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Help Me, I need some advice, or a miracle!!

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  • Help Me, I need some advice, or a miracle!!

    In May, I was arrested at a house party that I attended. The accusations made against me were that I engaged in sexual assault by penetration and sexual assault by oral. I was handcuffed and taken to a police station for swabs, DNA collecting and interviewing.

    The girl who accused me had flirted with me and gave me her number. We all then proceeded into a bedroom, where by people petered out and it was only us too left - we were both pretty messed by that point. We were then stroking each other in the bed, I then made a move to pleasure her by rubbing her private parts, she starting moaning pleasurably, which I took as a sign of engagement and then I slowly made my way down whilst removing her lower clothes to engage in oral, at which she held my head in what I believed to be enthusiastic participation, the groans continued.

    I then lost interest and then fell asleep beside her. The whole thing was a haze. I was then woken up by a mutual acquaintance of ours, saying that said girl had said I 'tried to F*** her', I was stunned by the entire thing, still in a hungover haze and then left the house, where I was arrested by two officers, they didn't handcuff me, but put my hand in plastic bags.

    At the station I explained to the officers that I was claustrophobic and was escorted outside and was watched over by a police officer on duty.
    As I wholeheartedly believed that I had done nothing wrong, I asked not to have a solicitor present for my interview, and upon entering the interview room I immediately went in to shock as they said I had been arrested for a further allegation of attempted rape. After 20 minutes or so of rest, I asked to have a duty solicitor present. Since then I have changed to a solicitor based in Essex.

    I was questioned but the officer has since left the unit and so my case was then handed over to another investigating officer. In the initial interview I answered all questions to the best of my knowledge, contesting allegations with a belief in enthusiastic consent, whilst denying the attempted rape allegation. Allegations were made by the complainant that the acts lasted for over an hour, which it is has since been established that it hadn’t, and DNA results have come back negative, which I’m hoping might further negate such that claim.

    There was a witness statement made in which it was said that I had admitted guilt; in my initial interview I vehemently denied this. I have forwarded the investigating officers the name of another witness who was there when this supposed admission was supposed to have taken place, yet they have not followed him up nor included his name on the list of those I should not have contact with when I was re-bailed last week Friday.

    When I was called in for my re-bail date, the officer who had taken over the case had brought me in for further questioning on the May allegation, in which he asked me about this ’admission of guilt’. He then had arrested me on another allegation made by someone else; sexual assault by penetration. The offence was supposed to have taken place in December 2014 - this brought about my near collapse as it was the last thing I was expecting, wanting freedom. I was told I was allowed to discuss the matter with my solicitor, upon which they instructed me that a ‘no comment’ interview was in my best interest as I couldn't recall events properly from that date, citing that it would not cause adverse inference, which is not true enough, in my eyes. I was completely frozen with fear, confusion, and felt intimidated by the entire situation.

    As I know the accuser I am shocked as to why I’m being accused of such a heinous, despicable crime. A friend of the December complainant has made a witness statement, which has clearly been concocted for corroboration - this same friend made out in her statement that I am the cause of a rocky moment between her and her ex-boyfriend, saying that I had told her ex-boyfriend that her and I had kissed, this guy who also happens to be my best friend. Might I be able to use that as her MO for corroboration, even though she is lying?

    How useful is it bringing up collusion? I want to change solicitors and offer up my defence before my next bail date and before they send off the whole case to the CPS. How are people's views on Old Bailey Solicitors? The complainant and her friend are friends with the others accusing me of the May allegation too.

    I am of extremely good character, and am an advocate for human rights, the abolition of modern slavery and female equality. Should I be charged I won’t be allowed to carry on with my charity work, and will further lose the reputation I already hold dearly to. This whole episode is spiralling out of control. Since May, I’ve only wanted to clear my name and prove my innocence. It’s had the most crippling effect on my family, I’ve been unable to work and my social standing has been ripped to shreds.

    I’m terribly fearful of being charged, as it will undoubtedly end up in the newspapers, and my career hinges on reputation. I just don’t know how things can end for me in the police station, even after the CPS has reviewed the case. Help me.

    Thoughts?
    Last edited by Casehardened; 2 October 2015, 06:51 AM.

  • #2
    Was the December allegation a similar scenario? Also, do you have anyone to support you such as GP/ counsellor? If not I would recommend some support as you will need to be strong during this period

    Comment


    • #3
      Hi Joe. The complainant does say it was a similar scenario. Thank you for the advice, I will look in to some support.

      Comment


      • #4
        Hi,
        I think you are correct in being concerned about the second allegation; in the worst possible scenario, imagine putting yourself in the jury's shoes and listening to two witnesses giving evidence of the same accusation on separate occasions.....

        The 'May' incident seems fairly straightforward, despite all that might be said about women always having the right to say no at the last minute, this notational jury is likely to take the view that two adults getting into bed together implies a certain degree of consent to the likely outcome.

        The 'December' is more of concern especially if it has been brought for collusion/corroboration purposes as unfortunately a defence of 'can't remember' won't go down well with a jury.

        Obviously at the interview when this matter was raised, you were in shock and unable to think clearly, but now you must try to put down on paper what did or did not happen: i.e. did you actually have a sexual encounter at all with the complainant: if not, as it was a specific occasion perhaps she or you may have an alibi separating yourselves; if yes, was it a long-standing relationship or a one-nighter, either way you may be able to think of some witnesses who can attest to it also being a consensual encounter.
        'What doesn't kill you makes you stronger'

        Comment


        • #5
          Thanks case hardened. This helps a lot.
          That wasn't my defence at the time, just couldn't place the date together. But having calmed down, I now know for sure that no sexual encounter occurred and I will be putting this forward to the investigating officers.

