Waiting and worrying...

[Peter1975]

Thank you for getting in touch walkingnightmare,

I've had a look at both Mark and Hollie and will ring up and have a chat with them next week just to explain my case and so they can get it on their file if I am eventually charged.

Sorry just have couple more questions that are going through my head constantly if someone could share their thoughts on if possible..

So for a start the very first thing in her statement is false and can be proven wrong about the taxi rank and also about me and her getting out the taxi at her house together will also prove her statement wrong.What will they think when I've actually willing told her my address to get home? I'd like to think this shows that I didn't do anything of what I've been accused of and simply but it down to her regretting what had just happened and I left her house once the taxi came... what will the cps think to that? Will the police tell her that her statement is wrong in what she has said and allow her to change her story? Just read a lot about the CPS and getting conviction rates up. Thanks again everyone!

Yes, thanks WN. It's always good to have some feedback about sols. Mark Newby does have a very good reputation and I dare say you are correct about why RF chooses to praise Hollie.

As for your questions Danny, I would say the mistake about the taxi rank is irrelevant, an easy mistake to make especially if she had a few to drink, unless she was trying to divert the police from looking at the cctv.. The rest of your version can be somewhat corroborated by the taxi drivers. The second one in particular may have witnessed you knock on the door on your return from the bank, it is more than possible that she may "remember" that you popped off and may change her story to say that this was when you pushed your way in... the fact that you gave her your address and that she apparently remembered it the next morning when she called the police I would say speaks in your favour, as does the fact that she called a taxi at all... why not call the police?

What can never be corroborated is what actually happened when the two of you were in private. Many people are astonished how easy it is for someone to cry rape with no physical evidence at all but unfortunately, this is often what a rape case is and the first hand witness testimony of a complainant can be enough to charge with, even when they are blatantly making it up.

I wish I could predict what the cps will think, or what the police will do but even if they eventually decide to charge you it's not the end of the world. A jury is much more difficult to convince with a pack of lies.

[Danny24]

Thanks once again Peter for your opinions and support. I understand what your saying, she may have just forgot after a few drinks and she could quite easily change her story and say that is was actually when I returned I pushed my way in. I do hope the taxi driver saw me knocking and being willingly aloud in because other than it, it does comeback to her word against mine. I'd like to know what time she called the police because it wasn't till the next afternoon I was arrested, so I'm presuming it wasn't until the next day she did... so did she have a sleep and wake up and then call? I'd have thought she'd have called straight away or as soon as I'd left if that was the case! Jeez I can't believe her social media page, looks like the boyfriend left her a week after I was arrested and then only a week after that saying she had just found out she is seeing a man who is getting married and thinking about turning up at the wedding to say Hi... there is more but won't say what as I think it could be a massive help in the case to show her true credibility of the accusation she has made. Screenshots with dates and times all done and saved!

If it does get to court, would she be able to see screenshot of social media etc before cross examination or could a defence team just come out with it in court and question her if they agreed it could be helpful to discredit her?

Let's hope if it comes down to that, they will see it and her for what she is... just a scary thought having your life in the hands of 12 people! I can't deal with it and trying not to think about any of that yet.

Never thought I'd find myself here, but I'm so greatful for this forum and the people here! It really does bring some comfort to a horrible situation!

Danny.

[Peter1975]

If it does get to court, would she be able to see screenshot of social media etc before cross examination or could a defence team just come out with it in court and question her if they agreed it could be helpful to discredit her?

Let's hope if it comes down to that, they will see it and her for what she is... just a scary thought having your life in the hands of 12 people! I can't deal with it and trying not to think about any of that yet.

Never thought I'd find myself here, but I'm so greatful for this forum and the people here! It really does bring some comfort to a horrible situation!

Danny.

All good work Danny and you can discuss the screenshots and what you should do with them with your solicitor. Sometimes it is better to save them in case there is a trial but sometimes it is better to provide them to the police if they can help avoid a charge. As I said, the sols don't get paid by legal aid for advice outside of the station but they should be happy to talk to you for ten minutes if they think they might get your business. Whether you pay for some additional advice is up to you. Certainly never trust the police with anything without some legal advice.

A complainant is not allowed to see any defence evidence before the trial, not your statement, nothing. It is illegal for either barrister to prepare a witness for cross examination or give them the questions beforehand. Experience in the groups however tells us that sometimes the complainant has some remarkable clairvoyance and can change their account to suit a defendant's statement. A cynic might say this is due to a police officer perverting the course of justice and telling the complainant what has been said in an off the record chat but this would be very hard to prove!

[Danny24]

Hi Peter, thanks. I've told my duty solicitor about the screen shots I have and he simply told me to just keep them and save them And if I get charged they would be able to use them so that's a bit hard knowing they won't be able to fully disprove her character and credibility from what she has said. Just feel like I have lost faith in the justice system and how they can take a case to court just because of someone's words against another! Hope it doesn't get that far but I'm expecting the worse, because that all I can do! Thanks Peter, Danny.

