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  • Please Help!!

    First time posting here so bear with me, I have just become aware of the forum and I'm desperate for some help.

    In April this year I was at my ex girlfriends house having a drink, she had a friend their. Me and my ex had been over for a while, we live close by and she asked me to come round as I had no plans. I worked with my ex in the same office, this is where we met. Our relationship was one of ups and downs we was together for around a year, in the end we just wasn't right for each other. She struggled with a cocaine addiction and myself with drink. Ultimatley it all became too much and we decided to split. I was devastated and depressed.

    The night I went for a drink I had two cans of beer at home before I went round, my ex asked me if I had any drink and if I could bring it round. I said yes of course, I arrived at the house with a 3rd of bottle of vodka, 2 cans of beer and a bottle of wine. I knew her friend would be there, she had already told me this when we was texting, upon entering the property I noticed that my exes kids (3 of them) and her friends child (just 1 child) were present.

    We sat in the kitchen had a drink and just talked, my exes friend then pulled what I thought was cocaine out of her bra, turns out it was something called mkat? plant fertiliser apparently. My ex and her friend, began to take the substance it was still early about 9-10ish I believe, my ex kept asking me to try it, I did regretfully.

    While we sat down and talking I noticed it was getting late, my ex was asking her friend how she was getting home with her child, her friend said she had no money and couldn't get home. I was confused as she could afford to buy drink and drugs but couldn't save taxi money to get home. I said I could transfer a tenner to my ex and she could give it to her friend to get home if she wanted. My ex said not possible, as she was overdrawn.

    As the night progressed, we had a couple more drinks, her friend was constantly snorting this drug, my ex had said in the past she was an addict and had her kids taken off of her numerous times because of drugs and neglecting the kids. I felt so sorry for her child, I have two girls myself and I thought why is she got her kid out at this time taking drugs and getting drunk.

    It got late past midnight, myself and my ex had an argument nothing major I just made a comment about her on her phone texting someone. I was struggling to accept we was over and I knew she was seeing someone but wouldn't tell me and let me go. I felt she was keeping me at arms distance just because it was convenient.

    After we argued I left and thought Im going home, I literally lived within a stone throw distance of her house. Her friend had a taxi outside ready to go home, but the taxi drove off probably because she had no means to even pay for it.

    She followed me to my house, I have no idea why. Her child fell asleep, we was in the kitchen had the radio on low volume, she was grinding up against me and being very flirtatious.

    I went to bed as it was about 1:30am at this time, she was on the toilet and decided to get into bed as well. One thing led to another and we ended up having sex.

    We stopped as her child woke up crying, probably scared as she was in a strange house. Her mum didn't seem to care about anything. She went to check on her child downstairs, then come back upstairs asking if she could take my bank card and what my pin number was. I told her to take enough for a taxi and post my bank card back through my letterbox.

    I then fell asleep and she left. The next morning, I couldn't find my bank card, my phone was also missing. I checked my bank online and there was two separate withdrawels, £150 and £50 one at 2:45am , another at 3:15am (closer to her home). I found out that after she had left mine she went back to my exes to order a taxi and go home.

    The next morning after I checked my bank and cancelled my phone, I emailed my ex. She replied saying that her friend had text her in the morning saying I raped her. Yet she didn't say that she had been raped immediately after leaving my house. My ex said I pushed her onto the bed and raped her, she said she screamed which woke her child got her child and left my house.

    I was disgusted by these accusations, I let a woman into my home to try and help her and her child. She robbed me blind, then accused me of rape.

    Two days after I contacted the police, they came for me and I was held for questioning. At the first interview my solicitor said to give no comment as they had not received any statement from her.

    I was released on bail for 3 months, at which point back I went back for questioning again. I gave my full side of the events, she had lied and said she took my bank card because she didn't know my name, she also said she had never met me before. Both incorrect which my ex can confirm. But I don't know if my ex has been questioned or what she has said I feel so in the dark about all this.

    I was bailed again until 15th Oct. 6 months out of my life, I have lost my job, become a recluse. Spending most days in bed depressed, I haven't slept properly since. I have no money and a solicitor which I will have to use legal aid for which worries me.

    I have heard from gossip in my local village that I'm to be charged and sent to court. I guess this will be confirmed tomorrow. I haven't heard anything from my solicitor in six months, they just keep saying this is the process and they will find out a day before my bail.

    I don't know what to do, I don't want to lose my kids and go to prison for 5-10 years. I feel that she has gone so far down this lie now that she will feel she cant get out of it.

    I have so many questions and in desperate need of help;

    When can I expect to be in court if I have to ?

    Do I need to get a private solicitor?

    Im sure there are many more but at the moment im in a bit of a rush and I will update this post later. Any advice you can give would be appreciated. I feel like giving up, if it wasn't for my children Im sure I would have by now

    Thanks

  • #2
    First thing to say is 'be strong'

    You are in a tough situation but you are clear on your innocence and you have to remember that should this go to trial the jury would be normal members of the public who will look at the situation fairly.

    The last thing I would want to do is give anyone false hope but I do believe from your account that it would be very difficult for people to find you guilty. You've done the right thing in contacting the police and the events of that night such as the taking of money strongly suggests an unreliable character

    Sounds like you may have some answer in the next day or two about what happens next so keep us updated if you wish to and more guidance can be given should you be charged

    Remember 'be strong' and relaxed in your innocence

    Comment


    • #3
      Just spoke to my solicitor will be bailed again in the morning.

      Not charged as as rumours suggest.

      Comment


      • #4
        You don't need a private solicitor at this stage. If you cannot afford to pay one should you be charged, there are plenty of legal aid solicitors who will do a fab job, if you are charged.

