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  • Worried Sick

    I was accused of Raping an ex partner in 2010 in a caravan in Scotland. This arose after I remarried in 2011.

    The first I knew of it was when my dad called me after a detective had visited him to ask about the relationship between my ex and me. I called the detective who basically told me that I should not lose any sleep over it as it sounded like a woman who had been through an unhappy relationship. that was in November 2013. Then I heard nothing until November 2015 when a new detective took over the case and called me on my mobile to ask me to meet for "a chat."

    On the 10th of December 2015 I was arrested and charged with Rape of my ex + 2 other old accusations by an previous ex's daughter who when we split up made the accusations as 1. She thought I might go for custody of her younger siblings (I had no interest in doing this as they are not my kids) and 2. She was caught at 14 sleeping with her boyfriend. Both accusations were investigated by GMP in 2006 and found to have no basis in fact. I gave a No Comment interview on the advice of my solicitor and spent an uncomfortable night in the cells before being taken to the Sheriff court by G4S and put in a cell where I waited and waited for the case to be called. Around 1pm my solicitor arrived furious as he had not even been told I was there and told me I was being released in 10 mins and to make an appointment to see him at his office. Sure enough I was handed my belongings back, (which incidentally the police never listed just shoved in a bag) and was told I could go. No paperwork, no court charge just released. I went to see the solicitor a few days later who told me that although the police were clutching at straws with the case it would probably go to court because Rape these days is a politically hot potato. I was given a Fiscal release and the fiscal wanted further enquiries made.

    Since then I have heard nothing. My solicitor has checked with the fiscal and been told they have never heard of me. Is this good or bad? I don't know but this whole thing is seriously affecting my new family and I, we don't know what to do or where to go for advice on this. I hope someone can give me some advice on what to do next?
    Last edited by Chapelhill; 14 March 2016, 08:49 PM.

  • #2
    All sounds very dodgy to me!

    I can't understand why the fiscal wouldn't have heard of you- there must be a trail somewhere, especially as you were arrested.
    Do you have any release papers with any information? Any bail conditions?

    As you have been charged someone, somewhere will have information.

    in my unfortunate experience of scot's law they arrest and charge then "investigate" if you can call i that whereas in England they make enquiries then decide whether to charge or not. The fiscal's office now have a limited time to decide whether to proceed to court (10 months or so)? but they can apply for extensions.

    What I'm saying- I think- is at this stage, someone will have details of your case. Surely the solicitor should have some details? If you have a case number is it worth contacting the fiscal's office for clarification?

    At the end of the day it's a **** situation.

    i hope you find some answers soon
    They tried to bury us- they didn't know we were seeds

    Comment


    • #3
      Thanks for the reply

      No I have no papers, bail or anything that's what's so worrying I was just released and that was it.

      My solicitor is as puzzled as I am but I don't feel able to get on with life at the moment with this hanging over not just me but the whole family. Solicitors only explanation is that maybe the police have discovered they have no evidence and it is sitting in someone's to do tray again.

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      • #4
        Hi Chapelhill, sorry you've found yourself in this situation and can imagine how frustrating it must be to be told that the fiscal haven't heard of you after all you've been through!

        I had a family member who was held for two days (unlucky for him it was over a weekend) and at the last minute it also didn't go through court. I believe it's called being liberated - no bail etc. The police did come back, less than 24 hours later but it was for a statement from someone who would have probably been for the defence, then there was nothing. Our Solicitor wrote a couple of letters to the P.F. and did get a response although not one that put our minds at rest and I learnt that, that's because they leave the cases open, if you look into the Moorov Doctrine you'll gain some insight into maybe why you were arrested and charged a couple of years later.

        I should add that there was no paperwork given to us either.

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        • #5
          If you've been charged, there HAS to be paperwork surely??

          There is always a document listing the charges you are facing and any subsequent conditions.
          They tried to bury us- they didn't know we were seeds

          Comment


          • #6
            Originally posted by AmandaF View Post
            If you've been charged, there HAS to be paperwork surely??