[Peter1975]

Prepare for the worst and hope for the best Danny, but I will emphasise the hope.

The solicitor has given wise advice about the screenshots. Unless you have one that says something like "I can't believe I lied to the police" they won't disprove the central allegation but they will be useful for undermining her in court should it get that far.

For instance, her going out drinking the next week will be pretty useless unless she has said in her statement " I cried and didn't go out for weeks" - and that is when defence barrister produces her own facebook post and makes her look like a liar... and the jury think "if she lied about that..."... you don't need to fully disprove anything, it is the job of the prosecution to prove their case and you only need to cast doubt.

Try not to worry about things that you don't know will happen. keep busy, eat well, get some exercise. The vast majority of cases end in NFA.

[Danny24]

Thanks Peter. I shall keep an eye on her social media and continue to take screenshots of anything I feel could be useful. How do the cps make a charging decision? I've read that they only need 51% chance of conviction? Surely most cases would be charged then if it was just one word against another? I wish this feeling would go away, it's like my life is over. I'm even trying to think like I was in the jury and saying, this man has allegedly forced his way in (hope taxi driver actually saw her willingly letting me in the house), raped a girl and then asked her to ring a taxi and gave her his address to get home. I'd like to think a jury wouldn't be convinced with her story of events and see her for what she is, a liar. Sorry, feel like I'm cracking up, still got a long way to go but it's always with me 24/7 and getting me down, the only thing keeping me going is the truth. Danny.

[Peter1975]

Thanks Peter. I shall keep an eye on her social media and continue to take screenshots of anything I feel could be useful. How do the cps make a charging decision? I've read that they only need 51% chance of conviction? Surely most cases would be charged then if it was just one word against another? I wish this feeling would go away, it's like my life is over. I'm even trying to think like I was in the jury and saying, this man has allegedly forced his way in (hope taxi driver actually saw her willingly letting me in the house), raped a girl and then asked her to ring a taxi and gave her his address to get home. I'd like to think a jury wouldn't be convinced with her story of events and see her for what she is, a liar. Sorry, feel like I'm cracking up, still got a long way to go but it's always with me 24/7 and getting me down, the only thing keeping me going is the truth. Danny.

The cps are supposed to save public money and only send cases to court if they think there is a probability of a conviction yes but don't let that worry you if there is a charge. I would love to know how they make decisions sometimes but remember they are only guessing what a jury might think and they guess wrong about half the time. They do not have a full defense statement or the luxury of cross examining witnesses when they make their decision and so it is done at a much lower burden of proof than a crown court. They might flip a coin for all I know.

Their full policy for prosecuting rape is here if you want to plough through the legalese:

https://www.cps.gov.uk/publications/...tion/rape.html


Your version of events should give them food for thought and certainly a jury will be much more sceptical than a cps lawyer might be but they don't always decide to prosecute, a lot of it can probably depend on the individual whose desk the case lands on.

Try to keep busy and not dwell too much on what might happen. Just take each stage at a time. You could be waiting weeks or months for a decision either way and you can only ruin the present if you worry too much about the future.

[Danny24]

Hi All. Just got off the phone to my OI and the decision has been made, NFA! I'm so happy right now, I'm crying!!! The last 5 months has been the hardest of my life and want to thank everyone on here for the support I've been given, esspically Peter1975! What you do on this group is amazing and you are very much appreciated, I can't thank you enough!! I hope everyone who is going through this nightmare gets the right outcome and can one day move on from it!

Thanks once again guys,

Danny

[Peter1975]

YESSSSSSS! Brilliant news Danny, Well done for getting through this. I hope you can relax now, put this behind you and move forward with your life.

It's always good to finish another unnecessary sorry tale with some much deserved dancing banana's and here they are :

[Casehardened]

Brilliant news.....so pleased to be able to unload the banana boat again....

[lazy lass]

Fantastic news, put it all behind you and move on to a better time in life.

[Pond31]

Glad you got a great result

[Franticwithworry]

Fantastic news for you, Danny. I'm so glad to hear this. Happy tears and tears of relief are the best!!

[YearsOfHell]

Excellent!

YoH

[Teh_Jawshy]

Similar situation?

Hi, I've just seen this post and I'm a 19 y/o male going through something similar. I had separated from my ex partner due to confusion about my sexuality. She had then gone forth and made a false allegation, I was released with an ongoing investigation and my life is shattering before me. I know full well that I am innocent, but I'm also a quite teenage kid who spends a majority of his time in his bedroom and never gets into trouble, ever. I feel lost, confused, angry and petrified that because of the allegations she's made, I'm going to lose everything that I've worked my blood, sweat and tears into!