Historical rape allegations after 6 years

[Cboy]

Hi guys, strange to be in a forum but as I can see the advice on here is very helpful.
My story began in August 2015 the bank holiday weekend. I left my house as usual for work on Sunday morning and then a few hours later my wife rang and asked why the police are looking for me and that they came banging on the door looking for me but I had already left for work and they questioned my wife about the work I did and to their surprise I just graduated from university and had some graduate role with a company, so they left leaving behind their contact for me to contact them which I did immediately and I was invited to come and speak to them regarding an assault that happened in 2009.
I immediately took time off work and went to speak with them because I was confident I have not committed any crime but as I got there I was arrested on a rape allegation made against me and that the description from the alleged victim fits me and also my car fits the description. Firstly I only bought my car in January 2015 and secondly the alleged victims description never matched. I was later offered a duty solicitor and she read the victim statements and she herself couldn't make sense why I was arrested in the first place, I was then bailed to return for a video parole or something so that the alleged victim can pick out who her accuser was. I was advice to get a criminal lawyer which l did in my case and a few weeks later I was told that the alleged victim picked me out.
Now the funny bit of all these is that on the day the alleged victim claimed she was raped, I was all day in the hospital with my wife expecting the birth of our first son and also the addresses she claims this took place, I have never been or no anyone in those addresses and she has claimed she was rape twice by this same person that don't fit my description. I was left to leave the police station on bail and I left, now this is the serious bit that got me all mad about the situations on my way out of the police station, I was driving back home with all my police bail documents and all of a sudden I had a blue police light on my back pulled me over and attempted to arrest me for this same alleged offence, now that's when I took things more seriously and have been on bail sinced then and have been inform that my case is being passed on to CPS. I have had no problems with the law my entire life and having such an allegation attached to your name is what's getting me worried. I'm just a simple family guy, I don't drink, I don't club or even chase after women as I have a whole lot of other issues to handle. I have no idea of any female that would hate on me neither have I got any idea of who the alleged victim and her witness is. I am now waiting on the outcome from the CPS if at all there's any. I will appreciate any advice. Thanks

[Rights Fighter]

How did you feel with the duty sol? Confident? In which area did the alleged rape take place? This would be where any potential trial would be, so if there is a charge, if you are a legal aid client you would need to instruct a local specialist.

[Casehardened]

Hello & welcome to the forum,

As you don't know the accuser she could not have known your address and therefore the only way the police could have obtained this is via your car description/registration number.

How old is the car? (I'm wondering if it is a case of mistaken identity; i.e. the owner at that time was involved with the accuser in some way)

[Cboy]

The car is 7years old and I'm only the second previous owner and I bought the car in Manchester area and live in the Kent area where the alleged offence took place.

[Cboy]

Duty solicitor

As with the duty solicitor, I did feel at times she was part of the police due to some certain questions she was asking, so that's why I went and got myself a proper criminal lawyer to represent me as I was advised to do so. But she still maintained that this is no case as the alleged victim description of the offender could have easily been anyone from my racial background. She described her attacker as being bald and I have full hair on my head, I wear glasses all the time and she didn't mention that, so I don't really know what's going on as on the day of the alleged offence I have an account of where I was and even prior to that.

Hi guys, strange to be in a forum but as I can see the advice on here is very helpful.
My story began in August 2015 the bank holiday weekend. I left my house as usual for work on Sunday morning and then a few hours later my wife rang and asked why the police are looking for me and that they came banging on the door looking for me but I had already left for work and they questioned my wife about the work I did and to their surprise I just graduated from university and had some graduate role with a company, so they left leaving behind their contact for me to contact them which I did immediately and I was invited to come and speak to them regarding an assault that happened in 2009.
I immediately took time off work and went to speak with them because I was confident I have not committed any crime but as I got there I was arrested on a rape allegation made against me and that the description from the alleged victim fits me and also my car fits the description. Firstly I only bought my car in January 2015 and secondly the alleged victims description never matched. I was later offered a duty solicitor and she read the victim statements and she herself couldn't make sense why I was arrested in the first place, I was then bailed to return for a video parole or something so that the alleged victim can pick out who her accuser was. I was advice to get a criminal lawyer which l did in my case and a few weeks later I was told that the alleged victim picked me out.
Now the funny bit of all these is that on the day the alleged victim claimed she was raped, I was all day in the hospital with my wife expecting the birth of our first son and also the addresses she claims this took place, I have never been or no anyone in those addresses and she has claimed she was rape twice by this same person that don't fit my description. I was left to leave the police station on bail and I left, now this is the serious bit that got me all mad about the situations on my way out of the police station, I was driving back home with all my police bail documents and all of a sudden I had a blue police light on my back pulled me over and attempted to arrest me for this same alleged offence, now that's when I took things more seriously and have been on bail sinced then and have been inform that my case is being passed on to CPS. I have had no problems with the law my entire life and having such an allegation attached to your name is what's getting me worried. I'm just a simple family guy, I don't drink, I don't club or even chase after women as I have a whole lot of other issues to handle. I have no idea of any female that would hate on me neither have I got any idea of who the alleged victim and her witness is. I am now waiting on the outcome from the CPS if at all there's any. I will appreciate any advice. Thanks

