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Hi Guys,
Forgive my incendiary thread name I mean it in the nicest possible way - let me elaborate
This might be my first post but it is most certainly not my first rodeo, I have now been falsely accused 3 times of sexual offences by the same person, the latest allegation being rape.
I am not so naive as to believe that the Police/CPS do not read these forums, so for now my post will be light on detail. Suffice to say for now that I feel due to my substantial experience in the area I should enlighten you as to what I have learned so far.
GO AFTER THEM! - It isn't easy but you can!
As many people have already noted on here - the concept of a Police "investigation" is a total myth. If you have been interviewed by the Police then they are trying to gather evidence AGAINST YOU! This does however NOT mean that they HAVE any evidence against you. What it does mean is that they will carry on their "investigation" as long as they possibly can, irrespective of how much they are destroying your life (in my case the lives of others, including the complainant, but that is for another post).
YOU DO NOT HAVE TO ALLOW THEM TO DO THIS!
Whilst it can be extremely frustrating and it seems you have no powers to do anything, that is not necessarily the case. Shortly I will give you an example of what has thus far worked for me. I do not expect it to work for everyone, however it is worth bearing in mind that the Police do not "play fair". That being the case they do not like "doing stuff", especially stuff that would give the game away. The first allegation was dropped when I wrote to the police (after I essentially knew that the case had already been NFA'd, but they had rebailed me - doesn't matter how I knew, I knew). I asked them a series of questions that I knew they would not be able to answer without compromising themselves. Weirdly enough when I next answered bail they told me it was NFA'd.
When I was bailed this time I was subject to a number of conditions, including not to go to the my house, and not to contact my partner (who is not the complainant). After some research I found that Police bail could be challenged in a Magistrates court (using this form https://www.justice.gov.uk/courts/pr...olice-bail.doc ).
My solicitor was very reluctant for a number of reasons. However, I made it clear to him that I really wanted to challenge the two conditions I had mentioned, he was a bit surprised that I was more concerned about the bail conditions than potentially doing a 10 stretch but I believe the allegations against me are PROVABLY not true, that is to say I have evidence it is not true. He did (sensibly) insist that we ask the Police first to drop the conditions, which I agreed with. Although my solicitor argued (quite reasonably) that there wasn't much point in going to court since the Magistrates nearly always side with the police - he told me I had like a 1% chance of success. I argued that this is a long way from over for me and that just making the police argue their case in court was a "fair result", since to coin a phrase I very much intended to "take down anything they say and use it in evidence against THEM". I argued with my solicitor the potential merits of applying to the court to drop the no contact condition with the complainant (this is not something I necessarily wanted) but my view was that although there was no way that the court would agree to this, it might make the Police say more incriminating stuff against themselves. My solicitor talked me out of this, but the "takeway" is, do not be afraid to consider arguing for things that you will not get, just to make the Police talk.
Soo..
1. He wrote to the Police asking for the conditions to be dropped. They ignored this.
2. After a week, chased it, and we agreed that if they did not come back in three days he would send them a final chase asking for an answer within 72 hours.
3 After three days the Police came back and said - No for reasons that I will not go into.
So, I then insisted that the court papers be filled out. Once done my solicitor had to send the papers to the magistrates court (hearing within 5 days) and serve them on the police.
2 Days later (as if by magic) the Police told my solicitor that they would drop the bail conditions without going to court - what are the chances?
This produces a NUMBER of POSITIVE RESULTS!
a) I can now see my partner!
b) I can now visit my house!
c) I now have a strong indications about my case:
i) The police do not want to see this in court - you see they have to defend the conditions and since the CPS are the defacto solicitors for the police they would then have to send the file to the CPS (which they obviously aren't ready or are afraid to do because internal clocks start ticking once they send the file to the CPS)
ii) Because they have capitulated, they do not have enough evidence to charge me (not the same as enough evidence to get a prosecution btw)
It also produces a NEGATIVE RESULT
d) I have not made them defend their position in court (not yet anyways), so they have not said anything.
Relevantly, I have not asked them to drop all the conditions, so I now have the option to go back later on and challenge them again, which is another method to "force the pace" or indeed use another method.
I won't go into how hard all of this is here. Suffice to say I feel your pain. However, on a practical level I would implore you if you have been falsely accused to:
a) Make copious notes
b) Challenge, challenge, challenge (it is a long slow process) but they do not like doing stuff
c) Even less they dislike saying stuff, so MAKE THEM MAKE THEIR CASE whenever and however you can. Even if they are successful they might say something you can use against them later on - after all that is what they are trying to do to you. In particular try challenging the bail conditions (you get legal aid for it). It is a very little used instrument (even the CPS concede it should be used more).
Anyway like I say - Stop Moaning! - see its not negative its positive - do something - think your case through, and find a way of getting them to dance to your tune!
It isn't a sprint it is a marathon, but I am now committed to this "project" for years to come, I intend to bring prosecutions against the Police and this time (albeit reluctantly) my accuser since she is clearly a danger to myself and others.
I will post some more as and when I can, but for the time being am playing my cards a bit close to my chest so, apologies for the lack of explanation above in certain places.
One last thing. When my solicitor called to tell me this I was in bed (I've spent a lot of time in bed recently, it's the depression, so if you haven't already - get yourself down the doctors and get some happy pills because you have no idea how long this will last) - but after he told me I jumped out of bed with shall we say, a renewed zest for life. I know it is not the final victory so I won't be opening the champagne just yet, but it does make me feel that I am in control of my life! I feel great (lol within reason).
