Falsely accused of touching a woman

[Daveyjones]

Hi
I got a phonecall from a friend to someone at the pub has made gone to the police and made an allegation against me.
I went straight to the station who said they have an incident number and someone will be in touch.


So from what I gather the allegation is that on the night of the England Scotland game
This girl was very drunk in a pub next door to my local. I was in the pub dancing with friends. The girl was very drunk so took her back to the pub and got her an espresso and order a taxi. She drank the coffee then I walked her to the taxi and she ran off. I went back in to tell the staff then checked the corner and saw her stumble.
I walked this girl home (known as an aquataince for around 3 months). Because she was walking through a dodgy road to get to her place. She couldn't get her keys in the door so I got her in the main door then up to her flat then we chatted for 5 or 10 mins and then I left. Went back to my local, had a glass of water and ordered a taxi home.

The allegation is that when I went into her flat I touched her forcefully and she was scared, she then said she said no and I left.

So I am married man with young kids and my local pub is my entire social life.

Police haven't got in contact yet but have contacted a solicitor for a consultation. Absolutely scared I'm going to get arrested and be embarrassed and get beaten up by someone that believes her. Worst of all is what my wife thinks and if the kids find out. I should note I told my wife in the morning that I walked this girl home, and we have seen her as a family about 3 times in the pub since but she has blanked us.
What do I do

[Daveyjones]

Should say that I am in Scotland

[YearsOfHell]

Not sure of Scottish law at all but other members are so they might be along to assist.
My advice first is don't speak to the police without a solicitor, ever.
Is it's the same as England then it's a winning/losing game and not an innocent/guilty game.
You need a solicitor.
Secondly, don't panic.
At the moment it's just an allegation.
You haven't done anything wrong so keep focussed on that.
Try not to let it take over your life as you may find it drags on fir a while.
Some have waited years after the initial voluntary interview.
My OH was named and shamed on social media despite it being just an allegation but no one has been beaten up, so try not to worry about that.
No angry mob has come to the door!
Most people are very fair and will have their own problems to think about.
Hang in there, it's a bumpy ride but you'll get through it!
YoH

[Franticwithworry]

If you haven't got a solicitor who is a specialist concerning sexual matters, please consider John Keenan of Capital Defence Lawyers in Edinburgh if you can. I don't know if his firm does legal aid if you need that, as were were private clients, but he was truly excellent. It might be worth just giving him a call as he was happy to tell us about the process even before he was instructed formally. Sexual matters are all he deals with.

It's difficult to say what might happen from a legal point of view as you haven't been questioned yet, let alone charged and it really depends on what the eventual charge is and which level of court is dealing with it as to what might happen in the long run. 'Touching' may well mean that it only goes to the Sheriff's court, and it still might all came to nothing. Write down all you can remember of that night and share that with a solicitor, but not the police. The solicitor will help you deal with the interview.

Please don't dwell on worst case scenarios. Most people don't get beaten up and there are things that you can tell your children if you have to that don't give them any detail. If they're very young, they possibly don't need to know anything.

Come back here often and let us know what's happening for you, but above all don't panic. You know the truth of the matter but unfortunately these kinds of accusations are all too common right now. I hope you have the support of your wife and you certainly have our support here.

By the end of Saturday, you should have a much better idea of what you're up against

[Daveyjones]

Thanks for your kind words. Nothing from the police yet, spoke to the solicitor who said the police will call and arrange a meeting and then we will agree a time for an interview. advised to go the no comment route also so we will see i guess we will see.

[Wronglyaccused2016]

Do not trust the police

I would prepare myself,

Get a lawyer!
Read some posts on here (it helped me no end even though my case is far from over).
Write things down so that you dont forget details of thr night in question.
Talk to your loved ones.
Breathe.

Almost everyone on here will help or has suffered the same fate.

Best of luck

[Rights Fighter]

Thanks for your kind words. Nothing from the police yet, spoke to the solicitor who said the police will call and arrange a meeting and then we will agree a time for an interview. advised to go the no comment route also so we will see i guess we will see.

You'll need a solicitor who really knows what they are doing. Are you confident with the one you have? If not, in which area, roughly, are you?

[Daveyjones]

Nearest cities are glasgow and edinburgh, spoke to a firm with a team of 3 that deal with sexual offences and got a senior associate.

[Daveyjones]

So I got the phone call, the police want to interview me under caution. When does legal aid kick in. Is it now or after the initial interview? I said I would need to arrange a time with the solicitor and would call the police back. Told the lawyer and he quoted me 150 +vat. They are definitely registered with legal aid but just don't know where I stand.

I know not to trust the police but sounded a friendly guy and said sooner we can discuss this the sooner you can get it off your mind. As I right this I realise how gullible i sound but I would just cling into anything right now.
The wife is understandably stand offish and I am grumpy with the kids. I hate it so much. I feel like I am going to breakdown every time I see my wife and kids.

[Rights Fighter]

I can't help as I don't know Scots law. I do believe you are entitled to a free solicitor at interview though.

[Daveyjones]

I have contacted the John Keenan recommendation as above to see that we can do.

[Franticwithworry]

I have contacted the John Keenan recommendation as above to see that we can do.

I'm sure they will explain how legal aid works too. Write down everything you want to ask about before you speak to them and then you won't forget anything.

[Wronglyaccused2016]

No friends in Cop business!

So I got the phone call, the police want to interview me under caution. When does legal aid kick in. Is it now or after the initial interview? I said I would need to arrange a time with the solicitor and would call the police back. Told the lawyer and he quoted me 150 +vat. They are definitely registered with legal aid but just don't know where I stand.

I know not to trust the police but sounded a friendly guy and said sooner we can discuss this the sooner you can get it off your mind. As I right this I realise how gullible i sound but I would just cling into anything right now.
The wife is understandably stand offish and I am grumpy with the kids. I hate it so much. I feel like I am going to breakdown every time I see my wife and kids.

My first interview was like yours.

An informal chat....it is NOTHING of the sort...from the moment you walk in you are in their sights to get a charhe raised against you.
You MUST say no comment throughout it all.... even when they greet you... that might sound like a joke but trust me. THE POLICE ARE NOT YOUR FRIEND!

You are just a statistic to them!

Your first interview with a legal aid solicitor should be subsidised as was mine but it was still over 150quid, this is because I was arrested and attended court the next day otherwise it would have been free.

Any decent solicitor should give you time to arrange to pay it btw.

Your eyes are about to be opened about the Police is a way you cannot fathom.

Keep calm, listen, and DO NOT deny or admit anything!!!

[Wronglyaccused2016]

Ps...DO NOT go to the interview without sorting a holiday with your work and tell a friend or family member your whereabouts just incase they detain/arrest you!

[Daveyjones]

I have a good friend that is a copper. I run my own business and have told my wife everything so timing isn't to much of an issue. The no comment thing I think I will have to practice, any tips? I know I am not that confident as I don't know what the lady has said so am fighting in the dark. If it comes out as rape or internal I know I will probably be in tears as it's such a scary thought. I have a good friend that is a cop but am no way near ready for this.
How long do interviews last? Am I allowed to take notes? Am I allowed to record it? What about answering a question with " I have been advised to say no comment and all questions will be answered no comment"?
I am sure they wish threaten me with loss of job and loss of family and going to jail. Anything else they can threaten me with.
Will they blatantly lie and say we have CCTV, phone evidence, witness? I have no idea.
Essentially I reckon I am strong enough, a good coffee and a strong will. They can only break what is willing to be broken.......
Plus I am a competitive little sod so will need to see it as me against them rather than an allegation. I can win that way.