Rape allegation from ex partner

[Nate63]

Hello,

Have just signed up to this forum and would like to say it is refreshing to see so much support offered here!

My situation is that my ex partner has stopped me seeing my son and has thrown out over 20 allegations against me to prevent me seeing him again,one of these being rape. I am currently awaiting my 2nd hearing regarding this case, but around an hour after the first hearing she made a complaint to the police of rape late last year when she lived with me.

I was contacted by the police 2 weeks later and requested to come down for an interview voluntarily. I went down with a lawyer of my own who gave me very good advice having seen many false rape allegations in his time.

The actual allegation itself shocked me greatly and is along the lines of something from a movie! She has said in her statement thst she was covered in bruises, screamed for mercy, blood was everywhere, cuts,injuries etc, of course there was no records of her seeing a medical professional after this supposedly happened.

At the moment I am in regular contact with the police officer dealing with the case and have been told it will be finished soon. Perhaps this week.

I have been told they see a lot of holes in her story and that they are "completely satisfied" with my statement.

I was informed by the police that depending on the outcome of the investigation that my ex partner could take the case to CPS and attempt to have me tried by the courts if they deem the case worthy.

My questions are. What options are they if the police come back and say they are satisfied the allegation was false? In all honesty I would like some form of repercussions against my ex for this to teach her that it is not ok to make such false allegations. I am worried that she will continue to raise allegations similar to this in the future due to her spite. If the case goes to the courts and I am found not guilty what would be the outcome for her?

I am very confused with what can occur once the investigation is complete and favours me, haven't been able to find much information on the internet.

Of course due to the nature of the situation it has made me extremely anxious and depressed. I do wish to seek medical prescriptions for this from my GP but I am worried that it may come back to bite me in some form if she takes this to the courts.

Any advice or help is much appreciated!

[stalked]

Hello,

My questions are. What options are they if the police come back and say they are satisfied the allegation was false? In all honesty I would like some form of repercussions against my ex for this to teach her that it is not ok to make such false allegations. I am worried that she will continue to raise allegations similar to this in the future due to her spite. If the case goes to the courts and I am found not guilty what would be the outcome for her?

Unfortunately, it is difficult to get action taken in respect of a false allegation. For one, it is difficult to prove, without reasonable doubt, that the allegation was false. But, more significantly, there are pressures not to discourage well-founded allegations - and the possibility of sanctions against accusers, if an allegation is unproven, is considered to act to discourage allegations. And, the face of declining crime rates, the legal industry wants as many allegations as possible.

However, false accusers tend to be irresponsible individuals with little respect for the law. So many of them may commit other crimes such as social security fraud, not paying TV licence,drink driving, sending malicious communications, criminal damage, stalking that may be more easily proved, and which the authorities are more open to prosecuting. So, in due course, you may be able to expose your false accuser as the liar that she is, through these means. That is how my false accuser got her criminal record following her false allegation...

[Peter1975]

Hello and a sad welcome to DM Nate63.

So your ex has taken the "nuclear option" during a family court dispute, an all too familiar tale sadly, particularly since LAPSO in 2012. Matt O'connor from fathers4justice estimates there are allegations of sexual abuse or DV in 30% of custody disputes.

In other words, the police should be wise to this and it sounds like they are. She certainly picked a stupid time to come out with the rape allegation and with the numerous other allegations her credibility should be about nil.

Nevertheless, the police have to take all complaints seriously and unless you can actually prove that she is perverting the course of justice or provide some evidence that the police should investigate there is unlikely to be any action taken against her unfortunately. Essentially you would really need her to confess to making it all up to a witness as in the extraordinary recent Jemma Beale case for plod to even start an investigation. Neither can you take any action against her yourself as any statement made to police or in a court is subject to legal privilege.

If, as seems likely, the case is not taken any further, she will have the automatic right to have the decision reviewed (The victims right to review - VRR) and this may delay the final decision further but hopefully she won't and there won't be too much longer to wait.

I can't see this helping her in the family courts in the end but I am no expert, my fingers will definitely be crossed for you.

[Nate63]

Hello and a sad welcome to DM Nate63.

So your ex has taken the "nuclear option" during a family court dispute, an all too familiar tale sadly, particularly since LAPSO in 2012. Matt O'connor from fathers4justice estimates there are allegations of sexual abuse or DV in 30% of custody disputes.

In other words, the police should be wise to this and it sounds like they are. She certainly picked a stupid time to come out with the rape allegation and with the numerous other allegations her credibility should be about nil.

Nevertheless, the police have to take all complaints seriously and unless you can actually prove that she is perverting the course of justice or provide some evidence that the police should investigate there is unlikely to be any action taken against her unfortunately. Essentially you would really need her to confess to making it all up to a witness as in the extraordinary recent Jemma Beale case for plod to even start an investigation. Neither can you take any action against her yourself as any statement made to police or in a court is subject to legal privilege.

If, as seems likely, the case is not taken any further, she will have the automatic right to have the decision reviewed (The victims right to review - VRR) and this may delay the final decision further but hopefully she won't and there won't be too much longer to wait.

I can't see this helping her in the family courts in the end but I am no expert, my fingers will definitely be crossed for you.

I suspect it will be near impossible then to have her proved the allegation is false, the amount of worry and stress it has put myself and my family through is unreal. Seems a bit unfair that she will not receive even a slap on the wrist for wasting so much police time and causing emotional distress to so many others.