Liberation by PF in Scotland due to Insufficiency of Evidence...8 months on...

[Wronglyaccused2016]

Hi folks,

Looking to chat with people who may have a similar experience to me.

This is a bit long winded but bear with me.

8 months ago I received a phonecall from the Police asking if I could come into speak to them regarding an allegation made against me. No info given obviously so as a law abiding citizen I went to see them.

I was interviewed and told that an allegation had been made against me for an alleged rape.
No names where given at that time.

I was told they had traced me using their DNA Database as traces of my semen had been found on the alleged victim.

I had all my belongings taken from me an placed in a cell.

I was offered a duty solictor and of course accepted.

A quick meeting with them who advised that there is very little evidence.
With DNA being used I didnt agree with that comment but law is not my profession so I took their advice to go into the official video recorded interview and take the 'no comment' stance throughout the questions.

All throughout the process both the Police officers/CID had told me I had nothing to worry about and that this was all procedural and would be released shortly.

The interview went ahead and I was told more details of the event.
The woman claimed that I had forced myself on her, although the evidence from the Police Rape kit could not confirm penetration nor any physical damage to her. This info was given to me in the interview believe it or not!

I took the advice of my solicitor.

Now my side of the event is very straightforward and I have no qualms in saying this, but my lawyer wouldnt allow it.

For the purpose of this forum I will give basic details incase it goes any further.
Simply I met the girl in a club, we drank heavily and went back to mine. We both laughed and chatted and we both agreed that we were too drunk and tired to do anything other than kiss.
We fell asleep.
I woke up the next morning and she was touching my penis. I reacted by kissing her.
There was no sex (embarrasingly for me), just a grope under the covers and a "quick" response from me.

I came in her hand to be frank.

Later that morn I called her a taxi and we never exchanged numbers, another one nighter to be never seen or heard from again....or so I thought.

So after the interview the Police said they were charging with a lesser crime of attempted rape.
Needless to say I was stunned.
Clearly to me this allegation was false and completely untrue.

This was a Sunday night, I did not attend court until the Tuesday, thus missing my work on the Monday without the option to inform them or anyone of this.

I got taken to the holding cells at the sherriff court at 7am, I spent the whole day in a holding cell with 5 other men.

At approx 3pm I was approached by a g4s officer and told that I was being Liberated.

I got taken out of the cell, I did not go into a courtroom nor did I get any paperwork detailing any charges.

I approached a desk and was given all my personal belongings and asked to sign a letter that they would not give me a copy of.
They stated that people in my situation DO NOT get any paperwork, which I thought was extremely odd but as I was getting out I did not query it at the time.

On that letter it stated that I was being Liberated due to "insufficiency of evidence".

Now after the court I spoke to my solicitor who had no idea that I was released!!!

He stated that although I had been released that due to the alleged crime being common law, the PF could revisit it at anytime!

Thats the part that has me writing here again...8 months on, I have paid my solicitors fees, and heard nothing else.

Now I researched the net which seems to only give information based on a suspect getting bail or being charged.

Does anyone know if there is any protocol of the time limits for PF to decide to take this to trial (if it ever will or not)or any website/organisation that gives help or advice to people like myself who are basically in limbo?

Any help appreciated and any questions I'll try my best to answer.

Thank you

[Casehardened]

[I've moved your post to this section of the forum as it will be more appropriate for any responses to be posted here]

[Wronglyaccused2016]

Thank you

[I've moved your post to this section of the forum as it will be more appropriate for any responses to be posted here]

Thank you very much.

[Rights Fighter]

I think that "liberation" in England is NFA - NO Further Action.

You mentioned court. If you were NFAd how did you come to be in court?

[Franticwithworry]

RightsFighter, so far as I'm aware, in Scotland the accused can be, and is often, arrested and then liberated from court which means effectively that there is a court hearing from which the accused is released on a 'no further action' basis.

Sometimes liberation happens before the court hearing.

In my man's case, he wasn't arrested because we live in England, but he ended up in court without ever having been questioned by the Scottish Police, and though it was agreed by the legal beagles that no crime took place, the complaint, such as it is, stays on record. That said, we were told that no case of this kind has been resurrected in our lawyers experience, which though grossly unfair, may comfort others in the same situation.

[Wronglyaccused2016]

I think that "liberation" in England is NFA - NO Further Action.

You mentioned court. If you were NFAd how did you come to be in court?

Thanks for your reply, that's what I am trying to confirm but there seems to be no official government website for this info.

The Police up here charged me, and as procedure up here I was taken to the sheriff court but the Procurator fiscal decided there wasnt enough evidence to proceed through court. So although I attended the cells of the court house I never set a foot in a courtroom.

