4 Charges - Digtal Penetration, attempted rape, false imprisonment & assault

[wronglyindicted]

5 weeks ago I was arrested & held in custody for 12 hours during which I was interviewed & formally charged on 4 counts:-
Digital penetration
attempted rape
false imprisonment
and assault of an adult female.

The malicious allegations are absolutely absurd and as a result the police/forensics gained entry into my property whilst I was in custody and seized my PC hard drive, camera, SD memory cards, a laptop & 3 cellphones.

I was never given a receipt for the items the police have taken & notified my legal aid solicitor, they have contacted the investigating office twice but to no avail.

I was released & bailed shortly after being interviewed with the solicitor present and am due to return in 2 weeks to the police station.

The lady in question who made these false allegations basically in short was hired as a model through a reputable online independent casting resource and so came to the photo shoot willingly to which they will have all of the inbox correspondence between the model & I...All of which was strictly professional. However, during the course of the photo shoot the model became very intoxicated & emotionally unstable and towards the end became quite difficult..... From my understanding she called the police herself whilst at my studio...the police arrived & I explained what had happened & they took her off to the train station & no further action was taken, the police could see she was highly intoxicated, incoherent & making a nuisance of herself.

I lodged a formal email complaint that same day to the online casting agent about her disturbing behavior and raised my concerns.
She countered my complaint the next day by saying I made her pose in a way that wasn't agreed upon & that I offered the alcohol to her at the photo shoot, absolutely no mention of allegations of rape,assault & false imprisonment.

Then 2 months later the police come beating down my door to my absolute shock & horror & I was arrested.


There were no independent witnesses present on the day of the photo shoot, no incriminating evidence relating to this matter on my items seized by the police but I have candid video evidence of her being intoxicated crying & emotional saying she had a good time & enjoyed herself and my voice asking her nicely to get changed so she could catch the train. The police never seized the photo shoot footage which I have.


I have a legal aid solicitor at the moment which was appointed to me when arrested.

Do I need a specialist solicitor to fight my case? Or do I wait for my bail hearing in two weeks time?

After the interview (off record) My solicitor jokingly quipped to the investigating officer "I can't see this going anywhere" & the investigating officer replied "Me neither, I don't blame him for being pissed off at being arrested"

What should I do?

I would appreciate any help.

Thanks

[wronglyindicted]

any advice?

Any help or advice?

[Unhappy]

Hi

I would not be to worried about your situation.

The police and CPS will probably press charges, but unless they have some medical, DNA, CCTV, forensics evidence, witnesses or you have previous sex crimes convictions they will have a very difficult time conniving the jury that you attempted to rape the victim.

The jury only needs only one piece of evidence to convict you of rape, but the police and CPS will still try to convict you without any evidence or witnesses.

The police have recently reported a 29% increase in recent rape allegations as opposed to historic rape as women feel more confidential that their allegations will be taken seriously.

I know from my own rape trial the police and CPS will greatly exaggerate the victims allegations in an attempt to make you panic and confess that you did the alleged crimes.

I was charged with 5 counts of rape against my ex-wife and was told by my barrister that I would be sent to prison for 38 years if found guilty,

But none of the 6 witnesses called to give evidence at my 15 day trail accused me of raping my ex-wife and I was found not guilty.

So do not panic and do not trust the police and CPS they are not interested in the truth but only increasing the increasing the low rape conviction rate in the UK.

[whatsgoingon?]

Hi - welcome to the forum- sorry you find yourself in this mess.

5 weeks ago I was arrested & held in custody for 12 hours during which I was interviewed & formally charged on 4 counts:-
Digital penetration
attempted rape
false imprisonment
and assault of an adult female.

12 hours custody seems to be standard. Being charged at the time of interview was probably very alarming but makes the whole process less drawn -out and at least you know where it's heading.



The malicious allegations are absolutely absurd and as a result the police/forensics gained entry into my property whilst I was in custody and seized my PC hard drive, camera, SD memory cards, a laptop & 3 cellphones.

Again, this is standard. Have you got everything backed up? Unless anything is going to be used against you, you should get these back before the trial, but this isn't necessarily so.

I was never given a receipt for the items the police have taken & notified my legal aid solicitor, they have contacted the investigating office twice but to no avail.
You would expect to, wouldn't you? We didn't either.

I was released & bailed shortly after being interviewed with the solicitor present and am due to return in 2 weeks to the police station.

This'll be to tell you what's going to happen next and when. If the CPS really want to pursue this and since you have been charged, the next step will be that you'll be required to attend Magistrate's court for identification and to hear your plea.

The lady in question who made these false allegations basically in short was hired as a model through a reputable online independent casting resource and so came to the photo shoot willingly to which they will have all of the inbox correspondence between....
Good

I lodged a formal email complaint that same day to the online casting agent about her disturbing behavior and raised my concerns.
Sounds good to me, even if it did get an extreme reaction

There were no independent witnesses present on the day of the photo shoot, no incriminating evidence relating to this matter on my items seized by the police but I have candid video evidence of her being intoxicated crying & emotional saying she had a good time & enjoyed herself and my voice asking her nicely to get changed so she could catch the train. The police never seized the photo shoot footage which I have.

It's often the case that it's one person's word against another and people even get convicted on that basis. Keep this footage and whatever else you have, make a copy where it is safe - I think the overwhelming advice on here would be don't give it to the police . Inform your solicitor of it . This could be part of your defence.


I have a legal aid solicitor at the moment which was appointed to me when arrested.
Good - do you know hi/her credentials? Do you have faith in them?