          Only worry is that the complainant has corroborating evidence in her friends statement - the one who accuses me of messing her and my best friend up. I don't know why she is lying like this, I haven't spoken to them in months.

          Comment


          • #6
            I haven't put too much information in this have I?

            Admin, if you feel I have done, could you please delete it?

            Comment


            • #7
              Originally posted by SalvationNeeded123 View Post
              I haven't put too much information in this have I?

              Admin, if you feel I have done, could you please delete it?
              To be on the safe side I've deleted locations (apart from the reference to your new solicitors which is not really identifying)

              NB, just read your request for deletion of the thread; in view of the editing I have done, would you still like the thread deleted?
              Last edited by Casehardened; 1 October 2015, 03:34 PM.
              'What doesn't kill you makes you stronger'

              Comment


              • #8
                Totally fine with the edit.

                Do you have any more advice? Things are still going in a circle in my head.
                If any charges were dropped police wouldn't notify my solicitor until last minute would they?

                I'm just thinking, might the reason I was interviewed on again on a statement I had already answered in my original statement be because they didn't have much else to go on(her maybe dropping the charges.)

                Comment


                • #9
                  Originally posted by SalvationNeeded123 View Post
                  I was questioned but the officer has since left the unit and so my case was then handed over to another investigating officer.

                  When I was called in for my re-bail date, the officer who had taken over the case had brought me in for further questioning on the May allegation, in which he asked me about this ’admission of guilt’.

                  He then had arrested me on another allegation made by someone else; sexual assault by penetration.
                  Originally posted by SalvationNeeded123 View Post

                  Do you have any more advice? Things are still going in a circle in my head.
                  If any charges were dropped police wouldn't notify my solicitor until last minute would they?

                  I'm just thinking, might the reason I was interviewed on again on a statement I had already answered in my original statement be because they didn't have much else to go on(her maybe dropping the charges.)
                  In these situations it's tempting to over analyse and look for positives or negatives in every nuance; it could simply be that the new OIC who took over the case felt that the previous one had missed something and wanted to double check your responses.

                  If so (and now I'm surmising!) it does mean he is doing the job properly (perhaps the other officer had no choice in his move?) which augurs well in a false accusation case.
                  'What doesn't kill you makes you stronger'

                  Comment


                  • #10
                    Thanks for that, still helps clarify things a bit further.
                    We're all friends and acquaintances, so I guess I'll just have to wait and see, maybe guilt will kick in.

                    RF -- any thoughts, as it seems you're quite the expert on here too.

                    Sal.

                    Comment


                    • #11
                      Originally posted by SalvationNeeded123 View Post

                      RF -- any thoughts, as it seems you're quite the expert on here too.

                      Sal.
                      RF is indeed our acknowledged legal expert, unfortunately she has been staring at too many computer screens and has problems reading large text blocks.

                      You may have noticed that when I edited your OP I added a few paragraph breaks; this was to tempt her to come along and read it I will go and add a couple more!
                      'What doesn't kill you makes you stronger'

                      Comment


                      • #12
                        I'm also working on three CCRC applications (appeals against conviction) and doing investigative work for upcoming trials, so only dive in where I can see something I can instantly help on.

                        Just to clarify I cannot claim to be a "legal" advisor. I've just learned from the cases I have worked on since 2002 plus I've also had lots of help from a certain very fab solicitor. I learn as I go.

                        Being of previous good character or advocating for human rights doesn't mean the alleged offences didn't happen. A jury wouldn't be swayed by that and neither will the police or CPS.

                        I can't see anything from what you've written so far, that I can 'advise' on. All you can do is to sit tight. Maybe if the complainant is on Facebook or other social network sites, you can monitor those and take screenshots of anything useful.

                        Re staring into monitors - I have spent about five days wiping the hard drives and re-installing my computer and haven't toned down the brightness yet, I must do that now as it's made my poor ol' eyes worse.....
                        People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

                        PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

                        Comment


                        • #13
                          Originally posted by Rights Fighter View Post

                          I can't see anything from what you've written so far, that I can 'advise' on. All you can do is to sit tight. Maybe if the complainant is on Facebook or other social network sites, you can monitor those and take screenshots of anything useful.

                          Re staring into monitors - I have spent about five days wiping the hard drives and re-installing my computer and haven't toned down the brightness yet, I must do that now as it's made my poor ol' eyes worse.....
                          Thank you for the response Rights Fighter.

                          The complainant is on a social media site, what kind of things should I be looking out for?

                          This is so stressful, all from a drunken night out, I even wanted to go home, how stupid. Next time I'll follow my gut. I'll never ever drink again.

                          Comment


                          • #14
                            References to money, upcoming holidays that are expensive accompanied with "lol" etc.

                            If she has "created a false impression" that she lives like a hermit, has no boyfriends, or is scared of men, and you see photos and references to positive relationships with men, screenshot those as they could be used to "correct a false impression".

                            You can't use them per se as "evidence" but you can "correct false impressions". Obviously only to be used if you are charged and you do not tell the police about them, otherwise the complainant will be advised to change her privacy settings....
                            People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

                            PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

                            Comment


                            • #15
                              Amazing, never did consider this, as that is all over her timeline, retweets about drunken nights stands and what have you.
                              I'll see what can be done.

                              RF, you're a genius! And give ya eyes a rest some time! :P

                              S.

                              Comment

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