help needed

[angryandconfused]

Hi everyone,

I need some help and have been reading these boards since learning a relative of mine has been accused of rape. He was arrested at home in front of his long standing girlfriend and told they just wanted a quick chat at the police station, so agreed to be interviewed without a solicitor present (stupid I know, but he was interviewed within minutes of arriving at the station before anyone could ask him to reconsider). He stated that he had met a female at a pub and they had gone for a walk and then had begun sexual touching but said he did not have sex with her. She is alleging it was all non-consensual and they did have sex, so he has been bailed. They have seized her underwear for forensics but I don't believe there is any other medical evidence as it is a fairly historic allegation, ie about 2 weeks, although I'm not 100%

The dilemma is he has now told us that he started to have sex with her but stopped after about 30 seconds because he realised that he was only doing it because he had been arguing with his girlfriend. He still states it was all consensual and says she even invited him back to her house afterwards where he was introduced to family members, she then went back out with him to get some cigarettes from the local shop, and a few days later turned up unannounced to see him. He said the only reason he didn't tell the police in interview was that he was scared it would get back to his girlfriend. Should he tell the police straight away, seek legal advice, or wait until his bail back date to say anything.

Please help, I'm worried this is going to ruin his entire life just because the police rushed him into interview and he didn't realise what he was facing.

Thanks.

[Saffron]

Hello and welcome

The first thing you need to do is to make sure he gets proper legal representation. Contact FASO www.false-allegations.org and they will be able to give you the details of a specialist solicitor in your area. Make sure you have one who specialises in sexual offences and what ever you do, DO NOT make do with the Duty Solicitor. Rights Fighter at www.pafaa.org will also be able to advise you on which law practice to use.

He was foolish to talk to the police without a solicitor present, but the fact that he was not given time to reconsider this may go in his favour - it could be an abuse of process. He should have been told what the charge was, and then given the option of legal representation, not told it was "just a chat".

whatever happens, he MUST speak to a solicitor before he contacts the police about the changes to his statement. Being arrested for rape is a terrifying ordeal, and I can completely understand why he would deny that sex took place. however, the fact that he did not tell the whole truth could be disastrous unless it is carefully managed by a good solicitor.

the fact that they went to a shop together after the alleged rape is potentially beneficial - there may be cctv footage of them together that could be examined. additionally, he went to her house and met family members - it is vital that he gives these details to his solicitors, as you can bet your mortgage that the police won't follow up any witnesses who may help prove his innocence. Similarly, if she tried to contact him a few days later it could also help his case - are there phone records that she called him, or witnesses that saw her knock on his door, etc? I would recommend that he writes down everything he can remember about the incident, including the names of other people who were there, the date and times she contacted him, and gives it to his solicitor.

the only other thing i would say is that under NO circumstances should he talk to the police again until he has a good solicitor. the police are under pressure to meet prosecution and conviction targets, and they will withhold or twist information in order to up their chances of a successful prosecution. Do not trust them with anything.

Good luck, and please do contact FASO and Rights Fighter at the Pafaa site.

Saffron

[Rights Fighter]

You've said most of what I would have advised Saffron. However, once back at the station he should have been asked again "do you wish to have a solicitor present?" He should have been given a custody sheet to sign which would provide a box to be ticked stating that he did or did not require a solicitor to be present.

Lying to the police (or leaving information out) is a serious matter. When arrested he would have been told that "anything that you do not say that you rely on in court..........." Saying that he didn't want his girlfriend to find out will not sit well with the jury. They would be thinking to themselves "what's more important to him - his freedom or his relationship?"

It would be a good idea to do some digging on the complainant - she could have done this before, money being the primary motive. It's possible she had already decided to do this and he just happened to be the first person to come along who provided the opportunity. Leaving it a fortnight (or however long) before making a complaint suggests this.

He's lied to the police and angryandconfused once by saying that full sex was not involved when it was. That will be a difficult one to explain away effectively.

[angryandconfused]

thanks for the advice saffron and rights fighter.

The first thing I will do a 6pm is phone the advice line on FASO and get the name of a good solicitor for him.

Unfortunately I don't think it's that a solicitor wasn't offered, I think it's more they intimated that it wassn't going anywhere and just wanted to tie up loose ends.

I have told him that he was stupid to not tell police everything, but unfortunately it's too late for that now. The accuser did go around boasting the following day that she slept with him and another male, and this has ben witnessed, and there have also been witnesses that have seen her following him around. hopefully this is what will save him. they are both fairly young and it seems to me that she wanted a relationship with him and when this was not going to happen she made this accusation. I just wish she knew the devestating effect it is having.

[utterlydestroyed]

Once again I must Echo "DO NOT TRUST THE POLICE, DO NOT TALK TO THE POLICE" it is a frighteningly corrupt organisation in my personal experience.

[Rights Fighter]

Once in the custody suite he should have been told of his rights which include right to a solicitor. If they didn't repeat this then the police were at fault and could reflect on them later.

You can PM me by clicking on my name/link and let me know the are you live - I only recommend solicitors I know personally. Also if you'd like to talk to me add in your landline number into the PM and I'll give you a ring later on today or tomorrow.

[Saffron]

thanks for the advice saffron and rights fighter.

The first thing I will do a 6pm is phone the advice line on FASO and get the name of a good solicitor for him.

Unfortunately I don't think it's that a solicitor wasn't offered, I think it's more they intimated that it wassn't going anywhere and just wanted to tie up loose ends.

I have told him that he was stupid to not tell police everything, but unfortunately it's too late for that now. The accuser did go around boasting the following day that she slept with him and another male, and this has ben witnessed, and there have also been witnesses that have seen her following him around. hopefully this is what will save him. they are both fairly young and it seems to me that she wanted a relationship with him and when this was not going to happen she made this accusation. I just wish she knew the devestating effect it is having.

Hi there

it is vital that you get the names and addresses of the people who witnessed her boasting, the names of the family members he was introduced to, and the people who have seen her folowing him around, and give them to your solicitor, once you have appointed one. Ask the solicitor to take statements from each of them, as this will really help your case.

with regard to him not telling the police everything - yes, it was foolish, but there is nothing you can do about it now. If this case gets to court, a good barrister will ask the judge to explain to the jury that innocent people do sometimes tell lies - through fear, anxiety, or some other external influence. the vital thing to do now is to get a solicitor onto it immediately.

Incidentally, i have noticed that there have been 2 new members of this site who have been falsely accused in the run-up to Christmas. could it be anything to do with the amount of alcohol which is comsumed at this time of year? just a thought.

Saffron

[Rights Fighter]

You're not wrong Saffron - false allegations of abuse, (child and adult) go up around the festive season and New Year. Some of it is to do with alcohol but in the case of alleged child abuse it's a way of getting somebody out of the house so they can enjoy Christmas. I've noticed that these are cases where the "suspect" is a bit of a control freak believe it or not, although obviously that's not always the case (before I get jumped on from a great hight!)

[Rights Fighter]

I've PM'd you AAC!