NFA Opened back up

[incognito]

So here I am again, back in this hell. I was arrested a few months ago for rape and sexual assault, the complainant is an ex girlfriend. The case was given an NFA, but now I just got the devastating news and frankly my worst nightmare, that I have to go through this again. The complaint wants to proceed with prosecution apparently, so the case is back open. I just dont know what to do, I have lost everything already the first time around. I was at uni but they susepened me and I am still suspended, I had to move back home and I lost all my friends. My suspension was close to being lifted as it had been given an NFA but now the police have informed them it is back open, so that won't happen. I am just lost for words and so hurt does anyone have any advice maybe you have been through this before, is there anything I can do? My solicitor has been informed already. If not sorry for the rant. I just dont know if I can make it through this again. :'(

[Franticwithworry]

If there's anything worse than a false accusation it's a re-opened case when you have been told it's gone away. I really do feel for you and I'm sorry, I've no really useful advice, you seem to have done all you can do for the moment.

I just wanted you to know that I'm thinking of you.

[incognito]

Thank you for your words. I was so happy about the NFA I was about to come here and ask for my bananas, this forum was tremendously helpful for me. Especially as it seems like the police are always leaving people in our situation in the dark until the very last minute. Its absolutely horrible.

[hello88]

wat!!!!!!!!! what was the reason for the NFA? surely its not up to the complainant!! its weather the police thinks their is sufficient evidence for a prosecution??? big hugs though xxxxxx

[incognito]

Insufficient evidence is what I was told. But what I really want to know is; can the complainant cause the file to be reopened without new evidence or do they have to provide something? Im told by my lawyer I could be reinterviewed and such. Its been a tough day Hope everyone else here is doing okay though, I can't stress how amazing the people here are, truly gave me courage when I couldn't find any in myself. Always been a laker before, this is my first post.

[Question.everything.32]

Hey mate I think the fact she wants to proceed with the complaint is classed as new evidence I've recently had an nfa too based on fa not wanting to take things further they didn't even send my dna swab to the lab or any of my things I.e clothes and phone but I was told if she wanted to go further in the future it would be reopened so have to live in limbo for the rest of my life I truly feel for you pal I'm a shadow of my former self at the minute so know exactly what your going through and wish you all the best

[incognito]

Hmm thats weird man, by my understanding they still investigate even if the complainant withdraws but I might be wrong. Tough times, the NFA was just setting in

[Question.everything.32]

That's exactly what I thought too my fa was from my own step daughter (who's in care ) long story but when my wife spoke to oic after I got the nfa she asked about DNA and stuff and oic said it was very expensive to send to the lab so they didn't as SD refused to do a video statement so it was nfa but if she changed her mind in the future then they would look at it again leaving me now constantly looking over my shoulder

[incognito]

Its just horrible, the panic attacks, depression, paranoia, trust issues. Its just the biggest weight on your shoulders. And such a hard topic to get meaningful accurate data and so emotionally bound on all sides. The laws in Ireland by my understanding are so incredibly one sided.

[slowdown73]

It's possible your accuser may have asked the Police to appeal the decision of NFA or provided some kind of further information/evidence to support her story which might explain why the case has been reopened. How long ago were you told it had been dropped? It's terrible you're having to go through the situation again.

[Mrs Forgetful]

I am sure I read on here that NFA can be opened again if there is fresh evidence. Maybe the accuser has asked a friend to say that she was told about it, when before that "evidence" wasn't there? I think your solicitor should be able to make enquiries as it could help your defence.

[Rights Fighter]

NFA's can be resurrected. I've seen that happen for years. There usually has to be a good reson ie fresh evidence. However, if it is the complainant who as requested it, then there are various reasons why the request would be granted.

For instance, if s/he's found a new witness (that does happen in genine cases so I won't write here "another liar" although it can apply if it is a false allegation of course).

If the reason for NFA was that s/he withdrew the charges without giving a reason. Or s/he withdrew the charges because they couldn't face going through the investigation and trial and has now changed their mind now they have thought about it.

There can be any number of reasons. However, they can't just resurrect an NFA (where insufficient evidence was the cause of the NFA) merely on the basis that the complainant wants to resurrect it. There has to be good reason, otherwise what would be the point of NFA in the first place?

[Lucky]

There must be new evidence and your solicitor should be bang on top of it.

really sad for you....you beat it once...you can beat it again !!!

[IRB777]

What is probably going on at the moment is an appeal by your FA to get the case looked at again by the CPS, all NFAs have a 3 month window of appeal after a NFA. I found this out when i was NFAd as i couldnt get my property back until this window had closed. Just sit tight they will probably look at it again come to the same decision and give you a 2nd NFA. Then it is totally finished. New evidence is unlikely at this stage i would think.

[incognito]

So i spoke to my lawyer, case is reopened turns out she doesn't have to bring any new info to reopen the file. Its like when you first get arrested, a complaint is evidence in itself. She had a chance to appeal and didn't I have no idea why its happening now. Its pretty horrible, but by my understanding I am essentially in the same position I was when I was on bail, no worse no better. Obviously its crushing to have been given false hope and be back here. But we gotta stay confident in the system and keep pressing forward, we know the truth, and the truth will prevail. Peace and love y'all.