Falsely accused historic rape !!

[Reggie]

Hi, I'm looking for a little advice...

Please don't judge me, especially by my past as it is so far in the past, I've taken myself from hopeless IV Heroin/Crack/Benzos addict for 14 yrs yada yada to a bloke with 14yrs clean under his belt, married for 10yrs, children, grandchildren, nieces n nephews and allowed to see them all. and despite licence and S/S and one offence back in 02 NO restrictions around kids contact/working with them (except the obvious jobs !) as i am thought of really well and trusted big time ! Also a Shop Manager who works despite amputation as don't want to sit on Benefits...(kids in n out all day and police/Prob fine with it !) point is, I'm the polar opposite of who i was 20 yrs ago !!

My off in 02 was THE catalyst for me to change EVERYTHING in my life and finally sort my **** out... my 'rock bottom' (Not even leg amputation could stop me using but this, did immediately !! (Slept with girl, didn't know age, parted good terms, 2days later her junkie mum turned up saying i slept with u age, girl (her) and wanted cash/car/drugs from me... it all came out week later and police said rape as was 13 !

I admitted everything from the start, took my time, changed my life and here i am 14yrs later a trusted successful professional !

Despite on licence still untill June (8 successful years ) I'm on bail as there are no concerns about me at all !

Right, arrested other day, suspic rape in 96 at flat i shared with 2 others during party in middle of the massive and only common area on 1st floor above shops while ALL 'partygoers' were upstairs in private areas apparently which is wrong logistically and as well as 'partygoers' 2 of the lads living there sold drugs and common area was so busy with buyers up n down all day n nite too...

* Said she went downstairs with me (why ? No one said !) And well, you get the picture...

* Said specifically it happened on a Dk Burgandy couch/suite/chair -- i can prove (witnesses/pictires ) that ALL and ONLY furniture in that flat was 'light minty green' !

* Said that one of other renters walked in and witnessed it no more than 6 feet away and her in Gothic getup, me doing God knows what ( theres no love lost between me n him as we parted badly and since we last spoke he would have been aware of my off so his opinion wont have improved. Police went to speak to him and he isn't backing her, says has no recollection of that !

* This flat was busy daily nevermind if people were gathering, suppliers, buyers, locals, friends, friends of friends etc and everyone had to go right through where she says it happened and would have stopped it or reported it ! Not to mention 'partygoers' up n down n people going shop. It had 2 floors above shop 1st massive front/dining common room with open doors at both ends and the only room big enough to get more than 6 people in and kitchen n small bathroom while up again the same area is 2 single bedrooms, landing bathroom and double bedroom which is only a little bigger than the others and stairs too... No room for a party !

Wouldn't have strangers upstairs in private areas (have i sat in bedrooms at times, course but we hung about downstairs above shop opposite park hanging out window a lot... ) flat was crazy chaos, young idiots 20yr old while she was 14, no responsibilities, selling, using etc etc...
* people would have seen !

*she said she had a drink while there and was 'Queezy', she hasn't mentioned drugs or said i gave her anything BTW ! So how good can she remember/recall well ?

* I don't remember her or her name, never been with a 'Goth' period ! Did (not only me) our flat sometimes get out of hand with people in n out on normal day and have a somewhat 'open door' policy at times that extended to every Tom Dick 'N Harry and sometimes people we spoke to out the window that hung around... Yes ! How old was everyone ? Dunno ! But normally we were all similar age rather than older or under. We were all well known in the area, the 'cool' lads we thought, clubbing, taking drugs, doing up cars with fat sound systems, motorbikes etc etc a complete waste of my life, i was using from 15 till 28 and 8 years were the worst drugs in the worst way, it was actually later the same year i started using Heroin etc... but at that time i sold/smoked weed and my m8 sold speed n that was that really, ocassional drinking binges...
--------------------------------
Either she has intentionally/unintentionally made it up/ put 2 + 2 together after hearing about my case years ago and adding my name to a hazy memory where she didn't have a name before ?

