Friend falsely accused, but not arrested - next steps?

[Concerned friend1]

Hi all

I'd appreciate some help and / or advice. A friend has been accused of rape (consensual sex occurred on a one night stand, which she's now claiming was not consensual). The night on question was over a year ago, and it appears the complaint wasn't made until 9 months or so later.

My friend was recently phoned by police, informed an allegation of rape had been made against him, and asked to come into the station for an interview the next day. He organised a solicitor and did so, where he was interviewed for less than 45 minutes, and his phone was taken. However he wasn't put into a cell and as far as I know wasn't arrested - could this be possible, or is it more likely he was arrested and bailed (but he doesn't realise this, or didn't mention this to me)?
He was informed they will now re-interview the complainant in light of the information he has provided.

The accusation is ridiculous really (they went shopping and for lunch the next day, which I believe the accuser admitted in her statement) and according to the solicitor the police seemed to be "going through the motions" (particularly as the interview was so short).

Does anyone have any thoughts on what are the likely next steps?
If my friend wasn't arrested, could this be dropped by the police without even a NFA?
As many of you know from bitter experience, he is extremely stressed about this situation - I'm worried about the effect this will have on his personal and professional life, and hoping this could all be sorted soon. Is this definitely going to drag on for months, or even year?at what stage will he likely get his phone back?

I appreciate any and all advice, and may be able to provide more information if requested - although I'm a little worried about disclosing to much information etc

[Casehardened]

Hi and welcome to the forum,

One of the reasons for being arrested (and then usually bailed) is so that DNA samples, fingerprints, and photos can be taken; as this is a historic allegation and (presumably) your friend agreed that intercourse took place the police may have felt that this wasn't necessary.

If your friend had been bailed he would have been asked to sign a bail sheet and he would have been given a copy.

A more prosaic reason for not being bailed is that the police are getting a lot of flak for long bail periods before a decision is made so an easy work-around for less serious cases (those not involving minors and where consent is an issue) is to not arrest but deal with it by means of a voluntary interview.

The downside, as you have appreciated, is that the process may not have a definite closure though sometimes the OIC will phone the solicitor out of courtesy.

The following link really applies where the accused is on bail, nevertheless he might find it helpful:

http://www.daftmoo.org.uk/mooforum/s...at-happens-now

[Concerned friend1]

Firstly, thank you for the reply CH, it's much appreciated. I'm still getting up to speed with the recent threads but definitely intend to offer support to others here too, it's great to know everyone isn't going through this alone.

Yes he admitted intercourse took place.I think I understand - so the fact he hasn't been arrested doesn't necessarily indicate a charge is less likely, and could well be because the police felt they don't need to.

Given the lower priority for adult consent cases, how long might it take before the police decide whether to make an arrest and send the case to the CPS for consideration? And if they conclude it's not worth pursuing, surely they would then give him his phone back?

And in cases where he admits intercourse but she claims it was no consensual, but it's a historic allegation and there is no evidence either way, what factors would the police consider most important in deciding whether to send to CPS or not?

[Concerned friend1]

Apologies for all the questions, but I've one more - my friend works in the public sector, in a role that requires a CRB check (or DBS, I think they're called now) as he works with children on a daily basis - if he is arrested and bailed (but not yet charged), would his employers be informed and likely to take action?
Similarly, if he's charged would be be bailed and allowed work, bailed but not allowed work with children, or remanded into custody?
Thanks - I realise that's actually two questions!

[Casehardened]

And if they conclude it's not worth pursuing, surely they would then give him his phone back?

Yes of course, forgot about this, however if there is nothing on the phone to prove or disprove the allegation, he should get it back anyway *fairly* quickly no matter how the case is disposed of.

And in cases where he admits intercourse but she claims it was no consensual, but it's a historic allegation and there is no evidence either way, what factors would the police consider most important in deciding whether to send to CPS or not?

The police will usually involve the CPS in the decision making process, even if just by a phone call, especially if this decision is not to proceed *provided* it is possible that the allegation could have occurred i.e. the accused doesn't have a cast iron alibi. The CPS *should* work on the 51% likelihood of getting a conviction in deciding whether to charge

Apologies for all the questions, but I've one more - my friend works in the public sector, in a role that requires a CRB check (or DBS, I think they're called now) as he works with children on a daily basis - if he is arrested and bailed (but not yet charged), would his employers be informed and likely to take action?
Similarly, if he's charged would be be bailed and allowed work, bailed but not allowed work with children, or remanded into custody?
Thanks - I realise that's actually two questions!

I'm not sure about DBS procedures, hopefully someone else will be along with better advice but I think the system is more applicable to someone applying for a job rather than someone already in post.

As the allegation doesn't involve minors there is no need for the police to inform his employers at the moment, but again I'm not sure if they would need to do this were he to be charged.

[Concerned friend1]

Thanks case hardened. If (worst case scenario) the OIC, in consultation with the CPS, think they'll get a conviction would there definitely be an arrest (and likely bail) with a significant period before the CPS formally charge him, or is it possible he could hear nothing further for quite a while and then suddenly be arrested and charged together?

I'd like to be able to reassure him that while I think they will conclude the investigation without ever arresting him, if this does proceed any further he won't suddenly be arrested, charged in one go - that instead he'd likely be arrested and bailed, and face a longish wait for the CPS to decide whether to formally charge him or not, giving him time to get the terms with the possibility of having to go to court.

[Rights Fighter]

Hi all

..............................

The accusation is ridiculous really (they went shopping and for lunch the next day, which I believe the accuser admitted in her statement) and according to the solicitor the police seemed to be "going through the motions" (particularly as the interview was so short). ......................

She went shopping and for lunch with her assailant the day after the alleged rape? As you would.......

Is she short of money and hoping for a payout, maybe?

Re ECRB/DBS some find the allegation on their records and some don't. Usually depends on the Chief Constable in the area.

Being arrested and bailed or not, really is no indication of whether there will be a charge, or not. Hopefully this is sorted out soon for your friend. The wait can be agonising......

[Casehardened]

Thanks case hardened. If (worst case scenario) the OIC, in consultation with the CPS, think they'll get a conviction would there definitely be an arrest (and likely bail) with a significant period before the CPS formally charge him, or is it possible he could hear nothing further for quite a while and then suddenly be arrested and charged together?

Just to complicate matters further there is alternative route to trial not involving arrest/bail and that is by summons; he could look this up on the web but basically it is a letter giving a court date so can be used in conjunction with a previous voluntary interview.

It is difficult to advise folks without being overly pessimistic or optimistic, perhaps the best thing is to remind him of the positive aspects but advise him to be prepared for the worst outcome and use the waiting time to work out a robust defence.

[Rights Fighter]

I may be wrong, but I think that a summons is used only in either way offences - can be tried in magistrates or Crown, especially if the allegations are contested.