Falsely accused of rape and assault by overseas wife

[Gerrard]

Hello everybody

I got married overseas and brought my wife to this country when she got her visa a year and a half ago. It has been a really topsy turvy marriage and I have been miserable for a long time. I have wanted to divorce her for 6 months but she has constantly played the sympathy card and cried to me constantly that there's no future for her back home if I left her. I assured her time and again that I would help her get her visa and help her stay in this country but it is better for us to separate/divorce as we were just not compatible and we had too many arguments.

We had a big argument a month and a half ago and I told her to leave my house by text and I didn't want to see her. When I came home that day after work, 4 police officers barged into my house and arrested me for rape. The alleged rape was supposed to have happened 4 days previously. She also said I beat and assaulted her before even though I have never ever touched or laid a finger on her in 2 years of marriage. I am now on bail and haven't seen or spoken to her in a month and a half, otherwise I get arrested for breaking my bail conditions.

I am currently going through an up and down period and the wait to find out if im going to be charged (will find out early October) is driving me mad. The free solicitor that was given to me at the police station when I was arrested, told me there is nothing to worry about as from what I have told him and the investigating police officer, apparently I have a strong case. The free solicitor told me he's been doing his job for 16 years, and there wont be a case and the allegations will most likely be dropped. Is he just saying that to reassure me?

Meanwhile my wife has been going around and telling everyone really bad things about me. She cries a lot to everyone she talks to and many people are now believing what she's saying. I have heard from some people this week, that the rape allegation was forced onto her by the lady police officer who interviewed her. I have read on this forum that this kind of practise is quite common with the police. My question is why do they do that and is this practise allowed legally? Isnt this considered perverting the course of justice?

I was told by the police investigating officer that she's had some bruises on her previously (not necessarily at the time I was arrested) which he said indicates physical abuse/assault during the relationship. The officer also said my wife visited the doctor many times and reports will be requested if needed. Yet on my bail condition sheet, it only mentions allegation of rape and no assault/physical abuse is mentioned. Does that mean if i was to be charged, no assault/physical abuse proceedings will be brought?

Meanwhile, i have paid £120 to see a private solicitor for a 1 hour consultation and she seems convinced that i have a strong case and it is clear my wife is doing this to get indefinite leave to stay in UK on compassionate grounds. She even told me she would be happy if i was to be charged. Whatever that means!!!

Questions i have is:
1) Am i supposed to do nothing and just wait and see if i am going to be charged?
2) How does the CPS decide to charge me and make a case of this? Is this based on evidence? Can they open a case if chances of prosecution are very very slim? Reason im asking is because I was assaulted badly by a family member once which i reported to the police. I didn’t press for charges but he was still prosecuted.
3 ) What happens if it goes to court and it is found that my wife just made up these allegations?
4) Lastly, do i inform the home office that i am no longer with my wife?

Thank you for reading my post and any answers, advice to my questions will be greatly appreciated as i am so confused right now and in a state of limbo.

[frightened spouse]

Questions i have is:
1) Am i supposed to do nothing and just wait and see if i am going to be charged?

Hi Gerrard there is very little that you can do until a decision is made, be prepared for a re-bail in October, it is very common to be re-bailed a number of times before a decision is made.In the meantime, you could write down a detailed time line of everything that has happened, it is better to do this now whilst it is relatively fresh in your mind. You may never need this if you are not charged , I found it very helpful to do this for my husband as it kept me occupied and gave me back an element of control over the situation.


2) How does the CPS decide to charge me and make a case of this? Is this based on evidence? Can they open a case if chances of prosecution are very very slim? Reason im asking is because I was assaulted badly by a family member once which i reported to the police. I didn’t press for charges but he was still prosecuted.

The CPS reviews the evidence and supposedly make a decision to prosecute if there is a 51% chance of a conviction. I believe you are correct in saying they can pursue cases even if the complainant is unwilling, however in a case such as this where there is no physical evidence it would be very difficult for the crown to prosecute without the accuser giving evidence.


3 ) What happens if it goes to court and it is found that my wife just made up these allegations?

You would be cleared and nothing would happen to your wife. Liars are caught out in court rooms every day in court rooms and there are no repercussions !

4) Lastly, do i inform the home office that i am no longer with my wife?

I'm afraid I don't know enough about this to give advice, however after what she has thrown at you I'd be sorely tempted. Will she not now have special victim status as she has reported her allegations to the police ?