Or... God forbid, something has happened to her in a Dk burgandy armchair just not at that flat because there wasn't one or at that time/on that night with that witness as he doesn't remember what WOULD stick in his mind and deffo not me !! ??

I hope not but come on... !! So the police are away thinking about things and i guess talking to the CPS as they haven't charged me with anything while I'm slowly losing my ****, can't focus on anything in my life and all the progress I've made and my Wife and my Family slipping from my grasp as we speak... i literally collapsed when they came round and the Copper had to pick me up !!

***Surely her being wrong on 2 out of 3 points (one a witness (or not as this is) ) leaves it a very small stretch of the imagination to think she's wrong about point No 3... me !?!?

Just to add, i was still in long term relationship at that time, acted like an idiot yes but unfaithful ? NEVER !

[Casehardened]

Hello and welcome to the forum,

I've not altered any of your wording but just added spaces between the paragraphs for easier comprehension.

Just to summarize your points, in 2002 you admitted to an offence, (presumably statuary rape as she was under 13?) for which you are still on licence for.

You are presently on bail for a false or mistaken accusation of rape made very recently (you quoted 'the other day') by a girl who would have been 14 at the time the alleged offence occurred in 1996.

If you get a chance to look at other member's stories on here you will note that the first response from the police is to believe the complainant and unfortunately your later admitted offence will reinforce this view.

It will probably being a matter of sticking it out until investigations take their course but did you mention the discrepancy regarding the colour of the sofa during your interview? If not it might be best to keep this card close to your chest especially if you can find someone who will testify to this otherwise the police will reinterview her and she may say 'oh I made a mistake it was XYZ's sofa which was burgundy'

It is also helpful in formulating any necessary defence if you can think of any motive for her to only now make this accusation.

Have a look at this link, it may answer some of your general queries:

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

[Lucky]

when you're in the situation you find yourself in, its common to try and just latch onto small things to try and make yourself feel better. honestly that probably not the best thing.

you need to face up to what you're potentially going to have to battle. I just don't like to see ppl get broken at bad news.

the fact that there are some errors in the FA's verison of events, is obviously to your advantage, but ultimately, you need to be prepared for the worst, so that any small victory feels like a massive one.

do go to the post that has been referred to in the post above mine, as it sets out what happens next. main problem I see you having is your previous conviction. you really need to get some proper lawyers involved.

depending on your location, check the recommended solicitors thread, or try to the firm in my signature, as they are who I recommend.

don't do yourself crazy and fall into relapse over something like this.

you need to be strong !

[Lilyput]

Sorry you find yourself here Have as lot's of people on here say keep yourself well and prepare for the long haul. It's sad you worked so hard to get your life together only for somebody to come and do this.
My OH has also been accused of historic rape by someone he hardly knew it is extremely hard to get your head around. So Hugs.
It's good she's already made mistakes so try and come up with a good timeline and remember everything you can, as you and the witnesses are telling the truth so your versions should all be the same. FA is lying in court (if it gets that far) she'll likely be asked why she has a different version of the facts to everybody else.

Was a solicitor present at interview and were you bailed?

[Reggie]

* Just to add following admin contact, not just discrepancy regarding colour of 3 piece suite being light green not dk burgandy like she said but also her own witness, a lad who lived there and has no reason to help me as we really dislike each other (more now since 02 i would imagine) is not backing up her specific that he walked in and saw...
That and it was a main thoroughfare for 3 who lived there, friends, friends of friends, drug buyers as two of us sold things at the time etc etc and 'partygoers' too ... point is that flat was heaving with people all the time...
Wrong on two specifics so why not the third specific... 'me' ???
Has she seen/heard my name bandied about and whether intentionally or not has put two n two together and got 22 ???

[Reggie]

Yes, solicitor was present and knows my Probation Off too... she by the way said based on what's been said so far it sounds "shakey" ! Yes, despite on licence still i was not charged and was bailed after a chat 'down the station' only there for an afternoon. The 2 Off had traveled to meet me being brought in... Police (Visor) have been and spoken to me and so has Probation, they have no concerns regarding me and am im still working despite kids in and out all the time... its nice to know they're still on my side...

