Please Advise. Uncertain & Decisions to be Made

[IAintGoingDown]

Hi all,
My situation
I am on pre charge bail, due to go back in 10 weeks, pending CPS deciding whether to charge. I was accused of rape.
The Incident
I was on a night out with friends and ended up getting drunk at a few bars, my memory of the night is nearly zero... I dont recall being in the final bar, the taxi journey, or payong for the hotel. I do remember passionate consentual sex with a girl i met outside the club, her scratching my back during orgasm, then i wake up early morning, her on the phone to her brother in a state, next thing i know im arrested and in a cell. None of my friends saw me leave as i was outside and can see from phone records i was trying to call them.
The Interview
The girl gave her statement saying that she was looking for a friend, and apparantly i said id take her to her friend, then she said she got naked in the bed and full penetrative sex was had without consent. Then she said i went to get food and she called her brother, this didnt happen,she called when i was there. She said she was drunk also.
My solicitor advised me that if i say i cant remember, then they will fill in the gaps with her story, so i should fill in as much as i can. I did so on certain assumptions that have matched up so far i.e meeting outside, getting a taxi, and paying for a room. I didnt say that i could hardly remember anything
Next
My solicitor says he thinks it wont go to court but cant say for certain.
Police were kind, gave me my phone, no bail conditions and a lift home which the solicitor says is a good sign.

• Im worried some cctv like kissing in the taxi may not match up,thats what i assume happened but cannot say for certain.
  Im obviouslt certain its a false allegation as it was consentual, although she may have woken up and forgotten how we got there and been shocked.
  Im hoping that a taxi driver and concierge wouldn't let a guy take a girl who was passed out.
  Scratch marks prove she was awake and obviously theres no injuries to her so no sign of struggle.

Questions
Will i find out if im being charged before i return for bail?
If they charge me at bail, will i be remanded?
I cannot face court or jail for an injustice and may consider fleeing to a non extradition country, im willing to start again, sending letters to loved ones telling them the situation. - nobody knows anything at the moment.
A very worried stand up guy whos been in no trouble before. - I know one night stands are sleazy, but they dont deserve this torment.

[IAintGoingDown]

Review

Mods
If ive posted too specific detail here, please remove that detail.
Thanks.

[Casehardened]

Hi and welcome to the forum,

More than a few members have reported very similar situations to your own, in fact this sort of accusation could quite well be entitled 'post-coital regret syndrome' and is usually triggered by fear of recriminations from boyfriend/parents/family. (*delete as appropriate!)

Have a look at this link as it might answer some of your questions: http://www.daftmoo.org.uk/mooforum/s...at-happens-now

(Incidentally not answering bail is an offence in it's own right and any trial might well be held in your absence without you present to give your side of the story)

In your case it would seem that CCTV at the club, in the taxi, and at the hotel is crucial to confirming that the encounter was consensual, the latter would be probably easier for you to obtain (a member was recently NFA'd because CCTV showed him and his accuser shopping together prior to going to the hotel!)

[IAintGoingDown]

Thank you for the info.
The CCTV footage, is this something only the police can get or can i get it?

[Casehardened]

Thank you for the info.
The CCTV footage, is this something only the police can get or can i get it?

You can always ask but I suspect that the hotel, taxi firm, club, wouldn't give it to a member of the public (data protection act?) but probably would hand a copy over if your solicitor officially requested the footage.

The police of course wouldn't have any such problem getting hold of the CDs but (a) it wouldn't be 100% certain that it will be passed on to your solicitor and (b) if it is going to show that you are in the right they might not even bother.

[IAintGoingDown]

Okay, I'll get in contact with my solicitor to get hold of the tapes.

I'm anxious to see what actually happened myself, not being able to recall is so frustrating!

I expect we chatted outside the club, got in a taxi - kissed, checked into a hotel together. Theres obviously no way I carried her all that way (worst case scenario) - 1. probably impossible in my state. 2. Someone would have stopped us.

If it is just footage of 2 innocently passionate lusting people getting a hotel, do you think that will make the CPS think theres no case for non consentual?

[Casehardened]

If it is just footage of 2 innocently passionate lusting people getting a hotel, do you think that will make the CPS think theres no case for non consentual?

Playing Devil's Advocate, it is quite in order for a girl to encourage you up to the room, get in bed with you, and at the last minute say "No, I've changed my mind" and if you don't immediately stop then make a rape allegation

Obviously what the normal sensible jury would make of this is quite another matter which is why the CCTV footage showing that you weren't dragging her upstairs is useful.

[IAintGoingDown]

Research

I read a report today from the moj that said drunk accusers were less likely to have their cases taken to trial. Also it said that having met the defendant with the last 24 hours tended to have a lower charge rate than historical accusations by known friends. Naturally each case has its merits but statistically this bodes well.

I'm hoping this holds true and the cps / police realise it's just a regretted one night stand.

People who have been in this situation and have moved on will likely not be posting here anymore so I don't expect a confirmation, but I think this gives me hope. Can't wait to get the all clear.

I was doing pretty well before this so I'm not going to let it affect my persona even if it does go to court, just about of bad luck.

[Casehardened]

I read a report today from the moj that said drunk accusers were less likely to have their cases taken to trial. Also it said that having met the defendant with the last 24 hours tended to have a lower charge rate than historical accusations by known friends. Naturally each case has its merits but statistically this bodes well.

I'm hoping this holds true and the cps / police realise it's just a regretted one night stand.

People who have been in this situation and have moved on will likely not be posting here anymore so I don't expect a confirmation, but I think this gives me hope. Can't wait to get the all clear.

I was doing pretty well before this so I'm not going to let it affect my persona even if it does go to court, just about of bad luck.

Having read quite a few member's accounts over the years I agree with your conclusions, many similar situations to yours end in an NFA simply because the accuser cannot be considered a reliable witness due to incapacity through too much alcohol.

As you rightly say, folks do usually move on, but their stories are still documented in the back pages of the forum.