. The judges have to sentence within certain guidelines - lower and higher.

Try to focus on your defence. Do you know anyone who knew the accuser from that time? Would they assist? If there is a specific date is there any way you can check diaries, calendars etc to see if you have alibi evidence?

Is the accuser on Facebook? If you can see their profile it might be interesting to watch any updates that relate to the case and in particular any money expected soon and how they will spend it....... ("compensation")

[falselyaccused]

Instead of thinking about sentence maybe it would be a good idea to concentrate your defence.

Prior to the changes in law of 2003, oral penetration was classed either as gross indecency or indecent assault, depending on the actual allegation/details - please don't post them here!

Gross indecency or indecent assault attract lower sentences than rape or attempted rape - however - there could be aggravating circumstances, such as threats, position of trust, etc which would add to it. The judges have to sentence within certain guidelines - lower and higher.

Try to focus on your defence. Do you know anyone who knew the accuser from that time? Would they assist? If there is a specific date is there any way you can check diaries, calendars etc to see if you have alibi evidence?

Is the accuser on Facebook? If you can see their profile it might be interesting to watch any updates that relate to the case and in particular any money expected soon and how they will spend it....... ("compensation")

Hi Rightsfighter, thanks for replying.

With regards alibi's etc that isn't applicable here. I have admitted that on the night in question she came to visit the village that I lived in, I remember this as the night was punctuated by someone having to leave in an ambulance, other than that however my memory of the evening is hazy at best because of the passage of time. It has been over a decade. The police have enquired about possible names of people that she remembers being there which I confirmed or denied however they ask if there is anyone I remember being there that night and I cannot 100% state who was or wasn't there. I didn't want to lie or appear to be lying so didn't offer any further names of people that may or may not have been there. I could easily ask around my old friends (i haven't spoken to most of them since 2004 ish) to see if anybody remembers anything from that evening but I'm not sure if I'm allowed to conduct my own inquiries?

If it transpires that people I ask do remember the night in question and are able to back up some part of my story, how should I go about getting details off them? I don't imagine the solicitor will do anything unless there is a charge?

Any advice I would be grateful for.

[Rights Fighter]

Ah right - so no alibi evidence. I was advising generally there, as I wasn't aware that you had already admitted the date was correct to the police. I am rather surprised they arrested/found you at the airport about to board a place. How would they know where you were? Facebook maybe?

You say in your OP that you 'popped up on the PCC'. I'm not going to ask you why you appear on there but if it is relevant to the current investigation, as in similar type allegation/caution/conviction you might have a problem. You say there are no forensics so they have not found you via DNA.

You are allowed to contact people who might remember that night, depending on whether the police have already questioned them or are due to question them. If the police have spoken to people best you don't have any contact with them personally (a solicitor can do that if you think they can assist your case). It would be difficult to explain why you need to talk with them. Do you have any photos of that time, where you can say to a potential witness 'I just came across these photos recently. Do you remember that night?' If they do, ask them what else they remember and if you then feel they can help, you can explain.

[falselyaccused]

Ah right - so no alibi evidence. I was advising generally there, as I wasn't aware that you had already admitted the date was correct to the police. I am rather surprised they arrested/found you at the airport about to board a place. How would they know where you were? Facebook maybe?

You say in your OP that you 'popped up on the PCC'. I'm not going to ask you why you appear on there but if it is relevant to the current investigation, as in similar type allegation/caution/conviction you might have a problem. You say there are no forensics so they have not found you via DNA.

You are allowed to contact people who might remember that night, depending on whether the police have already questioned them or are due to question them. If the police have spoken to people best you don't have any contact with them personally (a solicitor can do that if you think they can assist your case). It would be difficult to explain why you need to talk with them. Do you have any photos of that time, where you can say to a potential witness 'I just came across these photos recently. Do you remember that night?' If they do, ask them what else they remember and if you then feel they can help, you can explain.

From what I gathered, my name has been on the PCC because they wanted to question me in relation to the alleged incident. I'm guessing they put a marker on the computer for the exact reason as catching people who might possibly leave the country. The allegation was made in 2010, when they stopped me at the airport they had the address that I lived at in 2010 but I was never contacted or made aware of the accusation. It seems like they just never bothered following it up?!? As I haven't tried to leave the country until recently and because they never questioned me when the allegation was made it's taken til now for them to 'catch up with me'. Im guessing that if id have gone on holiday sooner then I would have been taken in for questioning sooner. I seem to be the product of a lazy investigation.

How am I supposed to reasonably defend myself if the original allegation is made 7 years after the alleged incident and the police investigation a subsequent 4 years after that!?!? I can barely remember what I did last week, never mind on some evening over a decade ago where the only incident of note was an ambulance. Other than that, a standard weekend.

As for photos of the night in question, this was all pre-facebook/ smartphone days so the only thing I could go on would be to ask them if they remembered the night when someone went home in an ambulance and go from there.

I've made notes of what I can remember from the night but I am a reasonable person and I know that unless I can provide more fuller information of my movements that evening then I am in a bit of a pickle.

[Casehardened]

I've made notes of what I can remember from the night but I am a reasonable person and I know that unless I can provide more fuller information of my movements that evening then I am in a bit of a pickle.

You are obviously sensible as well as reasonable and many false accusers have tripped themselves up in the witness box by continually 'not remembering' under cross-examination and then ranting at the barrister!

There will be a world of difference in honestly and openly answering what you can and calmly explaining to the jury that you were 14 at the time, a time of great emotional and physical changes in your life and would therefore only remember significant events not run-of-the-mill life......Cue for the defence barrister to suggest that if the alleged event did actually happen at this age you would surely remember it for ever!

Without trying to imply anything, did alcohol come into the equation, as this sometimes hazes events?

[falselyaccused]

You are obviously sensible as well as reasonable and many false accusers have tripped themselves up in the witness box by continually 'not remembering' under cross-examination and then ranting at the barrister!

There will be a world of difference in honestly and openly answering what you can and calmly explaining to the jury that you were 14 at the time, a time of great emotional and physical changes in your life and would therefore only remember significant events not run-of-the-mill life......Cue for the defence barrister to suggest that if the alleged event did actually happen at this age you would surely remember it for ever!

Without trying to imply anything, did alcohol come into the equation, as this sometimes hazes events?

Yes, there was alcohol involved. The amount consumed by the complainant is under dispute. Again though, I remember what she was drinking vividly, she claims not to have had that much but passed out. The police implied that she believes she was spiked.