Being accused of historical abuse

[anothercustodycase]

Thought it was time I asked for help, in what I suspect is something a bit different.

I can't go into too much detail, as I don't want to identify myself. But I am now separated from my wife. We met when she was under age, and there is a 6 year age gap. We spent many years together, had two children, got married etc.

Fast forward quite a few years, and she is now threatening to go to the Police claiming I had under age sex with her. Having read what I have on here, this thought terrifies me. Like many, I always assumed the British justice system was fair.

Not quite sure what advice I am looking for, as yet she hasn't been to the Police. I don't know if she will carry out with this. At least I do have some forewarning I suppose. My first question would be about the initial interview. Would I have to pay for a Solicitor other than the duty sol to sit in? Does anybody have any ideas how much that would cost? Further down the line (should we get that far) I really could not afford legal help, so would be relying on legal aid.

[Southwestaccused]

Hi

Sorry you had to find yourself here. No doubt others more knowledgeable than myself will give you useful legal advice. If before then you find yourself in the police station always request a duty solicitor which is free. If they advise you to answer the questions just do so in a straight forward manner denying anything that didn't happen and discuss any evidence you have to dispute any claims with the solicitor before giving it to the police.

I assume something has happened in terms of the care of your children to make it in her interest to do this? I have experienced exactly the same and come out the other side (actually with a very good preliminary hearing in family court recently). But unfortunately the threat of more accusations never goes away as long as it is beneficial for mothers to make these claims. Right now there is unfortunately nothing you can do except don't have any contact with her unless it is related to the care of your kids and don't get drawn in to anything else. Make it clear that you plan to continue you to be a good father and are contactable on those matters but other than that your relationship is over and you don't want to discuss it any further.

In terms of coping as I said there is always that threat from mothers who want fathers out of their kids lives, we just have to find a way to live with that. And if anything does go to the police try to ride out the process with the excellent advice on here. Unfortunately it is not the happiest way to live

[Casehardened]

Hi and welcome to the forum,

My initial thought on reading your précis is that at the moment there is nothing to defend so if you are interviewed you may as well go with the duty solicitor. If you instruct a specialist at this stage it might give the impression that you feel you are guilty of something!

I am sure that your situation (older male, younger girl) has been, and will, be repeated ad infinitum, and the fact that the relationship progressed to marriage suggests that there was no coercion at the time.

If you wife does contact the police, with the present furore, you will almost certainly be interviewed, and I am sure the solicitors advice will be to answer questions frankly and concisely without trying to justify anything.

From what you have told us, I doubt the matter would go any further than an initial interview, and if it did it would take a hard-hearted jury to convict!

[o my god]

Are u still seeing ur children? Or are you having to take her to court?

[Rights Fighter]

Another question I would be asking...... is she sort of money?

Custody case and short of dosh is often the motive for lying.....

[falselyaccused]

How long ago are we talking here? if it was pre 2004 then sexual offences will come under the 1956 act which states that;

Unlawful Sexual Intercourse-

By a man with a girl under 13, see section 5 Sexual Offences Act 1956, (Archbold 2004 20-63 and Archbold 20-64).
By a man with a girl under 16, see section 6 Sexual Offences Act 1956, (Archbold 2004 20-74).

A charge of unlawful sexual intercourse will normally be appropriate if a girl consents to intercourse but she is under the statutory age in sections 5 of the Sexual Offences Act 1956.

HOWEVER

A prosecution for an offence committed under section 6 (or an attempt to commit that offence) must be commenced within 12 months of the alleged offence. The House of Lords has ruled that a charge of indecent assault cannot be used to bypass the time limit. See R v J [2004] UKHL 42.

Source: http://www.cps.gov.uk/legal/p_to_r/r..._soa_1956/#a46

Put simply, she would have had to have made the accusation within a year of it happening. The police cannot get around this by charging you for something else.

If she wants to accuse you of raping her then she would have to answer questions as to why she married you and had kids with you.

Hope this helps.

[anothercustodycase]

Thanks everyone for your help, it is appreciated so much.

First of all, SWA - I remember your thread well. It was the closest to my own situation I could find, and inspired my username!

To answer the questions:

OMG - Yes, I am still seeing the children. I am very much in their life. Perhaps my username is actually a tad misleading, not deliberately however, I will add. We have not been to court yet, there is a chance we may not at all, but that would very much surprise me. I know well her motive behind this, and I will PM you the details. Apologies to all if I appear paranoid here, but don't want to risk identifying myself, and I believe much of this to be a rare case.

Rights fighter - She's certainly not rich. Wouldn't say she's desperately short of cash, and I don't see this as the motive, however, I could be wrong. I will also PM you some details.

Falselyaccused - It was indeed pre 2004. I was aware of this aspect of the 1956 legislation. However, is it really as simple as this? It strikes me that some of the high profile celebrity cases recently seem to have done exactly what that law says you can not. Can you or anybody else clarify this?

[falselyaccused]

the distinction here is consent. if she consented to having sex with you then youll be ok. the other cases didnt have consent..

[Rights Fighter]

My understanding is that she says (at the moment) that it was underage SI - not rape/lack of consent.

[anothercustodycase]

You are right, Rights Fighter, that is her claim (at the moment, who knows if she will come up with something else later). Is Falsely Accused right with what he is saying though?

Unfortunately, I am unable to PM you.

[Rights Fighter]

As he is quoting directly from the CPS website then he is correct.

If you select this bit

Unlawful Sexual Intercourse-

By a man with a girl under 13, see section 5 Sexual Offences Act 1956, (Archbold 2004 20-63 and Archbold 20-64).
By a man with a girl under 16, see section 6 Sexual Offences Act 1956, (Archbold 2004 20-74).

And right click on it, you should be able to search Google (or Bing) straight from that. It will (or should) take you directly to the page.