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Arrested on suspicion of digital penetration, they've took everything from me.

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  • Arrested on suspicion of digital penetration, they've took everything from me.

    So I was awoken on Thursday morning at 5 AM to 3 police officers at my door who informed me that I was being arrested under suspicion of digital penetration (In laymans speak, unconsentually putting my fingers in somebody.) I am distraught by this, here's what's happened.

    Dragged out by 2 friends of mine, for privacy reasons we'll call them Bob and Jane. So Bob's job involves being a promoter and as such he had us drinking free at a couple of bars for the night, we had the same drinks and rounds the entire night so we were all equally drunk (Very.) Jane and I have had sexual relations in the past and are generally very good friends and are usually quite flirty with each other. Before we had went out we had "Pre drinks" at Jane's flat, during which Jane (Who is bisexual) announced that if she doesn't "Pull" tonight then she wants to have sex with Bob, over the night Bob happens to make it off with another girl and promptly leaves with her, leaving me and Jane, Jane asks that we leave and go back to hers (No sexual connotations at this point) however on the way home she states she's pissed because she just wants sex but Bob has gone off, when we get back to our accommodation (Student accommodation, separate flats) she invites me into hers where we get into bed with each other and play with each other for a bit (Hands only, no penetration, simply rubbing, from the both of us.) As I go to move my hand below her clitoris she moves it away saying no, puts it around her (Basically spooning at this point) and we fall asleep. In the morning we awake, the both of us still with our pants down, I ask her if she's alright which she responds to with yes, we talk about how hungover we are and what a fun night we had, following which she says she wishes to sleep and nurse her hangover and such I should leave, I do so, talk to her on facebook later asking if shes alright and wants to do work later which she says yeah of course to.

    The next day goes along as normal.

    In the early hours of the morning of the following day I'm arrested, after an 8 hour "Rest"/"Solitary confinement" in the police station I have an interview (With solicitor) in which I see her statement, she states that she is a lesbian, not bisexual, and would never consent to doing stuff with me, even though we originally met from sexual encounters with another person, in which SHE recorded video and pictures, I have access to those pictures and some of the video still, the police asked me to keep hold of them but didn't want me to send them over yet for whatever reason I do not know. In her statement she says that she forgot every moment from leaving the bar to waking up in the morning, apparently with my fingers inside her, to which she states that she then fell asleep again until later that morning in which she then states she asked for help from a neighbour who didn't answer and decided to kick me out. This in stark contrast to what happened and her statements riddles with holes, especially with the convenient 8 odd hours she "Forgot."

    However, I have now been given pre charge conditional bail for 3 months, the conditions of which state I can not return to my student flat, they have taken a lot of my clothes, my Phone, contacted my university which could lead to me being removed from studies (Meaning no student finance to pay the rent on the apartment that I can't even enter.) and I am not allowed to talk or contact her in any way. How on earth can they take so much from me on such an unfounded allegation without even a mitre of proof? I'm pulling my hair out and I have to go back onto medication (Anti psychotics, aptly for my psychosis diagnosis.) to cope with the stress from this and other combined problems from the past few weeks.

    I phoned the recommended solicitor Chris Saltrese who stated that there's pretty much no chance in hell of me doing anything until the police make further investigations and that if I wanted help I would be expected to pay in the region of 30-35 THOUSAND pounds as they do not do legal aid, which is very obviously out of my reach as a student. They did however advise that I come to this forum and ask for advice, so I suppose that's what I'm here to do, can anybody help or advise in any way, this is all foreign to me as I've not had troubles with police in the past and it feels like such an injustice that I am effectively being extremely punished (No home, have to live back at my dads, no phone, lots of my clothes confiscated, prospect of losing university placement.) without any charge or any evidence.

  • #2
    Some quick thoughts

    With regards to solicitors, a lot of people don't look into this until they are charged. I suppose if you have the funds you might want to kick this off early but most don't until they need to. Without wanting to provide any false hope a lot of people do not get charged.

    Have you got someone (family?) supporting you?

    With regards to the flat, do you have any kind of get out clauses. (I wondering if you can escape from your financial commitment to a place you won't be staying in). All being well you will have an answer in 3 months but some do end having bail extended for longer

    CH has a link to some good advice for when you are first accused of something like this, hopefully he will be along some time soon and can point you in the direction of this

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    • #3
      Fortunately I have my father supporting me, I would be homeless without him right now. The thing I worry about is the bail just being extended and extended and extended, I will have to check my tenancy agreement for get out clauses I suppose, damn.

      Comment


      • #4
        Look for her motive - her motive in this instance was that she wanted to have sex with Bob, and not you, but then settled for you when Bob ran off with the other girl.

        In order to save face and not seem desperate, she has thrown in a rape allegation so she doesn't look like a "slut" that goes for rebound when Bob ran off. If she claims she didn't consent then it is not her fault so to speak.