[Reggie]

Its now looking like we might not have even still lived there then, my parent whose place ot was is convinced of it and online searches seem to back this up... would be 10 months after we 3 moved away ! I'm still not sure, I'm so confused, old bill seem worried i might 'off' myself... still heard nothing, still can't focus on even the simplest of tasks... feel like quitting Job etc etc... place was then sold on just over a year later too but do not know if new owners had furniture or renters that matched... ?
Surely the more her recollections/inventions can be proved inaccurate/unreliable/factually wrong coupled with her own witness not backing her they wont just take the other un-provable one way or other bits as verbatim ??? Surely... this keeps going round n round my head... feel physically sick, sicker than i normally do when i think back on my life !!

[Reggie]

Anyone ? Anything ?
Am wondering what to do sol wise ? Keep duty till bails up then see ? Or instruct a flat fee firm now (£900) to act until charge/nfa ?
Or...

[AmandaF]

Hmmm........ struggling with the details of this one!!

have you actually been charged?

[YearsOfHell]

Reggie
From what I understand, there's not much a solicitor can do unless you're charged.
It would be a waste of money especially if it ends with NFA anyway.
It's best to just write down as much info as you can of what you can remember from the time in question. And keep this to yourself. If you're charged, and you still may not, you can use it in defence.
If you give it to the police they will ask the FA and she will change the dates.
I would hang on to the duty solicitor for now and keep my defence in a safe place.
Prepare for a long wait, these things aren't quick!
Hang in there.
YoH

[Casehardened]

Anyone ? Anything ?
Am wondering what to do sol wise ? Keep duty till bails up then see ? Or instruct a flat fee firm now (£900) to act until charge/nfa ?
Or...

Hmmm........ struggling with the details of this one!!

have you actually been charged?

Hi again Reggie,

Your first post was/is a little confusing but is my summary (which I've also just rewritten to make that less confusing) in post #2 correct regarding your situation:

Just to summarize your points, in 2002 you admitted to an offence, (presumably statuary rape as she was under 13?) for which you are are still on licence for.

You are presently on bail for a false or mistaken accusation of rape made very recently (you quoted 'the other day') by a girl who would have been 14 at the time the alleged offence occurred in 1996.

YOH is correct in that a solicitor can't do much now unless you are charged (especially as they won't even be paid legal aid fees!) on the other hand some members have previously posted that they instructed a solicitor privately pre-charge who contacted the CPS on their behalf; however it is impossible to determine whether they would have been NFA'd anyway.

However what you can do now ready for either instance is make a list of bullet points of the discrepancies in her statement which you have mentioned. Also, as per my post #2, try to come up with a reason for her only now coming up with this FA rather than at the time it was supposed to have happened.

[Reggie]

No not charged, only 3 months short of finally being off of licence and my wife and i getting our honeymoon we've waited 9 years for... so on licence and under visor but given bail straight away because I'm trusted about as much as Probation/Police can trust someone ! I work around kids, worked with vulnerable people at age concern... and allowed to work cutting kids hair ffs all on licence ! Does not being charged/bailed mean anything as in weak case their side or is it normal ?

14yrs drug free, married 9yrs, good trusted responsible community related job... can't lose all for nothing !! Ill do my own time all day long but not someone else's/no ones as didnt happen !! Good honest working friends not scumbags etc... this is tooooooooo much !!
My off in 03 was my rock bottom, if this had happened in 96 maybe i wouldn't have gone on to IV heroin/crack use for 8yrs 96 onwards and in turn sold a lot of that too, it took all i had to get through prison, leg amputation through no fault of own, diagnosis and treatment of Hep C and ressurection of a life from the mess i had made so far... yet here i am, i good honest decent person who goes out his way to help others and this can undo all my hard work !! Sorry for the rant, of helps lol

I'm considering hiring McMillan Sols... their a set fee private lot, at this stage up to charge/nfa its £900 so worth it ?