[Gerrard]

Questions i have is:
1) Am i supposed to do nothing and just wait and see if i am going to be charged?

Hi Gerrard there is very little that you can do until a decision is made, be prepared for a re-bail in October, it is very common to be re-bailed a number of times before a decision is made.In the meantime, you could write down a detailed time line of everything that has happened, it is better to do this now whilst it is relatively fresh in your mind. You may never need this if you are not charged , I found it very helpful to do this for my husband as it kept me occupied and gave me back an element of control over the situation.


2) How does the CPS decide to charge me and make a case of this? Is this based on evidence? Can they open a case if chances of prosecution are very very slim? Reason im asking is because I was assaulted badly by a family member once which i reported to the police. I didn’t press for charges but he was still prosecuted.

The CPS reviews the evidence and supposedly make a decision to prosecute if there is a 51% chance of a conviction. I believe you are correct in saying they can pursue cases even if the complainant is unwilling, however in a case such as this where there is no physical evidence it would be very difficult for the crown to prosecute without the accuser giving evidence.


3 ) What happens if it goes to court and it is found that my wife just made up these allegations?

You would be cleared and nothing would happen to your wife. Liars are caught out in court rooms every day in court rooms and there are no repercussions !

4) Lastly, do i inform the home office that i am no longer with my wife?

I'm afraid I don't know enough about this to give advice, however after what she has thrown at you I'd be sorely tempted. Will she not now have special victim status as she has reported her allegations to the police ?

Hello

Thank you so much for replying me.

1) You say it is very common to be rebailed a number of times. I was told by the solicitor that I paid £120 that she can phone up prior to me having to attend the police station in early October to find out if I would be charged. Are you aware of this and if so how long before you are due to appear at police station can you find out what's going to happen? It seems to me that the CPS and police get a kick out of seeing innocent people suffer.


2) Regarding your following statement 'You would be cleared and nothing would happen to your wife. Liars are caught out in court rooms every day in court rooms and there are no repercussions'. Are you sure about this? I have read online many women have gone to prison for falsely accusing men and many of these men have actually been awarded big payouts for having their lives turned upside down.

3) What is this special victim status? I heard she was provided refuge by the police when she left ie they put her in a home somewhere. But the solicitor who I paid said this wouldn't be the case and she's likely staying with a friend.

4) Why did the free solicitor who was given to me in the police station tell me he's been doing his job for 16 years, and there wont be a case and the allegations will most likely be dropped. Is he just saying that to reassure me? The solicitor I paid also said my case is strong and she would be happy even if I was charged.

5) Are the police allowed to pressure someone into a rape allegation?

6) Why did the police mention assault allegations from my wife yet it wasn't mentioned anywhere on the bail report sheet?

I have done this detailed time line and I will add more things to it to ensure I have most things whilst my mind is fresh.

Thank you once again

[o my god]

The only time anyfin can happen to ur wife is if she admits she lyed, which she isn't going to do coz as u say she could find herself in prison.
Do not trust the police any evidence you have keep to yourself and your sol.
Your Sol can ring days get before to see if they are going to charge you or re bail you

[frightened spouse]

1) You say it is very common to be rebailed a number of times. I was told by the solicitor that I paid £120 that she can phone up prior to me having to attend the police station in early October to find out if I would be charged. Are you aware of this and if so how long before you are due to appear at police station can you find out what's going to happen? It seems to me that the CPS and police get a kick out of seeing innocent people suffer.

The solicitor's suggestion to phone up the day before sounds very sensible, it is unlikely the police will be organised and therefore in a position to give notification before this. To the police this is just a job, they have targets to meet for sexual offences. Do not think of them as neutral, any information you have that aids your case should only be shared with your solicitor. When i first joined this forum i found the negative attitude towards the police shocking and unbelievable, but it is true that they build cases rather than investigate both sides of an allegation.

2) Regarding your following statement 'You would be cleared and nothing would happen to your wife. Liars are caught out in court rooms every day in court rooms and there are no repercussions'. Are you sure about this? I have read online many women have gone to prison for falsely accusing men and many of these men have actually been awarded big payouts for having their lives turned upside down.