Thanks again

[Wronglyaccused2016]

RightsFighter, so far as I'm aware, in Scotland the accused can be, and is often, arrested and then liberated from court which means effectively that there is a court hearing from which the accused is released on a 'no further action' basis.

Sometimes liberation happens before the court hearing.

In my man's case, he wasn't arrested because we live in England, but he ended up in court without ever having been questioned by the Scottish Police, and though it was agreed by the legal beagles that no crime took place, the complaint, such as it is, stays on record. That said, we were told that no case of this kind has been resurrected in our lawyers experience, which though grossly unfair, may comfort others in the same situation.

It is unfair and I have been told it may appear on my disclosure checks from work.

It's unbelievable that in this day in age that you can be left guessing from an official source such as the law.

The term "liberation due to insufficiency of evidence and the legal procedures that go along with it dont seem to be documented anywhere online.

Thanks for your reply.

[lawlessone2009]

Have a read:

http://www.daftmoo.org.uk/mooforum/s...ppy-to-discuss

Something similar happened to me.

The PF can revisit things at any time.

It could be the case that there is a High Court appeal in the pipeline and they are awaiting the outcome before proceeding against you.

Have you been back in touch with your solicitor to see if anything is happening? I would most likely encourage you to wait until 12 months have lapsed before making efforts for clarification from the COPFS (PF). This is the length of time that it takes for a 'time bar' to become valid and any further action presenting the PF with obstacles to overcome before proceeding with a prosecution.

The wait is agonising and torture!

The 'no comment' interview appears to have been a valid approach in your circumstances. It is mightily good that you had the services of a legal professional and acted on their instruction.

I'm not entirely sure that 'attempted rape' was the correct charge to present from the details that you have given. I would have hazarded a guess that 'sexual assault' would've been more fitting. Still, someone decided to present the charge and the rest is outwith your control. My opinion is that you are in a positive position, should wait until the full 12 months have passed and then make enquiries as to what the future holds.

I would also actively encourage you not to sleep with strangers. You are currently experiencing a very nasty lesson which will be hard to recover from, don't expose yourself to any further and especially not considering that 'corroboration' will be found by linking any future episodes to your current situation.

[Wronglyaccused2016]

Have a read:

http://www.daftmoo.org.uk/mooforum/s...ppy-to-discuss

Something similar happened to me.

The PF can revisit things at any time.

It could be the case that there is a High Court appeal in the pipeline and they are awaiting the outcome before proceeding against you.

Have you been back in touch with your solicitor to see if anything is happening? I would most likely encourage you to wait until 12 months have lapsed before making efforts for clarification from the COPFS (PF). This is the length of time that it takes for a 'time bar' to become valid and any further action presenting the PF with obstacles to overcome before proceeding with a prosecution.

The wait is agonising and torture!

The 'no comment' interview appears to have been a valid approach in your circumstances. It is mightily good that you had the services of a legal professional and acted on their instruction.

I'm not entirely sure that 'attempted rape' was the correct charge to present from the details that you have given. I would have hazarded a guess that 'sexual assault' would've been more fitting. Still, someone decided to present the charge and the rest is outwith your control. My opinion is that you are in a positive position, should wait until the full 12 months have passed and then make enquiries as to what the future holds.

I would also actively encourage you not to sleep with strangers. You are currently experiencing a very nasty lesson which will be hard to recover from, don't expose yourself to any further and especially not considering that 'corroboration' will be found by linking any future episodes to your current situation.

This is the bit that is getting me. On all the goverment/COPFS websites it mentions this 12 month period for those who have been bailed but no mention of Liberation.
It's confusing that the Police reckoned there was enough evidence to arrest and charge me yet the PF decided there wasnt.
My solicitor had advised me that they had ALL the evidence they were ever going to get in the case.

I have not spoke to my solicitor yet as I really can't handle revisiting it just yer but I will soon...


It was originallt going to be a charge of rape but the Police seemed to have a private discussion with my solicitor and all of a sudden it was changed to an atenpted rape.
Again no evidence that penetration took place nor any signs for force or bruises/marks.
The only evidence they had was the DNA from my semen found on her side!

It's a total mindfield and a joke that the PF can make a man wait so long for an answer, all the while allowing the stress levels to rise.

What concerns me is that there seems to be no official care group in place (bar this forum) for men who are falsely accused of rape in this country. That is inherently wrong!

I shall have a read through your post, thank you for replying. It's been helpful seeing that someonw else has gone through this hell.

Thanks

[lawlessone2009]

Hmmm...

Your 'liberation' does not stand in the way of the time bar. The clock starts ticking when the charge is presented by the Police.

