Falsely accused

[Peter1975]

Hi All,

just trying to get on with my life, and to be honest its quite hard. I have a couple of questions if that is okay? Hopefully someone can help me out who has/known someone in a similar situation..

1) from what i have read there should be an officer in charge. Am i allowed to contact this person for an update on the case? i did message the legal aid provided and she simply said along the lines of "there won't be any update until closer to your bail date" which is still a couple of months away

2) my case surrounds intoxication and consent. they are probably gathering evidence however i am nervously curious that do cases like this - my word against her's can they be NFA'd? or do they have to go to court?

3) as it was after a night out and being in a bar before hand... what kind of evidence would they require to convict me

as I've said before.. i am innocent and i cannot fathom being charged or even worse for a crime i have not committed

I will echo the post from Franticwithworry, her advice is always excellent.

1) FWW is right, the police are not likely to tell you very much except that the investigation is ongoing. Feel free to phone the OIC but never offer them any information. They are not your friends. I know you will want this resolved quickly but that's not the way it works sadly. Sounding out a solicitor for advice won't cost you anything but they won't be able to do anything at this stage except to act as an intermediary if you have any further evidence that could help prove your innocence.

2) If you think about rape and sexual assault, particularly where consent is involved, it is a crime that usually takes place in private so the only evidence required will be her statement. Around 80% of cases are NFA'd and it is down to the "quality" of evidence rather than the amount of evidence. This will largely be down to the consistency in her account of events.

There has been much work done by anti feminist groups like rape crisis and WAR to promote women as the weak victim preyed upon by evil men who get them so drunk they can't give consent. In this regard, she should have had a blood test to establish how drunk she was and this will obviously make a difference to how inconsistent she can be before they rule out her evidence as unreliable.

3) Around 8% of reported rapes end up in a conviction. The odds are in your favour.

Sit tight and keep posting for support and advice. I urge you to read FWW's post again and follow the link the CH's guide posted by YOH.

[Bob1234]

Hi guys,

Thanks for the advice and support. When I was given aid at the station the person gave me advice took notes my side and he sat in whilst I was speaking to the officers. It turns out he isn't a lawyer or solicitor but a case worker. Is this normal? This person is working towards their qualification basically? Would I be in a better position for someone higher up? Can they do more for me or is it best to get my own at this stage and ignore the legal aid.

I'm just wary that what if this person doesn't know the ropes and something an experienced person may do differently. But what can be done at this stage apart from gather eveidence ?

[Franticwithworry]

[QUOTE=Bob1234;68920]Hi guys,

Thanks for the advice and support. When I was given aid at the station the person gave me advice took notes my side and he sat in whilst I was speaking to the officers. It turns out he isn't a lawyer or solicitor but a case worker. Is this normal? This person is working towards their qualification basically? Would I be in a better position for someone higher up? Can they do more for me or is it best to get my own at this stage and ignore the legal aid.

I'm just wary that what if this person doesn't know the ropes and something an experienced person may do differently. But what can be done at this stage apart from gather eveidence ?[/QUOTE

Case worker? Not a solicitor's clerk? Solicitor's do send trainees to take instructions from clients and sit in on interviews, but that's not necessarily in your best interests with an accusation as serious as this.

Yes, you do need to be advised by someone with more experience. That said, this person might have enough experience to have advised you well at the time, who knows? That's the thing. However, what's done is done. It all depends how confident you feel in the firm who sent him. You could call them and ask; basically sound them out to see if you want to stay with them or change.

No, there isn't much can be done at present but gather evidence, and then not a lot because without the witness statement you don't really know all there is to know about the accusation, but you need a solicitor familiar with and experienced in false accusations if this goes any further - and it is a big if. Don't forget that it's still a big possibility that this won't result in a charge or trial, and everything you do now has to be done thoroughly and properly but it's still 'just in case'. My own personal opinion, (and then with hindsight), is that you need an experienced expert right at the beginning with the interview, if you're going to have one at interview at all, but that's easier said than done, so don't worry about what happened now.

The fact is that you don't need to stay with this firm if you don't want to. The interview advice is separate and doesn't bind you to them. There are lots of really good solicitors who work on legal aid and privately who can help you. Look for the stickies thread with recommendations on here and find one in your area. If there isn't one, post a request for suggestions as the list isn't exhaustive. Just let people know the general area you live in - say, the county, - and that will give a guideline.

For now, it's less about evidence and more about remembering and writing down all you know about the accuser, the circumstances of the accusation and anything about the time you spent with her. Every detail counts, so write it down while it's fresh in your memory, keep it in a safe place, and hopefully you won't need it.

[Bob1234]

Hi all,

Thank you for your responses and advice. I am leaning towards getting my own solicitor even though a "case worker " was provided at the time and I haven't yet been charged (hopefully won't be) In hindsight I should have called someone at the time when I was in to arrange someone with experience however I was so affected at the time I didn't let anyone know and I took whatever help was on offer.

I am from the West Midlands - do any of you have any recommendations for people/ firms who deal with these false allegations? I don't think much can be done at this stage as eveidence will be gathered currently, but am I right in thinking someone you hire will work more and find out more possible than a duty case worker? As they will be experienced can liase better and even prep items in case the worst happens

The wait is the worst bit I wish this was all over and never happened really. It's a nightmare. I'm trying so hard to stay strong

[TBG1]

Hi all,

Thank you for your responses and advice. I am leaning towards getting my own solicitor even though a "case worker " was provided at the time and I haven't yet been charged (hopefully won't be) In hindsight I should have called someone at the time when I was in to arrange someone with experience however I was so affected at the time I didn't let anyone know and I took whatever help was on offer.

