World turned upside down

[worriedsick2014]

Hi,

I came across this site after searching on google. I cannot sleep since finding out my father has been accused of rape, of a minor.

He is being charged and his case heard in magistrates in a couple of weeks, does this mean it will go to trial at crown court?

This supposedly happened in 1985 so from what I've read on previous threads it would be charged under 1956 law?

I don't even know where to begin, he was working at the time always worked the same shift every Saturday night, my mam was with him for part of the night but we can't even prove he was working as the employment records only go back so far and he didn't clock in or out. We have literally racked our brains and cannot come up with any proof that this wasn't my dad or that he wasn't there.

This is the third allegation this same person has made against my dad, the first was that he was beating me up (this was 17 years ago and social services invaded our lives and found my dad quite rightly so not at fault) he made the same allegation a few years later (again found not true when investigated) and now he has said this.

My massive worry and biggest concern is with everything in the media at the moment about child abuse is my father won't get a fair trial and no one is going to believe he didn't do this.

I also need a good solicitor as at the moment he has legal aid.

If this does get proved wrong can anything be done to make sure this person cannot continue to ruin his life and make up these allegations?

Thanks in advance

[Casehardened]

My massive worry and biggest concern is with everything in the media at the moment about child abuse is my father won't get a fair trial and no one is going to believe he didn't do this.

I also need a good solicitor as at the moment he has legal aid.

Hi and welcome to the forum,

To answer the second point first, many members have posted of their recommendations for solicitors they have used in this thread; you may find a firm local to where the allegation is to be tried:

http://www.daftmoo.org.uk/mooforum/s...ist-solicitors

Regarding your worries about a trial, the jury would hopefully be composed of 'normal' people rather than a media mob. The accuser has obviously been part of your family's life for a long time (but please don't give details if these might be identifying) and in these sort of cases it is helpful to put a strong motive for making a false allegation before the jury.

Collate any such evidence that you can think and do be pro-active together with the chosen solicitor in constructing a defence (this will be easier once you get the prosecution's paperwork and witness statements from the CPS)

[worriedsick2014]

Thank you for your reply. I will have a look at the link you've provided.

The only thing we know for sure is this person has said on XX date of XX year my dad was living at their house and this is specifically when the incident took place and it was an isolated incident.

We know this cannot be true like I said earlier but also because my dad wasn't living there, he had moved out and moved into his sisters house, who can obviously stand up in court and say this but what worries me is people aren't going to believe it as we literally have no hard proof. Nothing.

All of the companies we have spoken to so far only keep records for so many years and since we want them for 1985 no one has them, even the bank.

My father added my mams name to his bank account in July 1985 and we wondered if this would be something we could use... But the bank have said they don't hold records.

What worries me above all is him going to prison for something he really didn't do, people who he has known all his life judging him , his face in the paper and the fact I read in the early hours the CPS will only charge a case if there's enough evidence to prove it.

[Casehardened]

Don't be too despondent about your dad being charged, one fallout from the media attention you mentioned is that the CPS are pushing cases to trial which would have previously been NFA'd and letting the jury decide on the suitability of the evidence.

The only thing we know for sure is this person has said on XX date of XX year my dad was living at their house and this is specifically when the incident took place and it was an isolated incident.

This is unusual and useful for the defence, mostly accusations are very vague as to dates and times and the accusers will often change these if an alibi is produced for the initial accusation.

On this matter did your dad explain to the police in his interview that he wasn't living at the accuser's home on the date of the allegation? If not keep this information to yourselves until you have had the opportunity to discuss it with the solicitor.

[worriedsick2014]

Hi,

Yes I think he did mention it to them, should he not have?

If we get a solicitor and find evidence to say that he wasn't there would this still go to trial at crown court?

I have to admit having never been involved in anything like this, it's truly awful and I feel for everyone who has been in a similar situation.

[Rights Fighter]

Unfortunately, if you give evidence to the police that would help your case, they will go off to the complainant and tell him, the complainant will then say "Oh goodness me, I am so traumatised I got the dates wrong". However he's told the police. All you can hope is that they don't check with the accuser - they are likely to though.