A lot of things can happen within 12 months. There are external cases happening throughout the country which could have a bearing on your case. What is counted as 'evidence' can be changed with one court finding. It is a total minefield.

What appears to have happened is that the Police have presented their charge but the COPFS/PF are not prepared to take a chance on obtaining a successful prosecution. This could literally change on Monday depending on what appeals are running through the court system at the moment. Regardless, they have 12 months.

After 12 months they can still raise a prosecution but need to do so with permission of the court. The longer the period the less likely that permission will be granted.

The justice system does not care about the accused. Nobody is willing to support those accused of crimes. It is you and your solicitor, unfortunately.

This forum provides a lifeline. It provides support. It provides insight. It can provide advice although somewhat limited as there are lines which cannot be crossed (legal information is for legally qualified folks to provide). Everyone on here, no matter who they are or what their background is, is able to provide someone else some information or experience which improves their position. The majority of us have experiences and knowledge which when brought together within a group can provide an almost complete support and information network covering nearly every situation which anyone will find themselves within. Fortunately we are here. This is about as good as it is going to get.

I would actively encourage you to wait out the 12 months before attempting to rock any boats. The pain, the stress, the suffering and the total sense of injustice is perfectly normal and understandable. It's a total rollercoaster of emotions and thoughts. There is nothing anyone can say that will make any of it better. You will need to grin and bear it. Even my typing of reassuring words won't quell your suffering but please understand that there are many before you and there will be many afterwards. You are currently experiencing a negative part of the journey through life. You will come out the other side as a better and stronger person. It's an horrific experience and will take time to recover from but you will come out the other side and look back on this period in life as something surreal and not to be repeated.

[Rights Fighter]

It is great to see you back in here LL1

You have been missed

[lawlessone2009]

I pop on every so often. It's finding the energy and the clearer mind. No use me ranting. I semi-slipped into ranting there.......

[Rights Fighter]

No you didn't

It's just so lovely to see you here sometimes! With your knowledge of how things work in Scots law you are invaluable.

[lawlessone2009]

Ocht... No idea if that's still the position. Things are evolving so quickly within the legal system.

I'm actually surprised that the 12 month rule is still in existence! Protections are quickly crumbling in favour of easiness and quickness. It's a sad and painful time to find yourself accused of anything...

[Wronglyaccused2016]

Hmmm...

Your 'liberation' does not stand in the way of the time bar. The clock starts ticking when the charge is presented by the Police.

A lot of things can happen within 12 months. There are external cases happening throughout the country which could have a bearing on your case. What is counted as 'evidence' can be changed with one court finding. It is a total minefield.

What appears to have happened is that the Police have presented their charge but the COPFS/PF are not prepared to take a chance on obtaining a successful prosecution. This could literally change on Monday depending on what appeals are running through the court system at the moment. Regardless, they have 12 months.

After 12 months they can still raise a prosecution but need to do so with permission of the court. The longer the period the less likely that permission will be granted.

The justice system does not care about the accused. Nobody is willing to support those accused of crimes. It is you and your solicitor, unfortunately.

This forum provides a lifeline. It provides support. It provides insight. It can provide advice although somewhat limited as there are lines which cannot be crossed (legal information is for legally qualified folks to provide). Everyone on here, no matter who they are or what their background is, is able to provide someone else some information or experience which improves their position. The majority of us have experiences and knowledge which when brought together within a group can provide an almost complete support and information network covering nearly every situation which anyone will find themselves within. Fortunately we are here. This is about as good as it is going to get.

I would actively encourage you to wait out the 12 months before attempting to rock any boats. The pain, the stress, the suffering and the total sense of injustice is perfectly normal and understandable. It's a total rollercoaster of emotions and thoughts. There is nothing anyone can say that will make any of it better. You will need to grin and bear it. Even my typing of reassuring words won't quell your suffering but please understand that there are many before you and there will be many afterwards. You are currently experiencing a negative part of the journey through life. You will come out the other side as a better and stronger person. It's an horrific experience and will take time to recover from but you will come out the other side and look back on this period in life as something surreal and not to be repeated.

Are you saying Liberation is the same as bail?

Everywhere I read about the 12 months thing it says if the accused gets bail. Not one government piece of info say the word 'liberated due to insufficiency of evidence' yet that is exactly what was written on a court document that released me from the cells. It seems unusual to me but I am now resigned to the fact that I do need to see out the 12 months and see if it comes to anything.

It is ridiculous like you say that there is no.support for guys like us who have been falsely accused!

It has been ridiculously stressful and I guess I'll need to accept that it will be until at least March.

Thanks again for your response, its very much appreciated.