        Check out other threads where people have been found not guilty or NFA'd - most have used a LA solicitor.

        This woman is skint. She will know thanks to the media that people alleging rape can get a huge payout courtesy of the tax payer. That may well be one motive for lying.

        Khat like other drugs can be evil. I notice you said you took a 3rd bottle of vodka. Third? How many of you were drinking that night?
        People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

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

        Comment


        • #5
          3 of us, a third of a 70cl of vodka.

          When she spoke to the police she never said she had a drink. Neither did she mention supplying and taking any drugs.

          My solicitor advised not to mention the drugs during the second interview.

          How long can you be bailed for? I have no previous experience with the police and no previous convictions.

          I really want to get back into work and start providing for my kids again, but I feel like I'm stuck in limbo like my entire life has been placed on hold.

          Comment


          • #6
            Oh I thought you meant you took a third bottle of vodka, as in three, rather than 1/3rd of a bottle!

            I can't understand what you are advised not to mention the drinking and drugs as forensic tests should have been done. Too late now I suppose, but the police could be criticised for not doing so, as a matter of course, should it proceed.

            Being NFA'd / charged can take anything from a few weeks to two years or more. All you can do is to sit it out and wait.
            People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

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

            Comment


            • #7
              Two years. Jesus

              My solicitor told me not to mention drugs during interview as it could work in the benefit of the accuser, she could say she didn't know what she was doing.

              Forensics were taken with swabs etc from me, no blood or urine samples.

              If it God forbid it does go to court, could the drugs and her being an addict be use to describe the type of character she is?

              She admitted to emptying my bank account, she left me with 49p in my account. She said she did this as I said take what you want, a single man with two children and a house there is no way I said this.

              I keep going over things in my head and think how can this have got this far, how have the cps a police not seen through this.

              Comment


              • #8
                Originally posted by depressed182 View Post
                Two years. Jesus

                how have the cps a police not seen through this.
                The CPS may see through it, you don't know what they think yet. If they think there is a strong enough case for it to go to trial then you would be charged. This still doesn't mean they think you are guilty it's more that they feel the case is something that needs to go in front of a jury.

                The 2 years number is worst case really. From what I gather I think they are more likely with cases that involve computer equipment or historic cases. Did your solicitor advise on how long your new bail date is? Hopefully you won't have to wait too long. I share your frustration the waiting is the worst

                Comment


                • #9
                  I'll find out how long I will be bailed for in the morning.

                  Does the length of the bail have any relevance?

                  Short bail vs long bail etc or not or is it all relative?

                  Comment


                  • #10
                    Originally posted by depressed182 View Post
                    Two years. Jesus

                    My solicitor told me not to mention drugs during interview as it could work in the benefit of the accuser, she could say she didn't know what she was doing.

                    Forensics were taken with swabs etc from me, no blood or urine samples.

                    If it God forbid it does go to court, could the drugs and her being an addict be use to describe the type of character she is?

                    She admitted to emptying my bank account, she left me with 49p in my account. She said she did this as I said take what you want, a single man with two children and a house there is no way I said this.

                    I keep going over things in my head and think how can this have got this far, how have the cps a police not seen through this.
                    If she hasn't mentioned the drugs then she cannot claim that you forced / encouraged her to take them so you could have your wicked way with her. If she adds later that this was the case, robust cross-examination should demolish that, as "why didn't you tell the police that?"

                    "Oh. I forgot he made me take the drugs"

                    or

                    "Oh. I was so traumatised I forgot to say".


                    You can't use alcohol and rug taking as something called "bad character". That would be used against you if you tried, because people who use alcohol and drugs are more vulnerable to attack, of course.

                    Only if she "creates a false impression" that she is squeaky clean can that be used, to "correct the false impression.

                    Length of time on bail: I've known people NFA'd within weeks and also after two years. I've also known people to be charged within weeks or after a long time on bail. I think the longer the bail, suggests that they have not got enough evidence to ensure a conviction.

                    CPS tend to charge if there is at least 51% chance of a conviction on the evidence gathered by the police. The police and CPS are under pressure to meet Government-set rape conviction targets, which would explain why in some cases, some police officers will ignore helpful defence evidence.
                    Last edited by Rights Fighter; 14 October 2015, 02:11 PM.
                    People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

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

                    Comment


                    • #11
                      Thank you for the replies.

                      Guess I'll see how long I will be bailed for in the morning.

                      Do I need to think about switching to a specialist solicitor now or if they decide to charge me?

                      Comment


                      • #12
                        Not unless you can afford to pay - there's not a fat lot a solicitor can do at this stage as there is little or no "evidence" / disclosure.

                        Check out other threads where you will see that most NFAs had a legal aid solicitor involved.
                        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
                          4 months bail

                          Police have asked for bank statements showing times, dates and location of bank withdrawels.

                          Inspector said that it has gone through the police system and something about a triage? Not sure what this means. The cps have asked for more details on what I'm not 100 percent sure.

                          Any ideas what all this means?

                          Comment


                          • #14
                            I did a quick search "Triage police investigations" and came up with this from a forensic site:

                            A process of sorting computer systems into groups, based on the amount of relevant information or evidence found on these computer systems

                            Triage in medical terms in hospitals for instance, they process people according to need. So those badly injured would be seen first.....

                            I'm thinking that in your case they are collating all the information together, sorting through it to see how much information there is, what it is and how important it is.

                            So basically they are looking at all the evidence (hopefully) to see which helps, which doesn't, what is important and what is not.

                            Not helpful I know as I'm not good at explaining stuff like this
                            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
                              I found something different, could it be this RightsFighter?

                              https://www.justice.gov.uk/youth-jus...library/triage

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