        I have seen things like this in other threads here posted by students.

        And yes, for someone who has not been in the receiving end of an accusation before, the way the police deal with it seems heavy handed. I was dragged out of my flat at 11pm in my slippers and pyjamas while I was on the way to bed and had all my electronics confiscated too.

        The best outcome is hoping that she realises she took it way too far and crumbles and retracts. Once FAs realise what is at stake, some do end up dropping it - but for the innocent male involved you are left having to deal with the stresses of the process still.

        Comment


        • #5
          Originally posted by TotalNightmare View Post
          Look for her motive - her motive in this instance was that she wanted to have sex with Bob, and not you, but then settled for you when Bob ran off with the other girl.

          In order to save face and not seem desperate, she has thrown in a rape allegation so she doesn't look like a "slut" that goes for rebound when Bob ran off. If she claims she didn't consent then it is not her fault so to speak.

          I have seen things like this in other threads here posted by students.

          And yes, for someone who has not been in the receiving end of an accusation before, the way the police deal with it seems heavy handed. I was dragged out of my flat at 11pm in my slippers and pyjamas while I was on the way to bed and had all my electronics confiscated too.

          The best outcome is hoping that she realises she took it way too far and crumbles and retracts. Once FAs realise what is at stake, some do end up dropping it - but for the innocent male involved you are left having to deal with the stresses of the process still.
          The worst part of it is, we didn't even have sex, and I didn't penetrate her at all, surely with all the dna testing and such that I had to go through there would be a way they can test this scientifically, it says in the report that she inspected and there was "No damage." But I'm not sure what that counts for if anything, I hope she comes to her senses, how on earth they can take seriously a statement with so many holes it's unbelievable, I can't believe this is only day 2, I'm starting to worry and stress from the amount of stories here of bail just being put further and further forward, I'm at a loss on how to proceed or what to do with my life in general as I now can't go home or do university work until they've made their decision, this seems so crazy to me =/

          Comment


          • #6
            Originally posted by rockandahardplace View Post
            how on earth they can take seriously a statement with so many holes it's unbelievable,

            It's not really the police's fault as they have been instructed (by the MoJ) to always initially believe the 'victim' over the accused until such a point that the accuser is found to have been economical with the truth.

            This is the link Joe was referring to:

            http://www.daftmoo.org.uk/mooforum/s...at-happens-now
            Last edited by Casehardened; 27 November 2015, 04:53 PM.
            'What doesn't kill you makes you stronger'

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            • #7
              well hello!!! Sorry to see you here though. My OH has been falsely accused of historic abuse and at the beginning i couldn't beleive the length of time our life would be 'on hold' (6 months bail date for us, which also meant my OH has had to leave the family home and only allowed supervised contact with our children) but our solicitor was very harsh but true when he said "this is the life you have to live, these are the rules and you have to live with them, the sooner you accept that this is the way you're going to live for some time, the better" and it is true, overnight i became a single mum and i spent weeks denying it. but when i accepted it life did get easier, the same with my OH, when he accepted that he could only see his children twice a week, things got easier for him. We are living completely different lifes to how we where before, but we are living, and we are surviving . If i was you i'd speak to your university, they may be more understanding then you think???? I cant really offer any more advice (well i'm not even sure if that is advice lol) but just keep strong, its good you found this forum and read the threads as it is wise to have more information on the way the police work (or dont work lol)

              Keep Strong and keep us updated x
              "Only True Love Can Survive This"

              -Hubby was accused - arrested in June 2015 - re-bailed December 2015 - NFA'd March 31st 2016 - SS allowed him back home to our family April 2016-

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              • #8
                Originally posted by rockandahardplace View Post
                ................I phoned the recommended solicitor Chris Saltrese who stated that there's pretty much no chance in hell of me doing anything until the police make further investigations and that if I wanted help I would be expected to pay in the region of 30-35 THOUSAND pounds as they do not do legal aid, which is very obviously out of my reach as a student. ................

                The £30K+ (+VAT) costs as quoted is not for pre-charge advice. This relates to a rough estimate (depending on where and how long) of a trial and all the work involved in that, including a QC or barrister.
                People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

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

                Comment


                • #9
                  hi

                  My son went through a false allegation while at uni, they were brilliant with him, they offered him counciling which he went to and said it helped him a lot,he was living in the halls at the time if the allegation so he had to move out, the uni found him 3 houses for us to go and look at for him to live,the uni were very understanding they gave him extension times on all his work they really were very supportive. My son was nfad in July this year after 9 months on bail. He is still working hard at uni and rebuilding his life. It's a terrible thing to go through. Hope this helps you.

