Help and advice needed, on bail without charge

[Rights Fighter]

Sorry - yes - quite right!

[IRB777]

Hi Shawshank sorry to hear of your son going through this. I was also accused but have now been NFAd. In answer to your question about answering bail this at least is one thing i am an expert on. In my case i was never charged ,however i was kept on pre-charge bail for 2 years before getting my NFA.

This can be a very long process so im afraid, be ready for a very long wait. The law is changing at the moment regarding the police abusing bail in this way, but im not sure how they will get around this. You mentioned a phone being seized by police ,this in itself can take months to get back, the phones memory card will be taken out and forensically analysed. what this means is all messages wether deleted or still visible can be viewed, a modern phones memory is enormous especially the new i phones so memory is unlikely to be overwritten. this means if there is evidence from this girl it will still be retreavable. Expect a long wait though. When answering bail arrive at the police station on time. Go to the counter say he is answering bail and who he is seeing, your solicitor should be there with you. You will have to wait sometimes up too 45 minutes as custody has to be clear of people when they see anyone accused of sexual offences. The OIC will come and get you from the front desk and take you into custody. They will then tell you if it is a Re-bail, Charge or Re-interview. Your solicitor will have told you already anyway as they always get the heads up first. I answered bail probably 8 or 9 times before getting my NFA i never went in a cell , sometimes i went in a perspex room used for talking to your solicitor, usually after being called through i was out within 10 to 15 minutes. If your son wants you to go in i wouldnt think it would be a problem but let your solicitor take the lead. hope this helps . IAN

[IRB777]

Hi Shawshank sorry to hear of your son going through this. I was also accused but have now been NFAd. In answer to your question about answering bail this at least is one thing i am an expert on. In my case i was never charged ,however i was kept on pre-charge bail for 2 years before getting my NFA.

This can be a very long process so im afraid, be ready for a very long wait. The law is changing at the moment regarding the police abusing bail in this way, but im not sure how they will get around this. You mentioned a phone being seized by police ,this in itself can take months to get back, the phones memory card will be taken out and forensically analysed. what this means is all messages wether deleted or still visible can be viewed, a modern phones memory is enormous especially the new i phones so memory is unlikely to be overwritten. this means if there is evidence from this girl it will still be retreavable. Expect a long wait though. When answering bail arrive at the police station on time. Go to the counter say he is answering bail and who he is seeing, your solicitor should be there with you. You will have to wait sometimes up too 45 minutes as custody has to be clear of people when they see anyone accused of sexual offences. The OIC will come and get you from the front desk and take you into custody. They will then tell you if it is a Re-bail, Charge or Re-interview. Your solicitor will have told you already anyway as they always get the heads up first. I answered bail probably 8 or 9 times before getting my NFA i never went in a cell , sometimes i went in a perspex room used for talking to your solicitor, usually after being called through i was out within 10 to 15 minutes. If your son wants you to go in i wouldnt think it would be a problem but let your solicitor take the lead. hope this helps . IAN

[justiceking]

I'm not sure how the police work out which cases to forward to CPS.

I do know that the best thing to do is to undermine everything the accuser is saying by digging for as much evidence as possible in order to prove what she is saying is lies and presenting it via a solicitor.

This is my story and it put me through 4 months of hell:

A woman that I had been seeing for 3 years on a casual basis had decided to make a rape story up just because I got with someone else and she seen a photo of us.

It all kicked off when I went up to her house to break things off as she had slept with someone else the day before.
We argued via text before hand and I said I was coming up to for a chat.
When I got to the house the door was open so I went in. I basically told her I didn't want to see her anymore and we argued.
Anyway she was still in bed and started suggesting that we have sex and which we ended up having.

I went back home that day and 3 days later she seen the photo of me with someone else and that's when she went to the police and said i'd raped her.
I was taken to the police station for 14 hours and interviewed and my laptop and phone taken away.

They let me go on bail and said that they would investigate and will get a date to come back.

Anyway, I got a solicitor involved, I compiled emails which included about a a claim that someone had raped her in the past when she went on a date...which leads me now to believe that was lies too.

Not only that, but I found out that she was on a sex site which is used to meet people for sex.
I set up a profile and could see that she had been on the site a day before she made the claims about me raping her - I took screen prints and forwarded a lot of evidence to my solicitor which she compiled into a report and forwarded to the police.

