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Husband accused of attempted rape....how do I prove his innocence???
Was your husband arrested by Cypriot police in the UK or in Cyprus? Where was his case originally reported .
Hi my husband was interviewed by police from the North East of England, the Cyprus "incident" was just one allegation, there were many more allegations that abuse took place in the family home back in the UK. My husband can remember at his plea hearing the judge asked the police whether permission had been sought from the Cypriot authorities.
Our case was dropped 2 months before the trial was due to start.
The truth is like a lion. You don't have to defend it. Let it loose. It will defend itself.
"They expanded the law when Gary Glitter was abusing children in Thailand, to incorporate a U.K Citizen who commits a sexual offence abroad will be treated as having committed the offence in the U.K. I recall watching a documentary about this at the time".
Thank you so much for this, this pits my mind a little at rest as I am worried about him having to go abroad even though he still hasn't heard from the police .
Thank you so much for this, this pits my mind a little at rest as I am worried about him having to go abroad even though he still hasn't heard from the police .
Hi Rights Fighter,
Thanks for this. Do you have a solicitor you can recommend in London or surrounding areas?
His website does not include many of his more recent notable cases, as he is not a braggart. I know him personally.
He works on legal aid for trials. and I can personally recommend him. However who you choose is up to you. There are other good solicitors in London who are recommended on the list.
Last edited by Rights Fighter; 27 October 2014, 11:59 PM.
I am new to this site and anything like it as I have never had to do anything like this. We found out 72 hours ago that my husband and partner of over17 years has been accused of attempted rape by a friend of a friend's daughter in another country. She is 21 years old. Although I am hurt, stunned, gutted, angry and an array of emotions I KNOW my husband is innocent of attempted rape.
The friends he was with on that night have also confirmed they do not believe he did this and the girl made advances to him and he wrongly responded to them which he has admitted to and the next day she panicked and cried rape.
I have had a full account from my husband who has fully admitted everything to me and I 100% believe that he is telling the truth and she was consensual to everything in actual fact she suggested most things.
The accusations were made a few weeks ago and a statement was taken from the friends daughter here in the UK, my husbands friends that he was with have had to give statements and were told they could not tell me or my husband what had happened. Finally they asked the police if they could tell us as they did not think this was fair and they agreed. My husband has spoken to a solicitor and he has told him to just wait and not contact the police as his arrest will be imminent and probably by English police as the allegations were made in the UK not in the county the alleged attempted rape too place however the police who took the statements from his friends said he would be arrested by police from the country it happened in...does anyone know what is correct?
Please can someone let me know if they have been through anything similar?
Thank you.
Do not make any statement to the police or anyone else until all the facts are known and what the charges are. Usually people in your husbands position start blabbing because they are innocent. Because your husband told you about the advances by this woman YOU shut up as well! and do not make a police statement.
The police will want your husband to attend the police station for questioning he has the right to have a lawyer present he /she should confirm a no comment interview. When I say no comment that's what I mean, please do not answerer some question and not others be polite NO COMMENT. IN THE MEANTIME START OBTAINING EVIDENCE. Write down everything that can be remembered it sounds as if this allegation was at a specific time/day and there were witnesses could the meeting be on any video or CCTV. If the witnesses confirm she came on to your husband the case will fail so stay calm. Hope this helps.
Do not make any statement to the police or anyone else until all the facts are known and what the charges are. Usually people in your husbands position start blabbing because they are innocent. Because your husband told you about the advances by this woman YOU shut up as well! and do not make a police statement.
The police will want your husband to attend the police station for questioning he has the right to have a lawyer present he /she should confirm a no comment interview. When I say no comment that's what I mean, please do not answerer some question and not others be polite NO COMMENT. IN THE MEANTIME START OBTAINING EVIDENCE. Write down everything that can be remembered it sounds as if this allegation was at a specific time/day and there were witnesses could the meeting be on any video or CCTV. If the witnesses confirm she came on to your husband the case will fail so stay calm. Hope this helps.
Going no comment can actually go against a defendant at trial. Prosecution will insinuate that he has something to hide and the judge may draw an adverse inference when directing the jury during his summing up.
He should discuss the situation with the solicitor after the sol has viewed whatever disclosure there is, before going in for the interview.
If there is no disclosure then it is likely that he will be legally advised to go no comment - which is fine because then no adverse inference should be drawn and it's unlikely pros would insinuate that he was hiding something, as in that situation he would have no idea what the allegations are.
If there is disclosure, it might be better to actually answer the questions. If he can't answer some of them, he can say that he can't remember or doesn't know, whichever is true.
If witnesses confirm that she came on to your husband, that won't automatically make the case fail. If you think about it, somebody can flirt and maybe come on to a man in a bar or wherever, but if they then go off where there are no witnesses, she could regret coming on to him and maybe only want to continue the flirting when the guy wants more.