Forgive my incendiary thread name I mean it in the nicest possible way - let me elaborate
This might be my first post but it is most certainly not my first rodeo, I have now been falsely accused 3 times of sexual offences by the same person, the latest allegation being rape.
I am not so naive as to believe that the Police/CPS do not read these forums, so for now my post will be light on detail. Suffice to say for now that I feel due to my substantial experience in the area I should enlighten you as to what I have learned so far.
GO AFTER THEM! - It isn't easy but you can!
As many people have already noted on here - the concept of a Police "investigation" is a total myth. If you have been interviewed by the Police then they are trying to gather evidence AGAINST YOU! This does however NOT mean that they HAVE any evidence against you. What it does mean is that they will carry on their "investigation" as long as they possibly can, irrespective of how much they are destroying your life (in my case the lives of others, including the complainant, but that is for another post).
YOU DO NOT HAVE TO ALLOW THEM TO DO THIS!
Whilst it can be extremely frustrating and it seems you have no powers to do anything, that is not necessarily the case. Shortly I will give you an example of what has thus far worked for me. I do not expect it to work for everyone, however it is worth bearing in mind that the Police do not "play fair". That being the case they do not like "doing stuff", especially stuff that would give the game away. The first allegation was dropped when I wrote to the police (after I essentially knew that the case had already been NFA'd, but they had rebailed me - doesn't matter how I knew, I knew). I asked them a series of questions that I knew they would not be able to answer without compromising themselves. Weirdly enough when I next answered bail they told me it was NFA'd.
When I was bailed this time I was subject to a number of conditions, including not to go to the my house, and not to contact my partner (who is not the complainant). After some research I found that Police bail could be challenged in a Magistrates court (using this form https://www.justice.gov.uk/courts/pr...olice-bail.doc ).
My solicitor was very reluctant for a number of reasons. However, I made it clear to him that I really wanted to challenge the two conditions I had mentioned, he was a bit surprised that I was more concerned about the bail conditions than potentially doing a 10 stretch but I believe the allegations against me are PROVABLY not true, that is to say I have evidence it is not true. He did (sensibly) insist that we ask the Police first to drop the conditions, which I agreed with. Although my solicitor argued (quite reasonably) that there wasn't much point in going to court since the Magistrates nearly always side with the police - he told me I had like a 1% chance of success. I argued that this is a long way from over for me and that just making the police argue their case in court was a "fair result", since to coin a phrase I very much intended to "take down anything they say and use it in evidence against THEM". I argued with my solicitor the potential merits of applying to the court to drop the no contact condition with the complainant (this is not something I necessarily wanted) but my view was that although there was no way that the court would agree to this, it might make the Police say more incriminating stuff against themselves. My solicitor talked me out of this, but the "takeway" is, do not be afraid to consider arguing for things that you will not get, just to make the Police talk.
Soo..
1. He wrote to the Police asking for the conditions to be dropped. They ignored this.
2. After a week, chased it, and we agreed that if they did not come back in three days he would send them a final chase asking for an answer within 72 hours.
3 After three days the Police came back and said - No for reasons that I will not go into.
So, I then insisted that the court papers be filled out. Once done my solicitor had to send the papers to the magistrates court (hearing within 5 days) and serve them on the police.
2 Days later (as if by magic) the Police told my solicitor that they would drop the bail conditions without going to court - what are the chances?
This produces a NUMBER of POSITIVE RESULTS!
a) I can now see my partner!
b) I can now visit my house!
c) I now have a strong indications about my case:
i) The police do not want to see this in court - you see they have to defend the conditions and since the CPS are the defacto solicitors for the police they would then have to send the file to the CPS (which they obviously aren't ready or are afraid to do because internal clocks start ticking once they send the file to the CPS)
ii) Because they have capitulated, they do not have enough evidence to charge me (not the same as enough evidence to get a prosecution btw)
It also produces a NEGATIVE RESULT
d) I have not made them defend their position in court (not yet anyways), so they have not said anything.
Relevantly, I have not asked them to drop all the conditions, so I now have the option to go back later on and challenge them again, which is another method to "force the pace" or indeed use another method.
I won't go into how hard all of this is here. Suffice to say I feel your pain. However, on a practical level I would implore you if you have been falsely accused to:
a) Make copious notes
b) Challenge, challenge, challenge (it is a long slow process) but they do not like doing stuff
c) Even less they dislike saying stuff, so MAKE THEM MAKE THEIR CASE whenever and however you can. Even if they are successful they might say something you can use against them later on - after all that is what they are trying to do to you. In particular try challenging the bail conditions (you get legal aid for it). It is a very little used instrument (even the CPS concede it should be used more).
Anyway like I say - Stop Moaning! - see its not negative its positive
- do something - think your case through, and find a way of getting them to dance to your tune!It isn't a sprint it is a marathon, but I am now committed to this "project" for years to come, I intend to bring prosecutions against the Police and this time (albeit reluctantly) my accuser since she is clearly a danger to myself and others.
I will post some more as and when I can, but for the time being am playing my cards a bit close to my chest so, apologies for the lack of explanation above in certain places.
One last thing. When my solicitor called to tell me this I was in bed (I've spent a lot of time in bed recently, it's the depression, so if you haven't already - get yourself down the doctors and get some happy pills because you have no idea how long this will last) - but after he told me I jumped out of bed with shall we say, a renewed zest for life. I know it is not the final victory so I won't be opening the champagne just yet, but it does make me feel that I am in control of my life! I feel great (lol within reason).
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