FA convicted

[stalked]

Yesterday my false accuser was convicted of criminal damage and given an indefinite term restraining order. For those whose false accusation is simply part of a wider campaign of harassment and intimidation (and I note a proportion of those reported on this site are) I think it is well worth pursuing compaints through the courts. Many, like my accuser, will deny their actions and then will be exposed as liars at court. Mine vehemently maintained her innocence right up until the hearing date before pleading guilty in the face of evidence presented by the CPS and gathered by me.This harms the credibility of the FA.
It was a long process (16 months from initial arrest) but the MPS were very supportive even arranging counselling and witness support, so, if this applies to you or someone you care about, please consider it as an option.

Stalked (hopefully no longer)

[Rights Fighter]

I do so love to see a REALLY positive outcome such as this! Well done to you for sticking to your guns!

[experience3]

Well done that man! I think you are an inspiration to all of us. I note that you had the wherewithal to gather your own evidence, clearly you understood that the evidence would not be gathered for you.

Whilst it is extraordinarily tempting to try and "move on with your life" once the trauma of a long investigation is over, sadly this is probably the wrong thing to do in the long run.

Notably the Home Office figures of (I think) 1.3% of these types of accusations being false are very largely based upon convictions brought for FA's so the conviction that you have secured will add to this figure actually quite substantially.

Whilst we might all verily suspect that the figure for false accusations is substantially higher, sadly, nobody is going to do anything about it whilst the figures are being manipulated like this.

If this is an inspiration to anyone else it is worth remembering that if you are falsely accused of rape you have (at least) TWO courses of action in criminal terms. One is Perverting the Course of Justice (PCJ) the other is Wasting Police Time (WPT).

PCJ carries a maximum term of life imprisonment, and is a "proper" charge it is "usual" for people making false allegations of rape to get 2 years. That might be what you are looking for, but beware the Police know what a serious charge this is and it is very difficult to get them to "inflict this" on their "victim".

This is where the lesser charge of WPT should be something you might want to consider. It carries a much less stiff sentence (even a caution) but has two potential benefits. Firstly it should be theoretically easier to convince the Police / CPS to prosecute for this, secondly it is in fact easier to secure a conviction since any solicitor worth his salt will tell the false accuser to cough for it and take a caution.

Remember should the false accuser, accuse you again in the future (mine has twice), then there would be an official record that the first allegation was untrue, even if in essence there was no punishment for it.

Anyway once again well done

[sqounk]

I think this is great - and also notable because you talked about a positive experience with the police, which I think it's important to speak about as there is so much negativity directed toward them currently in the media and people who've had bad experiences re allegations. I wanted to pick up on something you say experience3. You say your FA has made three separate allegations against you? I was wondering - are these for different things or the same thing?

[Franticwithworry]

This is marvellous news!! Well done you!

[experience3]

I think this is great - and also notable because you talked about a positive experience with the police, which I think it's important to speak about as there is so much negativity directed toward them currently in the media and people who've had bad experiences re allegations. I wanted to pick up on something you say experience3. You say your FA has made three separate allegations against you? I was wondering - are these for different things or the same thing?

They are different things at different times, all "similar" though increasingly serious and also increasingly ludicrous.

This is my third time "in the process". Since "practice makes perfect" lol, I decided to take to the forums to tell people what I have learned (that doesn't mean to say I have all the answers - but I am guessing that I have had a few more gos than everyone else lol)

I am reluctant to say more I am afraid at this stage since third time around I went "no comment" since going comment previously was absolutely no use. I am committed to posting as much detail as I can, as and when I can. But for now that is all I really want to say.

Suffice to say that I have been through 5 years of hell, and am committed to a further 2 years at least - my life has been completely destroyed, despite it being obvious to anyone who would examine the actual facts that it is absolute nonsense. Having never gotten as far as a trial of course nobody (except myself with the aid of close ones) has actually had a critical look at the facts.

My main "mission" if you will is to gain recognition that these types of allegations are life destroying and that the police should investigate these types of allegations in the round rather than blindly believing the victim. Realistically nobody wants to see women (and it is demographically, sorry if it is not in your case) raped, but at the same time we have to have some balance to the system. Taking my case as an example, I could have actually raped someone and been out by now, yet I have hurt nobody and had my life totally destroyed.

My main gripe is actually with the Police (though I accept your comments above, credit where it is due), who fail time and again to investigate these matters properly and are happy to keep the file on their desk for years without doing anything, not make inquiries to support your story (as they are technically obliged to do) rebail you after they have NFA'd the case, lie to third party agencys, bully and intimidate defence witnesses and change the statements of the complainant to suit their case - all because it does not occur to them that the complainant might be wrong / making it up / delusional / mentally ill, or a host of other reasons.