What is more important, is how she appeared to be AFTER the alleged assault.
Going no comment can actually go against a defendant at trial. Prosecution will insinuate that he has something to hide and the judge may draw an adverse inference when directing the jury during his summing up.
He should discuss the situation with the solicitor after the sol has viewed whatever disclosure there is, before going in for the interview.
If there is no disclosure then it is likely that he will be legally advised to go no comment - which is fine because then no adverse inference should be drawn and it's unlikely pros would insinuate that he was hiding something, as in that situation he would have no idea what the allegations are.
If there is disclosure, it might be better to actually answer the questions. If he can't answer some of them, he can say that he can't remember or doesn't know, whichever is true.
If witnesses confirm that she came on to your husband, that won't automatically make the case fail. If you think about it, somebody can flirt and maybe come on to a man in a bar or wherever, but if they then go off where there are no witnesses, she could regret coming on to him and maybe only want to continue the flirting when the guy wants more.
What is more important, is how she appeared to be AFTER the alleged assault.
So if you have been nicked and the police do want to conduct an interview with you there is a good chance that they don’t have enough evidence at this point to charge you and they are hoping you will either confess all during the taped interview or slip up and incriminate yourself in some way that can be used against you.
You have to give the police your name, address and date of birth. They also have the right to take your fingerprints, photo and non-intimate body samples. The Criminal Justice and Public Order Act 1994 has now removed the traditional “right to silence”. However, all this means is that the police/prosecution can point out your refusal to speak to them, when the case comes to court, and the court may take this as evidence of your guilt. The police cannot force you to speak or to give a statement, whatever they may say to you in the station. Refusing to speak cannot be used to convict you by itself. It’s yet to be seen how the police will use this change in the law, but I reckon the best policy if you want to get off is remain silent. The best place to work out a good defence is afterwards, with your solicitor or witnesses, not under pressure in the hands of the cops. If your refusal to speak comes up in court, the best defence I think is to refuse to speak until your solicitor gets there, then get them to agree to your position. You can then say you acted on legal advice. Keeping silent is still the best thing to do in police custody.
So if you have been nicked and the police do want to conduct an interview with you there is a good chance that they don’t have enough evidence at this point to charge you and they are hoping you will either confess all during the taped interview or slip up and incriminate yourself in some way that can be used against you.
You have to give the police your name, address and date of birth. They also have the right to take your fingerprints, photo and non-intimate body samples. The Criminal Justice and Public Order Act 1994 has now removed the traditional “right to silence”.
However, all this means is that the police/prosecution can point out your refusal to speak to them, when the case comes to court, and the court may take this as evidence of your guilt. The police cannot force you to speak or to give a statement, whatever they may say to you in the station.
Refusing to speak cannot be used to convict you by itself.
It’s yet to be seen how the police will use this change in the law, but I reckon the best policy if you want to get off is remain silent. The best place to work out a good defence is afterwards, with your solicitor or witnesses, not under pressure in the hands of the cops.
If your refusal to speak comes up in court, the best defence I think is to refuse to speak until your solicitor gets there, then get them to agree to your position. You can then say you acted on legal advice. Keeping silent is still the best thing to do in police custody.
"Refusing to speak cannot be used to convict you by itself". True. But a jury faced with somebody who refuses to answer questions could use this against the defendant when so directed (and even without such direction).
"...if you want to get of" - an innocent person does not want to 'get off' s/he wants to prove her/his innocence.
Do not make any statement to the police or anyone else until all the facts are known and what the charges are. Usually people in your husbands position start blabbing because they are innocent. Because your husband told you about the advances by this woman YOU shut up as well! and do not make a police statement.
The police will want your husband to attend the police station for questioning he has the right to have a lawyer present he /she should confirm a no comment interview. When I say no comment that's what I mean, please do not answerer some question and not others be polite NO COMMENT. IN THE MEANTIME START OBTAINING EVIDENCE. Write down everything that can be remembered it sounds as if this allegation was at a specific time/day and there were witnesses could the meeting be on any video or CCTV. If the witnesses confirm she came on to your husband the case will fail so stay calm. Hope this helps.
Hi,
Thanks for your message.
He has not yet been arrested, the only reason we know about the allegations is because the two friends my husband was with abroad where the alleged attempted rape took place were contacted by the police officer investigating the case for statements however they were told that they could not speak to my husband or myself. Eventually two weeks later they asked the police of they could tell him and myself as they are friends of ours and the police said if the woman's (the person who made the allegations) father agreed it was ok so that's how we know however my husband has heard nothing from any police so we only know what his friends have told us which is that the allegations are of attemoted rape in a hotel room that the woman suggested they go to. We believe the woman was pushed into what she told the police by her father who is a friend of a friend of my husbands.