[Casehardened]

The car is 7years old and I'm only the second previous owner and I bought the car in Manchester area and live in the Kent area where the alleged offence took place.

So the car was in existence at the time of the allegation but not likely to have been around in that location.

The puzzle is still then, in view of all the discrepancies re. your description, why the police chose your door to knock on unless of course you were already 'known' to them (please don't respond definitively to this surmising on my part as this forum is open to anyone to view and we wouldn't want anyone to be identified from their posts)

[Rights Fighter]

Could be that he has no previous (or relevant previous) and that roadside CCTV captured the car registration number, which took the police to this new member.

[Casehardened]

Yes agreed, this is a tricky one to advise on!

We normally suggest that strong defence evidence is not provided to the police as they will reinterview the accuser regarding this evidence.

If the accuser is motivated by revenge, custody, or compensation issues, they may then change their statement to suit (i.e. in this instance where Cboy has an alibi for that day, she might say "Oh, my mind was all over the place due to the trauma, it was actually a week later)

However as Cboy doesn't know his accuser, there should be no reason for her to accuse him and so, confronted with this evidence, she should admit to making a mistake.

What worries me though is that she picked him out in the ID video parade?

[Rights Fighter]

I've seen people convicted when they have not been picked out and look nothing like the photofit.

There are probably thousands of people who vaguely resemble the assailant and this guy just happens to be one of them. My concern is getting him the right reps if he needs them.

[Cboy]

Video parade

With regards to the video parade evidence, my solicitor requested that he be present during the video parade and he was not informed about when the identification process was going to take place. I have been thinking and taking my memories far back as I can remember and I have actually not even been with any woman that I don't know of and at my age I still can remember each and every woman I've been with an non of which was arguably having any sexual relationship without consent. So it really puzzle me who this wicked and evil person could be.

[stalked]

However as Cboy doesn't know his accuser, there should be no reason for her to accuse him and so, confronted with this evidence, she should admit to making a mistake.

As I understand what Cboy has written, he hasn't been informed of the identity of his accuser. Therefore, he may, in fact, know them (but have no idea of that they have made the accusation or why). Even if he doesn't know the accuser, the accuser may be aware of him and have, for some reason, chosen to make this FA. Of course, it is also entirely possible that the accusation is based solely on a (mis?) identification of the vehicle.

[Rights Fighter]

It might not be a false allegation, of course. Just a misidentification of the perpetrator

[stalked]

It might not be a false allegation, of course. Just a misidentification of the perpetrator

Yes, of course, quite right.

[Casehardened]

With regards to the video parade evidence, my solicitor requested that he be present during the video parade and he was not informed about when the identification process was going to take place. I have been thinking and taking my memories far back as I can remember and I have actually not even been with any woman that I don't know of and at my age I still can remember each and every woman I've been with an non of which was arguably having any sexual relationship without consent. So it really puzzle me who this wicked and evil person could be.

I've been thinking back as well and I can't recollect any case that has come to this forum where the accused member has no idea who their accuser is, there is usually some tenuous connection albeit very historical.

Presumably the police told you her name at your interview; and still casting around for a logical explanation, might she have changed her name through marriage or something and it is actually someone who knows you?

In theory if this is a completely random accusation and her description of her alleged attacker doesn't fit you plus your alibi for the date of the alleged attack, then this (eventually) won't go any further; I appreciate though that you are still going to worry about it!

[NB I will be offline for about 12 hours from about 3pm]

[Rights Fighter]

I shall try to stay with this one, although I am at retrial after a successful appeal last year, so will be back in court tomorrow and Tuesday, maybe Wednesday. The only wifi I can get is in the hotel as none at court. I do hope I am back behind my desk some time in this coming week!

Keep posting OP!