I am from the West Midlands - do any of you have any recommendations for people/ firms who deal with these false allegations? I don't think much can be done at this stage as eveidence will be gathered currently, but am I right in thinking someone you hire will work more and find out more possible than a duty case worker? As they will be experienced can liase better and even prep items in case the worst happens

The wait is the worst bit I wish this was all over and never happened really. It's a nightmare. I'm trying so hard to stay strong

I'm sorry to see that you're going through this Bob.


I totally understand your inclination to seek out your own solicitor - it's one of the first things I thought of doing too.....But the fact is that a solicitor will gladly accept your case at this stage AND take your money, but can and will do very little for you at this point. They will (rightly, to be fair) see it as a 'waste of (their) time' trying to gather any evidence that may disprove the allegations - this is something that the most certainly WILL do though post-charge ... which we hope will never happen.


The only thing a solicitor can do is send emails and/or make phone calls periodically to the OIC to see if there is any update as to whether there will be a charge. This is something you can do yourself or the legal rep who attended the interview can do for you.


Your time however, will be very well spent gathering evidence yourself (texts, letters, emails, facebook posts, photos etc., etc.,) and making a clear timeline of the period in question so that if you ever need to defend yourself, it'll all be readily available. It is also well worth finding out which firm locally has experience in these types of cases - again, for IF you get charged rather than for now. There is a thread for 'Recommended Solicitors & Barristers' that may help you with this.


In the meantime, I know just how frustrating and upsetting this period of time is - and sadly there's no one way to help deal with it that works for everyone.....What I will say is, do not deal with this alone - Make sure you confide in a good friend or family member and let them help you through this.


Do keep posting, as you will hopefully find it helpful to do so.


Best Wishes,


TBG1

[Rights Fighter]

Hi guys,

Thanks for the advice and support. When I was given aid at the station the person gave me advice took notes my side and he sat in whilst I was speaking to the officers. It turns out he isn't a lawyer or solicitor but a case worker. Is this normal? This person is working towards their qualification basically? Would I be in a better position for someone higher up? Can they do more for me or is it best to get my own at this stage and ignore the legal aid.

I'm just wary that what if this person doesn't know the ropes and something an experienced person may do differently. But what can be done at this stage apart from gather eveidence ?

Providing that the person who attended is duty representative accredited then it doesn't matter about other qualifications.

If this matter goes to charge, then you will need to find an experienced legal aid solicitor in your area or a private client solicitor who you trust. Which area would any potential trial be in?

[Bob1234]

It would be in the west midlands / Warwickshire area I believe ....

[Rights Fighter]

If this is to be legally aided contact http://www.glaisyers.co.uk/criminal-...h-astbury.aspx - it's Keith who you will need.



If privately funded contact Chris Saltrese ~ telephone 01704 535 512: and/or http://www.chrissaltrese.co.uk/contact-us/ using the email link or the contact box. He works all over the UK and has an excellent record.

[Lucky]

I heard the Cartwright King have a good team in that area. Might want to try them.

[Bob1234]

I've been doing a bit of reading to get some knowledge on the steps and what procedures are. Just to be sure do all cases go to the cps to make a decision, or can the police nfa?

[Youngscared]

If this is to be legally aided contact http://www.glaisyers.co.uk/criminal-...h-astbury.aspx - it's Keith who you will need.



If privately funded contact Chris Saltrese ~ telephone 01704 535 512: and/or http://www.chrissaltrese.co.uk/contact-us/ using the email link or the contact box. He works all over the UK and has an excellent record.

Hopefully It won't come down to it, but can you recommend any good solicitors/lawyer in Hampshire? Preferably legal aid. Thanks!

[Peter1975]

I've been doing a bit of reading to get some knowledge on the steps and what procedures are. Just to be sure do all cases go to the cps to make a decision, or can the police nfa?

Bit of a mystery that, it maybe depends on the seriousness of the potential charge and/or which police force you are dealing with. The police can NFA or charge without the cps but I think they got told not to. In all cases, a senior officer will make a decision first.

You can phone the OIC and ask and they may tell you if the file has gone to the cps or they might just fob you off and say it has so they can blame the cps for the unbearable delay.

According to this article, only 28% of recorded rapes were referred to the cps in 2014 :

https://www.theguardian.com/uk-news/...ce-prosecutors

But I have read elsewhere that the CPS make all charging decisions regarding sexual offences... If you find a definitive answer, let me know!

[Bob1234]

Thank you guys.

Youngscared. How are you doing? Is there any development yourside?

Bob

[Youngscared]

Thank you guys.

Youngscared. How are you doing? Is there any development yourside?

Bob

I'm not doing very well, I'm severely depressed and hate to say it feeling suicidal.
I found a photo of the girl partying it up in a club less then 6 days after the the alleged rape, How can she claim to be some sort of victim suffering when she's out in town the next weekend partying at the same clubs I met her in. Anyone know of any good lawyers in hampshire specialised in these type of cases? My solicitor isn't responding to me I know there not being payed until something happens but I'm willing to pay them just for a small moment of my time.
How are you coping bro

[Rights Fighter]

Have you been charged yet?

This guy http://www.freemanssolicitors.net/si...file/paul_legg is based in London but does trials in the Hampshire area.

What sort of advice are you looking for? You might get it here, without having to pay for it.