Advice, please!

[AndyPandy]

Hi,

Unfortunately I have been led to this forum a few months ago while trawling Google for help regards false allegations of Rape.

I have been reading regularly, but you will have to forgive me I have not posted until this evening as I had hoped a decision would of been made by now.

Early last year I was arrested for Rape, multiple - various locations against an ex partner (wife)

This was totally out of the blue and by no means did I expect it.
I was held in custody for 17 hours in a cell, before being told I was going to be interviewed.

This interview took around 20-25 minutes, and this is where I was informed I was accussed of raping said ex partner over a 5 year period, three times in total.

I was completely gobsmacked by the allegations and strongly denied them by way of a prepared statement which my solicitor strongly advised to do.
I then answered a couple of questions which I felt I had to, to show my innocence.

During my interview I was told that these allegations had no exact dating nor times.
Only a 3-4 month window each one.


I advised the officer in interview that I stopped having sex or any close contact with said ex around 2 years into said relationship, his reply "That is what she told us too".

I was then placed back into my cell whereby I remained for a further few hours.
At 23 hours in, I was advised no actual "OIC" had been assigned to this case.

23 hours and 30 minutes in, I was informed the OIC which had now taken the case on, was seeking a PACE extention to my custody clock.

This was granted by the super, for a further 6 hours.
They said this was being granted as they wanted to exam my mobile, and this was "likely to be collcted within that time and they'd be in a postition to make a charging decision".

Just shy of a few minutes of the custody clock expiring, they sought to invoke an ECP (Emergency Charging Procedure).
However just as they were about to do this (and deny me bail by the way) the CPS called and refused charge.


I was placed on bail, the first date was in 4 weeks. After this I was advised enquries on going, rebail for 2 months, then rebail again for 5 months, then rebailed forth time due to "need to collect a statement" then fifth time rebailed as they had to wait for CPS F2F appt.

Then CPS said "no, go away make further enquries and wanted numerous things reclarified by complainant".
Rebailed again, then Solicitor said enough is enough, take me off bail or they would go to court.
New law comes in, bail cancelled but investigation "on going".

My mobile phone was looked at, then returned to me a few months ago, nothing on it.

Since, discovered OIC has been to CPS 3 times, each time "go away obtain further evidence".

Basically now been told they have a few other enquries to do, and they are looking at going back to CPS December!


Any advice, or obs on my situation?

Would be very grateful!

[Peter1975]

Hello and welcome to the forum. I am sorry you find yourself here but hope we can be some help and comfort to you.

It would seem you have been put through a terrible ordeal already with the circumstances of your arrest and the length of time you were detained.

I spend much of time trying to reassure others that the police are not all maniacs that are determined to charge with no interest in anyone's innocence but stories like yours do make me question this. It is not the job of the police to decide that you are guilty but it would seem you are unlucky enough to have drawn a short straw. Some police are no better than criminals themselves.

That said, the cps are clearly not impressed with the strength of the evidence against you so there is plenty of hope that you will join the 80% of cases that go no further that the investigation stage.

I can only suggest you sit tight but try and start digging for evidence in your defence should you need it. Screenshots of social media can be helpful, is she short of money perhaps? Write out a timeline and try to remember the key points in your relationship.

If you have been reading then I am telling you how to suck eggs but DO NOT talk to the police or provide any further information without legal advice.

[Casehardened]

I suspect that you were eventually allocated a 'newbie' DC, probably because the seasoned ones have seen enough of these 'ex partner revenge accusations' to not want to get involved in what usually turns out to be chasing rainbows.

He/she wants to make a good impression with this first case but fortunately, as Peter says, the CPS aren't quite so green!

[AndyPandy]

Update

Many thanks for all your replies, I am very grateful honestly and I do thank you all even if you haven't been able to tell me what I want to hear.

Basically my case has now been completed and they are now going to the RASSO appointment with the CPS in the next few weeks to obtain a charging decision.

Today all my remaining property was returned (Tablets and another mobile phone - a comment made was there was nothing on them and only a few telephone numbers saved, so no interest to them).

They've said they've now completed their investigation and will now update me once they've sought a charging decision.


My question is, probably a very silly one the fact my items have been returned, does that give any indication of where this will go?
Also, being they've said they've completed "their investigation" if again the CPS say no we aren't happy, will this be the end of it this time round?


Finally, I guess I'm now left waiting to see my fate now, the decision is down to the CPS.
All I know is I am innocent, and I know this is all a bunch of lies.

If RF could provide any feedback, id be grateful.

Take care people

[Peter1975]

Update


My question is, probably a very silly one the fact my items have been returned, does that give any indication of where this will go?
Also, being they've said they've completed "their investigation" if again the CPS say no we aren't happy, will this be the end of it this time round?


Finally, I guess I'm now left waiting to see my fate now, the decision is down to the CPS.
All I know is I am innocent, and I know this is all a bunch of lies.

If RF could provide any feedback, id be grateful.

Take care people

No indication at all I'm afraid. The police have to return your property if copies can be made.