If you read through the forum. prosecutions of those that make false allegations are rarer than hen's teeth. Only 35 prosecutions were made in 2011/2012 whereas in reality false allegations were made by hundreds if not thousands. All the evidence can point towards it being a false allegation and yet unless the complainant openly admits that they lied it will not be pursued. https://www.google.co.uk/url?sa=t&rc...73612305,d.d2k

Many of us have tried to get the police to consider a prosecution for perverting the course of justice and have been met by a brick wall. The government are under pressure from groups such as women against rape WAR to not prosecute any false accusers as it is thought to be so damaging to the wider public perception ( potential jury members) and even fewer convictions will happen as a result !

3) What is this special victim status? I heard she was provided refuge by the police when she left ie they put her in a home somewhere. But the solicitor who I paid said this wouldn't be the case and she's likely staying with a friend.

I have no knowledge or experience regarding the home office and visas etc, i was asking you whether she would be afforded special status and whether this may be part of the motivation for making the allegation ?

4) Why did the free solicitor who was given to me in the police station tell me he's been doing his job for 16 years, and there wont be a case and the allegations will most likely be dropped. Is he just saying that to reassure me? The solicitor I paid also said my case is strong and she would be happy even if I was charged.

Unfortunately no one is truly in a position to advise you of the outcome, but it is encouraging that two solicitors have stated that the case against you appears weak. Many of our members that have faced similar allegations have received No Further Action but there have also been some silly cases that reach court and then acquitted.


5) Are the police allowed to pressure someone into a rape allegation?

I wouldn't imagine the police would see it as pressure, more opening a discussion and asking whether there had been any rape/sexual assault but it is true that they are now very keen on bringing these cases forward. Many fair minded people would consider this to be trawling for victims of sexual offences which it is, but the police always justify what they do, no matter how dodgy !

6) Why did the police mention assault allegations from my wife yet it wasn't mentioned anywhere on the bail report sheet?

Any possible charges made can change at any time, maybe they are waiting for verification of your wife's medical records to see if they tally up with her story ?

Try and stay positive and keep adding to your timeline, if there are any text messages/ cards etc around the time of the "rape" which contradict your wife's version of how things were even better.

[Rights Fighter]

Possibly she inflicted the bruises on herself if they do not tally exactly with the date of the alleged assault. A medical expert would be able to clarify that.

The police may well tell you something that is actually a load of old cobblers, just to get you to 'confess'. Don't believe everything they tell you especially when they claim to have 'evidence'.

[the advocate]

Possibly she inflicted the bruises on herself if they do not tally exactly with the date of the alleged assault. A medical expert would be able to clarify that.

The police may well tell you something that is actually a load of old cobblers, just to get you to 'confess'. Don't believe everything they tell you especially when they claim to have 'evidence'.

When I was arrested, completely out of the blue, for the supposed multiple rapes of my ex wife (I'd told her I wanted a divorce) I was, to put it mildly, in a state of extreme shock. I was taken off to the police station and had to wait for several hours to be booked in and put in a cell. At the time, I was consoled by a very sympathetic female police officer who had just happened to come on shift (!) and who chatted to me whilst we were waiting on benches outside the custody suite. She told me that I had to wait because a violent crowd were expected to be booked in shortly from a pub fight and for safety reasons I couldn't be booked in, in case they started kicking off in the custody suite. She also mentioned that it was good for me that I wasn't put into a cell, and good for her because someone had to stay with me in the police station and it meant she wasn't out on patrol and risking any of the aforementioned drunks. It also gave me the opportunity to have a friendly ear, as the trumped up accusations were so bizarre to my mind I was having trouble processing the information.

As part of the family court proceedings I got a court order against the Met Police to give me all details of the accusations against me and copies of their internal records (printouts from CRIS, I believe.) I also discovered separately that I was entitled to get a copy of my custody records.

It was some time later that I discovered that the policewoman who sat with me for several hours had been the one to sit with my ex wife and take her preliminary statement. I now have no doubt that this was a very subtle attempt to test the veracity of my ex wife's statements, as no doubt if I'd said something like 'yes, I did hit her a couple of times but it was in self defence' they would have assumed that there was some truth behind the rape allegations, and then brought out the big pressure to get me to confess. It was only because I was completely innocent and obviously coming out with the truth in a pressurised situation that they thought that there was no mileage in taking me to court. Still took 12 weeks to get a NFA though, and there were other instances of heavy handedness where i was certainly not treated fairly of with even a hint of compassion as a victim of plainly false allegations.

So do not be disarmed by an apparently casual encounter with the police. They'll try to stitch you up from the unlikeliest of situations.

[o my god]

Ya no doubt that the officer was trying to stitch you up, I would put in a complain.
Underhanded basxxxds