After the police seen the report and evidence they decided to NFA it and it didn't even go to CPS.

When I went to the station to be told this, the DC told me that if they had more evidence they would have progressed the investigation towards her.

To cut a long story short she basically got off scot-free. She wanted to punish me for having met someone else and she did and nothing happened to her...it's wrong!

Basically any woman can lie about rape and put a man life into ruins and get away with it.

[carrot tops]

I would agree any evidence you collect as to your sons innocence should go to solicitor.

OIC we dealt with seemed really friendly but in retrospect I think it was so I would feel comfortable sharing the defence with her. I still can't fathom how on earth there was a 51% + chance of our case getting a conviction.

People here will really understand what you are going through so use this place for the support you need. Keep copies of any evidence you have securely.

[Rights Fighter]

JusticeKing: I wonder if you would please start your own thread, as otherwise the subject of the OP could get lost.

Thanks

[Shawshank]

Well not heard anything yet, full of anxiety. What a great twelve month we've had. Nice to see that the accuser is having a nice time going out all time though. I'm so angry

[YearsOfHell]

I know how you feel!
It's really unfair!
The FAs can carry on like nothing's happened but I bet in the back of their minds it's there knowing they may have to stand up in court and lie to a jury!
I cling to the fact that they too have to live with the lies they've told and the tiny possibility that it might gradually eat them up inside!!
Can someone really be so callous that it doesn't bother them at all???
Yes, I think they can!
Anger is a strong emotion and seems a dominant one on these circumstances.
Try not to let it consume you.
Look at the good things you have that they can't touch and keep going!
You'll have good days and bad!
Make the good ones count.
Big hugs
YoH

[Lilyput]

In personal experience I think they do. I don't know about ALL FA's but we had one in our family three years back and she definitely has some guilt as when I broke down crying and told her about my OH's accusation she looked like she'd been hit by a bus. Said nothing for a few minutes then nervously started gibbering about how it won't go any further and how the guy she was accused was arrested so they obviously took it much more seriously. She did this as her new boyfriend was there but I saw her first reaction of guilt and fear, she knows it and I know it.
At the end of the day I know she cares a lot for my OH and he could now go to prison because some girl has told the same lies she did about someone else. I know she feels guilty!

[Shawshank]

If my sons been arrested for rape yet he hasn't penetrated with his Penis, can they charge him with rape? He digitely penetrated which he admits. I know it depends on what's in statements but they can surely prove if his Penis has been inside her or not ?

[Inadarkplace]

Digitally ??

That is what Dna tests and the rape kit test is for ... But to answer your question yes they can still charge even if he said he hasn't penetrated her ... Her word against his and they normally always believe the accuser as they must do because rape is a serious allegation.

I have admitted having sexual intercourse with my accuser on the night in question my case has gone to the cps so I am waiting to see if I will get charged ... Some days I think I won't get charged other days I think I will get charged..

All the best anyway ... Keep thinking positive thoughts

Keep us updated

Xxx

[Shawshank]

Well, no news is good news I suppose. Son's in good spirits and states "I've done nothing wrong" when we talk about it. Obviously as a parent you worry but I don't let him know. Hopefully it will get NFA'd by whoever. Anyway thanks for all the advice and i'll keep you posted. Got to return in April

I've never longed for banana's so much !

Thanks guys

[Franticwithworry]

I know how you feel!
It's really unfair!
The FAs can carry on like nothing's happened but I bet in the back of their minds it's there knowing they may have to stand up in court and lie to a jury!
I cling to the fact that they too have to live with the lies they've told and the tiny possibility that it might gradually eat them up inside!!
Can someone really be so callous that it doesn't bother them at all???
Yes, I think they can!
Anger is a strong emotion and seems a dominant one on these circumstances.
Try not to let it consume you.
Look at the good things you have that they can't touch and keep going!
You'll have good days and bad!
Make the good ones count.
Big hugs
YoH

I think some people actually believe the lies they tell. Does anyone know what happens if the FA won't go to court to give evidence? Could a prosecution proceed anyway without her?

[Shawshank]

I believe they can choose to continue

[Franticwithworry]

I believe they can choose to continue

So the defence has no-one to cross-examine? And it's the Prosecutor's word against the Defendant's?

Ugh!! What craziness!