Closed Case Reopened Need Urgent Help

[incognito]

To give an outline and nothing more, I was arrested a while ago, accused of rape and sexual assault. Interviewed all that stuff, had my bail date set. But before this date, I was informed by the investigating officer that I was no longer required to answer my bail, because the case had been closed, not NFA'd but closed. I was told that unless new evidence arrises it will remain closed. Since then a little while after I got another email from the investigating officer stating, the defendant now wishes to pursue a prosecution. Since then having talked to my sol, I have been told that previously the defendant was not cooperating but now is. Additionally I recently found out the case has gone to the CPS.

Obviously this has all been a nightmare. But I want to understand the situation better, I feel I have been left in the dark. When the police closed the case, was that because the defendant was not cooperating, or because they investigated it and found nothing? Can they close a case just because the defendant 'Isn't cooperating', or is it their duty to investigate it further? Additionally now that it is reopened, can it be reopened without the defendant adding new information? Does the fact it has gone to the CPS suggest there is new information? And on average how long does a CPS decision take? Finally when people talk about a new witness in a case of this nature, what does that mean? As obviously no one would have seen the alleged crime take place.

Thank you in advance.

[incognito]

When I said defendant I mean to say complainant sorry.

[babaelly]

Hey. Sorry to hear you're going through this. In early October I was accused, there was an investigation and the case was dropped 2 months later. Then, 2 months ago, I got a call saying the case was reopened and charges were laid against me. It's hell now.

It doesn't mean there has been additional evidence, as everything you see in the disclosure of the evidence is the evidence that they will be using against you. In my case, it meant that another prosecutor took a look at my file and decided to charge me. At least, this is what I was told.

Your accuser and mine sat in an interview room and gave a statement as a witness on the events that supposedly transpired. When our prosecutor first read the statement, they decided that her statement would be weak in court and therefore did not pursue it.

But as we know in life, people change their minds. Opinions change. Like I said before though, chances are there is not additional information. Rather, just a different opinion.

Any witnesses would be people the accuser contacted that can back up her story. For instance, she could say that she'd contacted her friend and there was a dialogue about how she was raped, showing texts, etc.

Just FYI, arent you the defendant? She's the complainant. You're defending, saying it was concensual/no sex occurred. She's accusing you, and is therefore the accuser/complainant.

[Lolo69]

Hey. Sorry to hear you're going through this. In early October I was accused, there was an investigation and the case was dropped 2 months later. Then, 2 months ago, I got a call saying the case was reopened and charges were laid against me. It's hell now.

It doesn't mean there has been additional evidence, as everything you see in the disclosure of the evidence is the evidence that they will be using against you. In my case, it meant that another prosecutor took a look at my file and decided to charge me. At least, this is what I was told.

Your accuser and mine sat in an interview room and gave a statement as a witness on the events that supposedly transpired. When our prosecutor first read the statement, they decided that her statement would be weak in court and therefore did not pursue it.

But as we know in life, people change their minds. Opinions change. Like I said before though, chances are there is not additional information. Rather, just a different opinion.

Any witnesses would be people the accuser contacted that can back up her story. For instance, she could say that she'd contacted her friend and there was a dialogue about how she was raped, showing texts, etc.

Just FYI, arent you the defendant? She's the complainant. You're defending, saying it was concensual/no sex occurred. She's accusing you, and is therefore the accuser/complainant.

Sorry to hear this babaelly
Am i understanding right ? So your case was passed to cps who answered nfa , then the accuser asked to review this decision . So a second prosecutor after examining the case , decided to charge you without any new evidence.

[babaelly]

Sorry to hear this babaelly
Am i understanding right ? So your case was passed to cps who answered nfa , then the accuser asked to review this decision . So a second prosecutor after examining the case , decided to charge you without any new evidence.

In canada we dont use "CPS" and "NFA". But yes, there has been no new evidence. It was a matter of opinion. Utter bull****.

[babaelly]

In canada we dont use "CPS" and "NFA". But yes, there has been no new evidence. It was a matter of opinion. Utter bull****.

Oh no the accuser did not ask for review. What I do know is the accusers friend slandered me and called me a rapist online, and I submitted a complaint. This complaint may have instigated the prosecutor to look at the file again. I don't know. Its all very secretive.

[Rights Fighter]

Oh no the accuser did not ask for review. What I do know is the accusers friend slandered me and called me a rapist online, and I submitted a complaint. This complaint may have instigated the prosecutor to look at the file again. I don't know. Its all very secretive.

Unfortunately babaelly you appear to have hijacked the OPs thread, and this seems to have caused confusion. Maybe you could start your own thread?

Incognito, it seems that your complainant has appealed the decision not to prosecute. You say you were not NFAd. If the matter was not NFAd then it must have been 'no-crimed'.

All you can do is to wait it out. If there is further 'evidence' then the police will have to investigate this. If it is simply a request to reconsider then unless something has changed (as in there is fresh evidence) then I can't see how they could change the initial decision not to prosecute.