So you are saying I should refuse to make a statement?
We have contacted the club they were in before they left for the beach with no reply about CCTV and we have also contacted the hitel for CCTV and they say have said they record over the tapes after 48 hours so there is no CCTV at the moment.
There are no witnesses to confirm she came onto my husband as this started on departure from the club when they were alone. The woman suggested they go to the beach and then suggested they find a hotel, all of this was when they were alone.
We are In limbo as we still have not heard from the police over three weeks on from when it was reported (which was two weeks after the night they met) and now we have known for a week and still are no further forward.
You can make a statement (possibly with the help the duty or another solicitor) setting out your support. As you were not present (as I understand it) you are not a material witness so no need for you to make any statement in any event.
"Refusing to speak cannot be used to convict you by itself". True. But a jury faced with somebody who refuses to answer questions could use this against the defendant when so directed (and even without such direction).
"...if you want to get of" - an innocent person does not want to 'get off' s/he wants to prove her/his innocence.
There was no "after the assault" as they went to sleep (there was no intercourse) and everything that happened was consensual, they were both woken by a text on her phone after which they discussed their story as they both knew the friends they were with earlier in the evening the night before. My husband kissed her and said "I must go back to them at the apartment" were him and the two friends were staying and that's the last He saw or heard of her until We were told of these allegations nearly 4. Weeks later?
There was no "after the assault" as they went to sleep (there was no intercourse) and everything that happened was consensual, they were both woken by a text on her phone after which they discussed their story as they both knew the friends they were with earlier in the evening the night before. My husband kissed her and said "I must go back to them at the apartment" were him and the two friends were staying and that's the last He saw or heard of her until We were told of these allegations nearly 4. Weeks later?
Kim
I am not saying there was an assault. That was purely hypothetical in answer to the other person commenting
In your (and similar cases) case, evidence of the demeanour of the complainant after an alleged assault can be important. For instance, if the complainant is seen or heard crying and sobbing after the alleged assault that would support her allegation. If the complainant is seen behaving normally after an alleged traumatic assault that would not support her account, is what I am attempting to say, in my usual clumsy way
Hi Kim
You are receiving many helpful replies some not so helpful. You have to consider this. If your husband is asked to make a Police Statement he will be asked to answer what is clearly a false allegation. If he agrees to make such a statement he will be asked did such and such happen all he can say is no that did not happen. Did you spend the night with her? his answer yes!. The police will then try and establish that the offence did occur, was she drunk was you drunk etc. this puts any defendant under pressure, and confusion. Explanations can be confusing causing inaccurate answers. Once any statement is made it is recorded by audio or video. This may be played in court.
Making a 'no comment' interview may be your only chance at receiving a not guilty verdict. It allows you the chance to make a defence via a 'Defence Statement' it also avoids police corruption and difficult answers to the false allegations that you are suddenly subjected too. You may say something in complete innocence that can be construed differently. Your lawyer may advise you make a written statement which he/she will hand over to the cops. This will say something to the effect 'that you deny the allegation'. Any lawyer worth his salt will advise a 'no comment' response to the questions asked of you. This allows you to sit down and go through her statement in a much calmer way. Picking out any discrepancies. Your lawyer will question your 'witnesses' establishing the facts. If you do your homework in this matter (find out if she has made previous false allegations) you may come up with something in your favour. Of course it is your decision and you must think carefully about how to handle this matter. Lastly if you have selected a solicitor from the Yellow Pages or picked one from the High Street get rid of him unless he/she knows what they are doing.
You will see that one particular answer to my posting was "...if you want to get of" - an innocent person does not want to 'get off' s/he wants to prove her/his innocence." Note I did not say 'get away with it!' proving innocence in sex case is very difficult the 2003 Sexual Offence act and subsequent updates confirm this. That's why there are hundreds of innocent men in prisons around the world.
I've been working in the field of false allegations wince 2002. I reviewed many appeals (also done a lot of pre trial work) for various solicitors and barristers. I am not coming from the view point of somebody who has no idea what they are talking about.
I am currently working on two appeals where the suspect went no comment. Having read trial transcripts I can see that the decision went very much against them.
I am not advising the OP to go no comment or not to go no comment. The only person who cam judge whether they should is the duty solicitor.
Hi Kim.
It might not feel like it but in having a pre-warning that your husband is going to be questioned over this puts him in a better position than someone just getting a knock on the door. You now have time to find and speak to a solicitor who will have experience of these kind of cases and will be able to advise on the best stance to take.
I can only write as someone who's family member got the knock on the door and ended up with a solicitor who was not the best, so couldn't express enough how important it is to get a good one.
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