Your sister's house, was this privately owned or council/housing association? If the latter, there should be records archived going back to that time. Also if he was on the electoral roll at your sister's house then there should be records from that, too. Also if he went to the GP, dentist etc and his address was noted as his sister's address, that's another avenue the sol can go down, should there be a charge.

Some legal aid solicitors are absolutely brilliant and some are rubbish, same as paying privately, you get excellent sols and rubbish ones.

Please don't be tempted to search online for "enquiry agents/private investigators" at this time, especially those who brag about their "successes" and show you 'letters of recommendation'. There are some that will hook him into a contract that he will have difficulty getting out of. Check out the list on the link CH has given. If you don't see recommended sols in your area post up roughly where your dad is (or where any trial would be held - close to the complainants usually or where the alleged offences happened) and I will see if I know of any in that area.

Keep posting.

[frightened spouse]

Don't be too despondent about your dad being charged, one fallout from the media attention you mentioned is that the CPS are pushing cases to trial which would have previously been NFA'd and letting the jury decide on the suitability of the evidence.

Totally agree being charged is not an indication that there is a strong case against your dad, particularly when the accuser is claiming this happened when they were a child.

Also it is interesting that the accuser claims this was an isolated incident, were there other occasions when your father would have been alone with this individual ? Our accuser claimed that she was only ever abused in her bedroom, yet we had evidence of many other occasions when she was alone with my husband such as car journeys, days out etc. that would have been far better opportunities had he really been an abuser which of course he wasn't

How were the other false allegations resolved ? your dad's sol should be able to raise these in his defence.

[worriedsick2014]

Thank you both for your responses. My dad has contacted the solicitor in southport, we are in the north east but the recommendation for the one on the list said it had closed down.

He was not on the electoral roll but he has been to the doctors and dentist to see if he had been during this time, they both said he hadnt and that I think was the last avenue they explored. I don't think my parents know how to fight or what to do and nor do I but I am willing to do everything I can to prove his innocence, which is how I stumble upon this site so thank you.

The first thing I said when my dad told me was if this was true wouldn't you have done it more than once? You just read that's what these people do.

From what my dad has told me so far there seems to be so many holes that I can pick in the story it makes me wonder how it has even got this far.

The worst of it seems to be is remembering what he was doing on a specific date in 1985, I wasn't alive then but that's the hardest part he is struggling with, and of course being accused.

The previous accusation that this person made against him hitting me was investigated by social services (luckily my dad still has paperwork for this) as he took action against them for the way it was handled. This was 17 years ago and I just don't understand why if what he is saying is true now why he didn't say this 17 years ago instead of making up some false accusation about my dad and me.

[Rights Fighter]

Keep posting. In a few days you will be able to send PMs. I'll add you to my contact list.

[myhome]

Hi and welcome to the forum though very sorry to see yet another new member. You've already been given some great advice and have also done a lot of research yourselves too.
One important thing to remember is that you will need support for yourself too. It will be very difficult and draining for you to support your family as you are without having someone to lean on yourself. it might be worth confiding in your GP. several of us have found ours to be very supportive.
keep strong MH

[worriedsick2014]

Thank you for your kind replies you genuinely have no idea how much it means.

I am off to check the electoral roll tomorrow in the hope I can find something my dad has missed.

Not sure if I mentioned earlier but he's made contact via a website enquiry with the solicitor in Southport so we'll give them a call.

I've just found out the accuser lives in the same house and it is two streets away from where my parents live, I just keep thinking if this happened to me and the person who abused me moved in two streets away and I had to pass their house everyday for 28 years (at some point you are bound to see them) I would have moved the day I was of age and able to, they still live at home.

None of this makes any sense and the story just seems to unravel the more you pick at it, I'm hoping a good solicitor will just squash it altogether

[Rights Fighter]

Solicitor Chris doesn't do trials on legal aid, due to the amount of work that he and the QC he uses, puts in. If you are looking for a legal aid solicitor let us know roughly where you are in the UK and maybe a good one can be found. Also check the list posted.