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                  • #10
                    Originally posted by rockandahardplace View Post
                    The worst part of it is, we didn't even have sex, and I didn't penetrate her at all, surely with all the dna testing and such that I had to go through there would be a way they can test this scientifically, it says in the report that she inspected and there was "No damage." But I'm not sure what that counts for if anything, I hope she comes to her senses, how on earth they can take seriously a statement with so many holes it's unbelievable, I can't believe this is only day 2, I'm starting to worry and stress from the amount of stories here of bail just being put further and further forward, I'm at a loss on how to proceed or what to do with my life in general as I now can't go home or do university work until they've made their decision, this seems so crazy to me =/
                    Stick in there mate. I'm only 5 years out of uni so can relate a bit.

                    I remember what day 2 was like too. This situation was the first in my entire life so far where I had suicidal thoughts on the first day then came to my senses. Then it was dropped in 5 weeks.

                    Who knows why women do this? Maybe they think they can withdraw consent retrospectively? I am sure they are not entirely ignorant of the consequences, but using it as a manipulative tool is seriously deranged. My accuser was my own wife that was sick of marriage, hungry for a visa and walked into a Rape Crisis charity who then pressed her to phone the police.

                    One of the times she accused me of rape was 3 days before we got bloody engaged! Obviously she hadn't thought of the actual logistics of her claims, and you will come across discrepancies by sitting down and making a timeline like you have in your first post.

                    Try to remember every single detail and stockpile every single piece of evidence possible - texts, Facebook messages, photos, people who can vouch / witnesses. Go through facebook timelines, walls, photos, check dates, times everything.
                    Last edited by TotalNightmare; 27 November 2015, 05:35 PM.

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                    • #11
                      There's a very good chance you won't be charged at all, the case sounds slim...try not to worry, it may very well all be OK....

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                      • #12
                        Originally posted by Rights Fighter View Post
                        The £30K+ (+VAT) costs as quoted is not for pre-charge advice. This relates to a rough estimate (depending on where and how long) of a trial and all the work involved in that, including a QC or barrister.
                        First things first, I would like to state that this comment is indeed correct and the solicitor in question is the reason I found this forum in the first place. Legal battles are expensive, and I am a student with little funds, thus the comment, apologies if this in any way sounds like a complaint, Just stress nothing more.

                        To everybody else, thank you so much for your support, I'm finding it difficult to cope at the moment and have been put back on medication for my mental illness from the stress from this, your support really means a lot right now, it feels so unfair, like it's guilty until proven innocent and not the way it's supposed to be, think over the next few months I'll be here quite a bit.

                        Comment


                        • #13
                          Yep I appreciate that. Just thought it would be a good idea to clarify that with other members, who might have thought that this was a pre-charge or pre-trial cost.

                          Keep posting and also look on other people's threads as you will learn from them too.

                          Plus, the more you support others, the more support will come back to you.
                          People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

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

                          Comment


                          • #14
                            Originally posted by Rights Fighter View Post
                            Yep I appreciate that. Just thought it would be a good idea to clarify that with other members, who might have thought that this was a pre-charge or pre-trial cost.

                            Keep posting and also look on other people's threads as you will learn from them too.

                            Plus, the more you support others, the more support will come back to you.
                            Something I need to ask as well, the team involved in this is the unity team up in the north west, they are my "Investigating officer" on my bail form.

                            I feel like I have a lot of evidence to disprove some of the things the accuser has said in her statement, I phoned them up to inform them of such (Did not say ANY specifics) and they said they will phone me back tomorrow when my CIO is in , after checking on here afterwards I noticed that this may be a very bad idea.

                            They told me they are duty bound to look into all evidence and just want to find out the truth but the forums here seem to portray the police in these instances as quite the opposite of that, I have no solicitor yet (Due to being on police bail with no charge) apart from the duty solicitor (Which I have 0 details for, I am currently in contact with EBR Attridge although I believe they assigned me George Kampanella instead of the expected Gerry I hear a lot about here, any vouches for him from here? He seems experienced but I worry about these things).

                            I keep feeling like if I just provide more evidence of some form (Character witnesses, witnesses to her flirtatious/intimate behaviour with me/ full on photos of us being intimate with another girl after she stated she would never consent to stuff with us due to her sexual orientation etc etc) that this would be over faster, has anybody got some experience or advice on how to deal with this and whether or not I should provide my evidence to the police considering I have not been charged yet and really wish to just be able to go home.

                            Comment


                            • #15
                              I'm afraid that isn't anything you can do at this stage but sit tight and hold your nerve.

                              I understand you feel you've got evidence that would confirm your story but to be honest the police aren't interested in investigating rather strengthening their case. They will simply take what you tell them to the FA giving her the opportunity to amend her original statement- she was traumatised natural to be confused etc.

                              Until you are charged there is nothing a Solicitor can do.

                              It is hugely frustrating and I feel your pain Ex currently on bail following historic false accusation. Living in this hideous limbo is an indescribable hell but you've just got to dig deep and stay strong.

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