Falsely accused by someone with apparent mental health issues

[Quite Alone]

Hi.
This is my first post, although I've found a little comfort all afternoon and evening on this forum.

I'm wondering if anyone has a similar experience. Although I'm yet to be arrested (found a card on my door earlier asking me to call the S.I.U. department of the local police earlier, so I can see what's coming), I have been accused of rape by someone who I now understand has mental health issues. This was not the case at the time I knew her, so I'm really wondering how this would impact the future case. If I wasn't aware of these issues (absolutely no clue given), can I still be considered to have had sex with someone with issues. I don't know what the possible issues are at present, and I'm extremely frightened, because the detective isn't on duty, and no one will answer my questions.

Any help is very gratefully received

[Casehardened]

Hi and welcome to the forum,

You may not be arrested at the interview, it may be 'voluntary' (though in practical terms the only difference is that you may not be required to wait in a cell for your turn and may not be bailed afterwards) however do take up the offer of a duty solicitor, or your own if you have one.

I can't offer any advice regarding the accusers's mental health issues (though there are some members with experience of this) but there is some general advice here:

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

[joe_3178]

who I now understand has mental health issues. This was not the case at the time I knew her, so I'm really wondering how this would impact the future case.

This is tough to say because the term 'mental health issues' is a very wide term. A bit like saying someone has 'physical issues', mental health issues could be anything from some occasional depression and anxiety through to something more serious such as being bipolar, a personality disorder, dependent on drugs, or suicidal and so on. However, Im sure some would even use it to describe feeling tired after a bad day! You say she didn't have this this at the time, I wonder if the suggestion is that she has developed these mental health issues since the alleged offence?

[Quite Alone]

Thanks so much for the replies!

I know there are a few 'possibly-maybe's' here. Wish I knew more right now, about what these issues are. I guess what I'm trying to say is would any serious mental health issues, even though I was unaware of them, make me guilty regardless of my knowledge of them?

Unfortunately, this isn't the first arrest for rape I've had, but the first one was NFA'd within 3 weeks, and the FA given a "telling off" for wasting police time.

[Rights Fighter]

In law, to prove an offence has been committed there has to be "actus rea" and "mens rea".

Actus rea - was the act actually carried out? Did it happen?


Mens rea - did the alleged assailant know that he had committed the act and that it was illegal ie with no consent and was reckless in that he knew there was no consent?



It's rather odd, as people with mental health problems have very active and healthy sex lives, so I am not sure what the point is, being made.

It comes down to consent. Somebody with mental health issues usually knows the word "no".

There must be more to it that what you've been told.

[Quite Alone]

Thanks for the info. As I've not been arrested yet, I can only assume this is what the police want to talk to me about, as around 6 weeks ago, the FA messaged my OH claiming I'd raped her.

Since then, a few people I know have mentioned she's nuts (better terms around I'm sure), so I did some research around the perceived ability of a person to consent. Obviously without having more detail, I couldn't say if she's affected by this law or not.

[Rights Fighter]

It might be interesting to find out if she's made previous false allegations. Some do just in an effort to seek attention.

[Quite Alone]

Had crossed my mind, although I wouldn't know where to start. I'm not sure police would let on, and my solicitor would only get paid at the time of being charged if I'm right. So frustrating

[Quite Alone]

Just a little update.

The police are attending my home address tomorrow. Despite them saying it'll just be a quick chat to clear it up (they confirmed it was to do with this girl), I found enough info on here to arrange a solicitor to be in attendance. They asked to see me tonight at 8, when no solicitor would be available.

Is this standard practice?

And thanks to all those amazing people who suggested a solicitor, I'd honestly not have thought of it without this forum!

[can it get worse]

I cannot answer your question about normal practice. But I've not heard of them speaking to you at home before.

Be guided by sol.

Hope it results in a quick resolution for you.

[Quite Alone]

When the officer was so vague over the phone, and when I asked if it was an interview and do I need a solicitor, I knew that I would. Hopefully it's settled tomorrow, although the worry of it dragging on with no arrest/resolution is a on my mind

[can it get worse]

Yes I'm sure it is. Try to get as much sleep as possible & remain calm and clear in your answers.

[Quite Alone]

Sleep has eluded me largely, but I get a few hours. Has helped having my son around. Hasn't helped that it seems wherever an allegation of rape is made, an arrest must be made (from what I've read anyway), even if the police know it's nonsense.

[Rights Fighter]

Just a little update.

The police are attending my home address tomorrow. Despite them saying it'll just be a quick chat to clear it up (they confirmed it was to do with this girl), I found enough info on here to arrange a solicitor to be in attendance. They asked to see me tonight at 8, when no solicitor would be available.

Is this standard practice?

And thanks to all those amazing people who suggested a solicitor, I'd honestly not have thought of it without this forum!

Duty sols are 24/7 (rota) so ask if there is one at the practice you contacted, who would be on duty that night.

[Quite Alone]

Changed to 2pm today as my preferred sol wasn't available. I use the same firm for business, property etc, so thought it best, So nervous.