Do I need a specialist solicitor to fight my case? Or do I wait for my bail hearing in two weeks time?
Solicitors,legal aid and private come in all shapes and sizes - you definitely need to contact a specialist solicitor who has proven experience. There is a thread under 'general information ' 'specialist solicitors'. Some work with legal aid if you're entitled to it. You should make a request for legal aid whether you think you're entitled to it or not.

After the interview (off record) My solicitor jokingly quipped to the investigating officer "I can't see this going anywhere" & the investigating officer replied "Me neither, I don't blame him for being pissed off at being arrested"
I wouldn't pay too much heed of that. Take things in a bit a time but stick to facts.

What should I do?
Get in touch with a specialist solicitor asap. Try to gather any evidence in your defence .Try and carry out a normal life as possible, remain as level headed as you can.

I would appreciate any help.

Keep posting - best of luck

[lawlessone2009]

Out of interest, and I may have missed the detail, is this in Scotland?

[lawlessone2009]

PS: I've edited the thread title.

Being 'charged' is different from an 'Indictment'.

The Indictment is a document which is served by the courts laying out the exact charges that you are to answer.

The Police 'charging' you means that they are basically formally giving you notice of an accusation(s).

[wronglyindicted]

England

PS: I've edited the thread title.

Being 'charged' is different from an 'Indictment'.

The Indictment is a document which is served by the courts laying out the exact charges that you are to answer.

The Police 'charging' you means that they are basically formally giving you notice of an accusation(s).

My bad, lol

Yes this happening in England

[Rights Fighter]

PS: I've edited the thread title.

Being 'charged' is different from an 'Indictment'.

The Indictment is a document which is served by the courts laying out the exact charges that you are to answer.

The Police 'charging' you means that they are basically formally giving you notice of an accusation(s).

Very true. Also you have not be 'wrongly indicted' as per your username as you've not been charged (not to criticise your username, just to let others know that there is a difference between being indicted/charged and being bailed.

You won't get legal aid unless you are charged so if you wanted advice from a specialist solicitor now, you may well have to pay for it. I would hold fire until a decision is made by the CPS. I would think that it would be some time before they do make a decision and it would be a waste of money paying up now, if you are NFA'd later.

[wronglyindicted]

charged

Very true. Also you have not be 'wrongly indicted' as per your username as you've not been charged (not to criticise your username, just to let others know that there is a difference between being indicted/charged and being bailed.

You won't get legal aid unless you are charged so if you wanted advice from a specialist solicitor now, you may well have to pay for it. I would hold fire until a decision is made by the CPS. I would think that it would be some time before they do make a decision and it would be a waste of money paying up now, if you are NFA'd later.

I did say I had been charged on 4 counts.... A username is just a username

"4 Charges - Digtal Penetration, attempted rape, false imprisonment & assault

5 weeks ago I was arrested & held in custody for 12 hours during which I was interviewed & formally charged on 4 counts:-
Digital penetration
attempted rape
false imprisonment
and assault of an adult female."

[Casehardened]

Apologies for the confusion regarding the charges laid against you; you made this quite clear in your first post but in the forum's defence I should say that new members quite often say they have been 'charged' when they actually mean that they have been 'arrested on suspicion of' when the allegations are read out to them; also it is fairly unusual for folks here to be charged immediately without bail for further investigation.

I am afraid that this latter means that the police feel that they have a good case against you as the 'further investigation' is usually to seek more evidence to bolster up a weak one, so to answer your original query, yes you should now be represented by a solicitor with experience in defending false sexual assault allegations.

This isn't to say that the firm that attended the police interview is unsuitable, check their website for their speciality, however there are some member's recommendations in this thread:

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

Some firms will take on legal aided cases and others will only work on privately funded cases. As you have been charged a solicitor can now apply for legal aid on your behalf; indeed even if you intend to privately fund, it is a good idea to do this as you may be able to reclaim a portion of your cost after an aquittal.

[Rights Fighter]

My apologies. I missed the being charged bit. Rather unusual to be charged right at the first interview. Yes you will need a specialist solicitor. Check out the link provided by CH

[wronglyindicted]

update

My apologies. I missed the being charged bit. Rather unusual to be charged right at the first interview. Yes you will need a specialist solicitor. Check out the link provided by CH

It seems in all the turmoil that has happened & the shock of being falsely accused & arrested etc,etc.... It turns out that I haven't as yet been charged, For some reason I assumed I had been...I thought I heard that during the interview.

So as it stands I have to return to the police station in 2 weeks time as I'm currently on bail....I'm supposing whilst they try to collect evidence & sift through my seized possessions.

Thank you for all your advice I appreciate it sincerely.

So I guess the best thing to do is wait until my bail appointment in 2 weeks time to see if any happens, right?

Any advice is much appreciated.

[Rights Fighter]

It's an easy mistake to make. No doubt your head was all over the place after being faced with allegations of abuse. All you can do is to wait it out unless you can find a way of gathering evidence.

[wronglyindicted]

Lawyer

It's an easy mistake to make. No doubt your head was all over the place after being faced with allegations of abuse. All you can do is to wait it out unless you can find a way of gathering evidence.

I contacted Gerry's office & was told a consultation fee is £350 + vat..... So i guess it's not worth doing unless I'm charged, right?

[Rights Fighter]

That's right. I think that Gerry was getting fed up with people who had not been charged, ringing his mobile at all hours and leaving messages, expecting him to drop everything and get back to them immediately. People can only have their good nature abused for so long.

If you are charged, and if you are eligible for legal aid, then you could contact him to ask if he will represent you on legal aid, if he is in your area.