Don't know her, never met a 'Goth' in my life !!
May 96 we didn't live there anymore ! (as of at least 4 months before)
All furniture there when we lived there was light green not Dk Burgandy ! (Can prove with photos/witnesses as in people before/after we were there)
Logistics all wrong, downstairs common area would be the opposite of an empty wasteland ! Would be lots witnesses and people would have 'stepped in' and that was on a 'normal' day never mind a 'party' !!
Mr X (her own witness i havent spoken to for 20 years and parted on bad terms with) whom she specifically said witnessed it/something denys ever seeing anything...

There's NO part of what she's saying that holds up, only that i and others lived there early 90s on n off but us and our names were common knowledge up to 15 miles away as i sold pot etc (another reason where she stated would be busy) we were the local idiots, causing trouble, not giving a f**k and wasting our lives... but very well known, even infamous in the local area !! To my shame now but hey... at least i got my s**t together finally, shame it took something as bad as 03 to shake me out of it !!

God forbid something has happened to her at some point, i hope not but if it hasn't then she needs counselling at least !! What i can say is i did not commit any crime, period !!

Feel like going for a long wall off a short Pier...

[YearsOfHell]

Don't you dare take that walk!!!

Your past is in the past but you can see why the police/CPS are taking this allegation seriously.
That though does not make you guilty.
You're innocent. Don't ever forget that.
You might find you're fighting for your life if you're charged but hold onto your innocence.
Don't give that up.
Then again, you might not get charged at all.
You've got a future and a life that you need to focus on at the moment.
Keep positive.
You will get through this, sounds to me like you've conquered much worse.
We're here for you.
Hang on tight
YoH

[Reggie]

Thanks, i can see why "he said she said" can sometimes go the "complainants" way when what they're saying is verifiable in more ways than not but in this case EVERY single point that can be checked has proved false so far... doesnt that mean that at BEST she's confused and her word should be considered 'unreliable' whilst at worst 'malisciously false' !! Couple that with her own witness not backing her either and the only thing that can't be checked is that i did 'it'... thing is though that as the rest (where, when, how, witness, specifics ) has already proved wrong how can anyone be sure a crime even happened never mind who may have done it, when and how ?
This surely shouldn't get near a charge... surely not !! This is supposed to be a 1st world country for gods sake ? I try to think "if i was called for Jury duty what would i think ? If I'm honest i probably wouldn't think the accused was innocent as such but also i couldn't think he was guilty either as there's nothing to it...
I'm worried that if charged a trial would mean my life is effectively over, loss of job, friends, life, have to move etc etc... too late even if court throws it out !!
Yeah I've been through a lot before but it took all i have in me to claw my way back from hopeless iv user/dealer with HepC, leg lopped off and a criminal record and that was hard enough never mind trying the same again years from now... i cannot do it again !! I'm trying to focus on work etc but it all just seems so pointless right now... wanna quit job n crawl into a corner !!
I like my life, i never dreamed I'd get this far yet here i am... i love my wife, love my family, i have good mates, decent interests, am happy where i live and work is going great and it feels great to be thought of as a trusted and responsible reliable decent person...

[Reggie]

You would think they would need some of her story to be accurate no ? Small inaccuracies are just that but everything inaccurate... how can someone (she) stand in court and say "well, he did xyz to me... if non of what she's saying holds up so far ? They wouldn't put a witness on the stand who doesn't back the complainant would they ?
At what point does 'unreliable' or become a word used to describe the complainant ?
It would have been better for her to say little wouldn't it ? Because the fact she's so specific and sure about xyz helps me because i can prove her wrong on ALL points so far... they would have to go with "we believe you must have done something to someone at some point but we can't prove what who or when yet we don't care and are gonna lob the book at you anyhow... " ??? Surely that wouldn't fly ???
A victim of my own past despite having paid for my wrongdoings and moved way on !
Forgive me I'm thinking out loud so to speak... feel like I'm wading through treacle in the fog... :-(