Accused by ex wife

[max345]

Hi, I am going through absolute hell at the moment. I'm in the middle of a bitter divorce and my crazy ex has made allegations to the police going back several years of historic rape. She made a statement a few days ago and I'm just waiting for the knock on the door! This is the most horrific experience of my life. It is affecting everyone. I have spoke with several solicitors and they are all recommending me say the same thing "no comment" I really want to get my version of events across as I have evidence that she has been harassing me and is clearly doing this out of revenge. What should I say at the interview? I am in need of urgent advice.

[max345]

Forgot to say, I am in Scotland

[Rights Fighter]

Use a solicitor when you are interviewed. Going no comment is not always the best policy as it can go against you at trial should you be charged. Take advice from the duty sol.

Under the thread "useful information" you will find a sub forum relating to Scots law

[max345]

Use a solicitor when you are interviewed. Going no comment is not always the best policy as it can go against you at trial should you be charged. Take advice from the duty sol.

Under the thread "useful information" you will find a sub forum relating to Scots law

Thanks, I just dont know what to do as every solicitor that I have spoke with in Scotland has told me to say "no comment" during the full interview.
I have clear evidence against this woman. Should I produce this to the Police or wait to see what happens and if I end up charged then produce it as my defence. This is a complete mess. How can woman get away with making false allegations like this. I want her to be charged for the hell that she has caused to me and my family

[Rights Fighter]

If you give evidence to the police that would exonerate you it is likely they will go back to the accuser, who will say they "got it wrong".

I am aware that the words of the caution go along the lines of "anything you do not say may be used against you".

in the same way a lying accuser can say "I got it wrong due to the trauma of the interview" you can say exactly the same thing during cross examination, should this go to trial.

[max345]

If you give evidence to the police that would exonerate you it is likely they will go back to the accuser, who will say they "got it wrong".

I am aware that the words of the caution go along the lines of "anything you do not say may be used against you".

in the same way a lying accuser can say "I got it wrong due to the trauma of the interview" you can say exactly the same thing during cross examination, should this go to trial.

Thanks, the Scottish caution is different "you are not obliged to say anything, but anything you do say, may be used in evidence"
I just dont know what to do. This is pure wickedness on her part and makes a mockery about genuine victims of rape.
In Scotland Cooberation is required for a conviction. I think that is why solicitors recommend saying "no comment" to every question.
Surely this wont proceed if she is making false claims like this with no cooberating evidence?

[Rights Fighter]

I'm on my iPad so didn't put the whole English caution in but wanted to explain that you are also cautioned about stuff you do not mention which you later rely on in court.........

I think corroboration is now redundant in Scots law? I know it is in English law and the judge wil tell the jury that it is up to them who they believe, who is the more credible witness, in cases where it is just word on word

[AmandaF]

I'm no legal expert but just to say my other half was told to say "No comment "at interview, advised by a legal beagle in Edinburgh via a phone call and the the same advice from the duty sol. But as RF says, go with what you're advised .

I would say DO NOT tell the cops ANYTHING that they can turn round and use against you- in fact I would be very careful not to tell them anything- they are out to convict and don't care how they do it. I doubt they even read statements as if they had they would have seen the contradictions in the ones made against us. Also be very aware that if they don't have corroborating evidence, they will find it by fair means or foul.

Our investigating force was Strathclyde, apparently the most corrupt in the UK

RF corroboration is still required in Scot's law which is how they nailed my OH.

Max345 let's just hope this doesn't go any further

[Rights Fighter]

"Corroboration" could be merely what the accuser told another person shortly after the alleged assault (or what she claimed to have told another person)

Judges used to be required by law to direct the jury that it is dangerous to civics without corroboration, now they are no longer obliged to do so. Anything to meet Government set rape conviction targets

[max345]

"Corroboration" could be merely what the accuser told another person shortly after the alleged assault (or what she claimed to have told another person)

Judges used to be required by law to direct the jury that it is dangerous to civics without corroboration, now they are no longer obliged to do so. Anything to meet Government set rape conviction targets

Thanks, I have been told by a solicitor that cooberation cannot be what a person tells another person. This is "hearsay". It would be cooberation if the person was in such a state at the actual time and went running to a neighbour or the neighbour heard screams from the victim etc
I am in Scotland and every solicitor is giving me the same advice and that's to say " no comment" to everything. If there is no cooberation to the lies that she is telling then no charges can be made.
I wanted to get my side of the story across to the Police but they are recommendeding me not to do this at all as things could be twisted and turn against me.

[Rights Fighter]

Hearsay in England can be used to "corroborate" aka support the complainant's case. I've often seen it in judges summings up, where he will direct the jury that the hearsay can support / corroborate the account, it does not emanate from the complainant her/himself.



I do hope you are right about no corroboration so no charges in Scots law. I've visited too many men in prison whose cases had no corroboration at all, that's been in England of course.

[AmandaF]

Thing is though, if the complaints' stories don't corroborate then they will just find another FA who is willing to tell a story in order to get the case to trial- a "trawl".

They use avery dated principle when it comes to using corroboration. "Moorov" doctrine?
There used to be a time limit for historic allegations corroborating an up to date one but that has now been disregarded.
There is a thread on here that explains this but I can't remember who posted it

[Casehardened]

There is a thread on here that explains this but I can't remember who posted it

Lawlessone2009 was our acknowledged expert on the Moorov doctrine, maybe he'll pop in and update the latest status on this.....

[lawlessone2009]

Moorov has been weakened to the point where it's no longer much use from a defence perspective. There are still cases going through the appeals court where Moorov is being wheeled out but time and again the arguments are not accepted by the court.

From my understanding you're in a tricky position.

What 'might' happen is that the Police will contact you and invite you in for interview.

What also 'might' happen is that the Police will turn up at your door and arrest you.

Whatever happens there is a good chance you'll be sitting in an interview with a couple of Officers flinging questions at you!

I would say that folks advising 'no comment' isn't the most sensible thing to be doing. It's a fail safe position though.

Would you be funding your defence privately or applying for legal aid?

Where abouts in Scotland are you? All that'd be needed is Central/North/West/East/South. DO NOT GIVE TOWNS/VILLAGES etc.

It'd be good to have a sensible experienced solicitor in place who can be called to represent your interests at interview.

Don't sit in an interview room without the minimum of at least the duty solicitor.

Don't give evidence to the Police. Any information you give to the Police should be passed through your solicitor. The interview is NOT the end of the possibilities to avoid a court case, it is merely the Police asking questions, FORMALLY. It's easy to get in a muddle and pass information unnecessarily that will damage your defence later on.

[Rights Fighter]

Thanks for coming back so quickly LL1! Much appreciated!