I am not bitter - I am truly happy the original poster has had a positive experience with the police. Perhaps it demonstrates that things are turning around.

As the Met Police Chief Hogan Howe recently commented:

"Hogan-Howe, writing in the Guardian, said the policy of telling detectives to automatically believe people who claim to have suffered rape or sexual abuse could be dropped as a result of fallout from the Operation Midland inquiry into allegations of a murderous Westminster paedophile gang."

That is all I want, I do not see where the crime of rape should have a lower burden of evidence than any other crime. If for example you said that I stole your wallet, you would not be automatically believed. Yes, I know that stealing your wallet is a far less serious crime but that is why it carries a SHORTER SENTENCE. Moreover if you did claim that I stole your wallet, whether you were totally delusional and the case was NFA'd or some evidence was produced and charges were brought - I think we can agree that the process of NFAing or charging would take no more than a couple of weeks.

Lastly I would just say (and really I am not trying to criticize anybody here, really I am not) all of this is OUR FAULT. Because these crimes are so "shameful" we, the falsely accused are somewhat obsessed by anonymity issues and we do not fight back. I happen to be in what is probably a unique situation whereby I have told everybody I know, friends, colleagues, neighbours, business acquaintances etc. The allegations against me I dispute by fact (as opposed consent) and I feel morally obliged to raise awareness of this issue. Having had my life destroyed I have lost everything which whilst sad - paradoxically also means that I now really do have nothing else to lose.

Amazingly when you start talking to people about these issues they will often say "oh yeah that happened to my friend XXX". As a society we truly need to get away from the delusion that False allegations are rare - they are not.

[Franticwithworry]

Thank you for this. I agree with so much of what you say, even though, given the place we are in with the investigation, we are loathe to shout too loudly just yet.

That said, regardless of the outcome, there will come a point when we are both shouting from the rooftops. It's only fair to say that all the police officers we have come into contact with so far have been nothing other than polite and respectful, though none seem to accept the idea that false accusations can be particularly harmful or that they ever result in a wrongful conviction more than incredibly rarely, but we haven't discussed it with them in any great depth. I guess they don't see the aftermath - or don't want to.

Otherwise I doubt that they could sleep at night.

[YearsOfHell]

Thank you for this!
We are still in the middle of this.
My OHs FA got a charge of criminal damage but not a restraining order unfortunately.
We're going to be dealing with this a while longer.
Thanks for telling us it can end positively!
YoH

[carrot tops]

I am so sorry that you are still going through your ordeal experience3, but admire your fighting spirit.

Your post is very eloquent and insightful and I think you have a lot to offer to people going through false allegations . I wish you every success in your fight.

[stalked]

YoH,

I understand it is possible to get a restraining order separately, but it may require some expense in terms of court fees and solicitors. The advantage of getting it at time of prosecution is that there are no costs for the victim of the harassment and the court has the power to impose them whether or not the prosecution is sucessful.

stalked

[YearsOfHell]

YoH,

I understand it is possible to get a restraining order separately, but it may require some expense in terms of court fees and solicitors. The advantage of getting it at time of prosecution is that there are no costs for the victim of the harassment and the court has the power to impose them whether or not the prosecution is sucessful.

stalked

I had no idea that the court could do that if the prosecution is not successful!
We are hoping the court will rule in our favour but I have serious doubts about our justice system!
Thank you so much for this info
It may prove extremely useful in a couple of weeks time!
Big hugs
YoH

[stalked]

If your case will be heard in a couple of weeks, I think there is time to input your desired outcomes to the CPS. In my case the police investigating officer asked me what outcomes I wanted to be communicated to the CPS. Mine were compensation for which I provided 2 quotations to support the requested figure, and a restraining order with a list of conditions that I thought appropriate. I think you, also, should have a similar opportunity to make these requests, through your police contact, to the CPS. If not, it should be possible through the witness support service of the court or through victim support, if they are involved. A restraining order may be put in place even if the defendant is not found guilty - but it sounds like you are fairly confident of a conviction anyway!

[YearsOfHell]

Stalked
Thank you so much - conviction and restraining order now in place for us too!!
We are very relieved with this result.
Thanks for sharing your experiences.
This is exactly why this forum is so indispensable for those going through this nightmare.
It literally changes lives!!
YoH

[stalked]

That is fantastic news! Congratulations on this result. The criminal justice system is often brutal in dealing with victims of false accusations, but results like this show that it can be used to protect us against these awful vindictive false accusers too, and we should take every opportunity to use it. So happy for you!