            There is always a document listing the charges you are facing and any subsequent conditions.
            Hi Amanda, there will be a paper trail and I'm unsure why the P.F. office have told Chapelhill's solicitor they have never heard of him.
            We had no document lisiting the charges though and there were no conditions. The decision to liberate in my Son's case came from Edinburgh minutes before he was supposed to appear in court from custody.

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            • #7
              The only paper trail seems to be with the police. It showed as a pending case on my latest disclosure.

              My solicitor thinks that it may not even have been reported to the PF which is confusing as I was sent to court 😐

              It just seems such a mess

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              • #8
                That would only make sense (to me) if you were liberated from the police station, pending further enquiries.

                My understanding of it is that on the morning you were due to appear in court the P.F. will have received a report from the police about the charge.
                The P.F then liaises with the Crown Office in Edinburgh, then the paperwork is drawn up - the petition. You were liberated so you were not served this.

                I would be asking my solicitor to clarify this.

                Comment


                • #9
                  Thanks Izzy and Amanda for your comments, I think lol.

                  My Solicitor went absolutely ape with the PF when I was waiting to appear in court told her he would make a C*** of her if she continued with the case that day. I must admit when I first saw him at the Police station I was less than impressed he looked like a scruffy legal aid solicitor if you know what I mean?

                  When he turned up at the cells in the court he was all business and knew what he was talking about, so my estimation went up considerably especially when I later discovered he was also an advocate

                  Luckily for me my new wife and family are 100% behind me through this because she says she knows its all rubbish and this only started AFTER we got married. My ex even congratulated us on our wedding however now she has been left with no one to run to when things get rough and is obviously feeling it.

                  Sorry but I know that sounds bitter, but she has basically tried to break up our marriage to suit her own ends and I am furious.

                  I know that in England you can withdraw a complaint but in Scotland once the Police and PF is involved you cant and I think this is what has happened because she has accused her ex husband in the past and withdrawn the complaint later however now it is out of her hands and she could face charges for wasting police time.

                  Comment


                  • #10
                    I think feeling bitter comes with the territory!

                    I often wonder if the reason it doesn't go through court in the end is because there is a suspicion about the accusation. Doesn't help though with the chaos it causes.

                    We just had to sit it out, it's not easy but I'm glad you've got support - it helps big time.

                    The solicitor we saw said that it would show up as a pending case on a disclosure to, not the greatest thing to have on there but there was nothing that could be done about it.

                    Hang on in there, I really hope it's over soon.

                    Comment


                    • #11
                      Sounds a bit of a mess.

                      I know with myself I was interviewed and released without charge and it went to the Ficsal to decided what happened next.

                      It was nearly a year later before I was charged. I remember my sol phoning the Fiscal repeatedly to find out what was happening but they said there was a back log.

                      Sadly these things can take time.

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                      • #12
                        Thanks for the reply Edinguy.

                        just spoke to my sol a few days ago to try and find out whats happening and had a letter back saying as of the 18th May the PF had no active or pending cases against me.

                        Totally confused now as surely the PF would have some record?

                        Comment


                        • #13
                          Originally posted by Chapelhill View Post
                          Thanks for the reply Edinguy.

                          just spoke to my sol a few days ago to try and find out whats happening and had a letter back saying as of the 18th May the PF had no active or pending cases against me.

                          Totally confused now as surely the PF would have some record?
                          That's really strange. Even if there was a backlog and it wasn't being investigated yet would it not be logged somewhere though?

                          What did the sol think was going on?

                          Comment


                          • #14
                            Originally posted by edinguy View Post
                            That's really strange. Even if there was a backlog and it wasn't being investigated yet would it not be logged somewhere though?

                            What did the sol think was going on?
                            He has no idea either, he suspects that it could just be that the police have not lodged a report with the PF, or someone more senior has looked at the evidence and papers and decided to shelve it.

                            When I was taken to the court, my wife turned up on the advice of the solicitor and was told I was not there and they had no record of my being due in court.

                            Its just getting confusing now.

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