Sadly, no one can ever say exactly what you want to hear but there is always much hope. According to the last VAWG report, the cps decided to charge in 57% of cases so they do not by any means charge just because the police want them to and they have refused to so far for whatever reason.

If the cps decide to take no further action then hopefully this will be the end yes but your ex may appeal within 3 months to have the decision reviewed (the victim's right to review) - it is unclear though whether she may have already done so.

Lastly, any NFA can be brought up at a later date should "new evidence" be presented so I must advise you to keep any evidence you have collected in the back of a drawer just in case.

Hang in there, hopefully there will be some good news and dancing banana's soon.

[imsam]

Hi AndyPandy, your case sounds so similar to mine re: the situation you are in re: the police. I am not on bail anymore and I also have a new OIC on my case, so worried that as Peter said he may be wanting to 'make a good impression' on his first case. I am just replying to you to say 'hang in there mate' you are not alone , I too am in this private little 'hell' trying to continue to get along, and trying to 'forget about it' as there is nothing I can do. But its always there in my mind as I suppose it is with you too

Lets hope we both get through this, it does sound to me as if you have every chance especially as the COS have thrown it out 3 times

GOOD LUCK

[Rights Fighter]

Peter has answered as I would have done.

If you are charged, were you confident with the solicitor you had at interview? If not please let us know where any potential trial will be held (where the alleged offences happened).

Would you be a legal aid or privately paying client?

[AndyPandy]

Thanks Peter and RF for your replies.

I am told by solicitor the fact phones etc have been returned is a promising sign given they usually keep these until conclusion.

The trial would be held in the South West, if that helps.
Solicitor isn't a lot of good (various reasons) was going to change if anything came of it; so if you can recommend a good legal aid one RF id be grateful

Thank you again

[Peter1975]

The police can clone your phone and store copies of any messages that may be relevant.

If you think there may be deleted messages on your devices that may help your case you should NOT use them as this could over write data that may be recovered forensically.

I'm sure RF will be along shortly with her encyclopedic knowledge of great LA solicitors.

Hang in there.

[Rights Fighter]

Based in Exeter and would cover the SW and work on legal aid

https://nunnrickard.co.uk/teamprofile/katrina-byrne/


Private client - please check out the link in my signature.

[Rights Fighter]

...............

I am told by solicitor the fact phones etc have been returned is a promising sign given they usually keep these until conclusion.

.............

Unfortunately that doesn't really mean a lot. Some forces keep electronic equipment until after trial and others will clone it (as Peter says) and hand it back.

Some officers don't bother to check phones etc at all, if it might help the defence case. Others will check everything.

[Peter1975]

From another forum, solicitor extraordinaire HF:


"They should not keep anything as evidence if they are able to download it, s22(4) Police and Criminal Evidence Act 1984."

Makes you wonder why some forces keep hold of them... possibly because they don't look at them until the last minute if they could help defence...

[Rights Fighter]

Yep I know Harvey says that, but we know people in the support forums and groups who never did get their stuff back even after NFA or NG verdicts.

What should happen is often different from what really does happen

[AndyPandy]

Hi

Not in the best frame of mind sadly, but thought I'd post.

Basically, all my property has been returned as I said.
A comment made by the officer whom is involved but isn't the OIC (actually never spoken to the OIC directly) was they did not find anything of evidential value whatsoever on any of it.


Now comes the most stressful part for me, my case has now been passed to the CPS for review and the next contact i will hear is the decision.
To say I'm feeling sick would be a understatement.

They've advised me it could be November by the time a decision is made, although the file is with the CPS. not too sure why it takes them months to review a file?

Anyway, Please pray for me like I pray all those innocent don't end up charged.

I really really pray the CPS see through all this :-(

RF thanks for your in put, I will send you a message directly depending on outcome of decison.


Thanks again to everyone, I guess my life now hangs in a balance deciding what the stupid system decides to do with me.

[Peter1975]

Hang in there Andypandy.

I often wish i could be a fly on the wall at the cps, I imagine they have a backlog but they also prioritise cases and yours has certainly not been a straightforward decision. One can only wonder why it kept being sent back and what the complainant needed to clarify.

What you need to understand is that whatever decision they make, it is based on the bare bones of the case. You have not been given the full evidence against you and so you have not been able to provide a full defence. This is why the cps get their decision to charge wrong about half of the time, the police also fail to disclose evidence that can undermine a prosecution as well which doesn't help.(if they look for it at all)

I wouldn't worry about the opinion of the police, any solicitor will tell you that some of them don't have a clue about the law or what they should be looking for as evidence. Have a root through your devices and save any texts or emails and call logs that may be relevant. Have a snout on her social media.

The one thing that would be most important is her motive to lie. You don't say if there is a divorce or custody case but making a false allegation is now pretty common as it is one of the only criteria for an ex wife to get legal aid and leverage in the family court.

If you haven't already done so, write down a timeline and anything you can remember about your break up, arguments etc and keep adding to it as you remember things.

Hopefully you won't need any of that and the cps will make the right decision,

try and keep busy and look after yourself physically and mentally.

keep posting for support.