any advice please

[solongago]

Hi. I'm a guy, late 40's, young children. A woman has posted on fb, that myself, and 4 others, raped her.These claims are false, and one of the accused is dead. I have had no contact with this woman since I was 11 or 12 yrs old. She has a history of mental health problems, and threatening behaviour.

No one on fb believes her.

Should I contact the police to complain? My worry is that she'll say its true, and open a huge can of worms. It would seem reading some of these threads that the police are very much on the side of the accuser.

I have done nothing wrong, and a week before Christmas, really don't know what to do for the best.

My sister has already received nasty comments in the street. Is it worth me complaining?

Any advice would be helpful.

[Casehardened]

Should I contact the police to complain? My worry is that she'll say its true, and open a huge can of worms. It would seem reading some of these threads that the police are very much on the side of the accuser.

Any advice would be helpful.

You are quite right in what you surmise; if you report this to the police their procedures will be exactly the same as if she reports it in that she will be interviewed.

You are probably a better judge as to what she will say but if she then persists with the accusation you will undoubtedly also be interviewed with all the ramifications that this will entails.

Galling as it is, the best thing is not to respond to her in any way and do nothing to antagonise her, no harm though in politely refuting the allegation to those who know you personally.

[soulbug]

If this person is accusing you of a criminal act , when you was below the age of 14 (10-14) from a date before mid 1988 , a legal doctrine called "Doli Incapax" would be very very important to your case.

Here is a link to one of my past posts.

http://www.daftmoo.org.uk/mooforum/s...pax&highlight=

I was falsely accused based on a allegation from 1983ish i would of been around 11-12 years old, regardlessly of me going not gulity , before the matter could be taken to trial the CPS had to rebutt Doli Incapax....

Please be aware , if anyone tells you ( subject to this case been before pre mid 1988 and you been under the age of 14) that Doli Incapax does not apply (yes it can be applied retrospectively), then Please do not listen to them they are incorrect , make sure your solicitor and Barrister of choice (if indeed needed) have experince with Doli incapax , lots of good reccomendations on here for people that can help.

I was also advised base on my allegation been around 25 years old when i was questioned by the police , the duty solicitor advised me to go "No comment" , my barrister who is a Q.C ,when i first spoke with her with regards to my case , she said , based on the allegation been so old , she would of gone no comment to !

The police threw lots of questions and allegations at me , asking me questions , that i later realised where designed to help them rebutt doli incapax , such as "You knew what you was doing was wrong , did'nt you?" due to my legal advice , even though i wanted to deny all allegations at the time , my reply was "No comment" to each and every questions , other than to confirm my name and date of birth.

If people do not believe the allegations the person is making against and you did nothing wrong , then let sleeping dogs lie , not sure if my spelling is correct with the lie part....but i guess it is fraudulent slip if nothing else !!

Please read up about Doli Incapax , if your age and dates fall within that past law , then read up , as the CPS will first have to rebutt that , The judge threw my case out and said it would be impossible to ask me questions and to guide the jury on how a person over 25 years ago may of been thinking or thought about things considering the maturity of a persons mind some 25 years later, My case was considered as a "abuse of process" and thrown out , all my costs awarded and the case sealed with a "permanent stay", never to be opened again .

Make sure if you end up in a situation where the police are going to question you , You must ask for a Duty solicitor 100 %

[Rights Fighter]

Just to add my two penn'orth - do NOT go to the police with these allegations. They would then go to the complainant who would then make them official.........

[thisisinsane]

It is good you have come to this forum before **** hit the fan. Hiw do you kniw no one believes her? If they say so in the comments take Screenshots and store them in a safe place, eg multiple copies or cloud copies as the police will probably seize your electronic devices should things ever become official. You have to understand that this is a dangerous sitiatikn you find yourself in and do not do anything to escalate the situation. Sadly you as most men who are being falsely accused are in a lose lose situation as you will probably never be able to prove your innocence.

[Rights Fighter]

Evidence of people saying they do not believe the allegations on FB or in other other social media, cannot be put to the jury unless those saying it are prepared to attend court and explain to the jury why they do not believe them.

The reasons cannot be "I've known him years and he wouldn't do such a thing" as that would only be character evidence.

If they know about previous (provably) false allegations being made by the complainant, then that might be allowed in, providing the judge allows it. That sort of evidence has to be put to the judge in an application prior to the trial (or on rare occasions, during). Crown may well argue against it.

[thisisinsane]

The reason i suggest a screenshot is not to put it as evidence as you say it is rather a character reference if anything at all. But it does give you a starting point for enquiries about the alleged victim since you obviously had no contact with her for a long time. The problem is if you dont know anything about the victim it makes it extra hard to defend yourself as you have no idea why she would do such a thing, unless its money but even that isnt always the reason they do it.