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  • Bad situation, advise needed

    Firstly let me say i have been reading through these forums and there is a lot of friendly and caring people amongst these pages and those of you who have found the advice you seeked are very lucky, i just hope it works.

    I have been accussed of raping a 19 girl, a friend of many years, as a result of a night out drinking. The long and short of it is we had discussed it throughout the evening and kissed on several occassions and we have both flirted with each on and of since school. I was 21 at the time and she was 19, there was consent but after about 30 seconds she asked me to stop as she felt sick and was asking me to get "danny" which i later found out was an ex lover of hers. She was sick shortly after we stopped, having recently split up with her boyfriend i thought it was down to drinking on an empty stomach/guilt. I left my room to get her some water, at the time i lived in shared accomadation and my flat mate was in the other room with his girlfriend. When i came back from the kitchen, the accuser was in the bathroom with my flat mates girlfriend complaining of being raped. She asked me if this was true and i was shocked and denied it. My flat mates girlfriend attempted to phone the police but the accuser insisted that she didnt and wanted to go home and left my house. I followed her out the door asking why she would say such a thing and she asked me to leave her alone. We got around the corner and she sat on a wall and i sat with her trying to calm her down but find out why she would say such a thing. Shortly afterwards the police arrived. I stayed calm and went back with them for my interview and was bailed.

    I am now due to appear in crown court as i am as far as being charged now.

    On my birthday (6th november 2007) i recieved a phone call from the police asking me to come into the station as another girl had made a similar alligation.

    I went along and it turned out to be this girl who had a crush on me from the summer, she was only 15 at the time and it never got as far as sex becuase i was arguing with my girlfriend at the time and allthough drunk realised i was in dangerous water. This girl is claiming i raped her and there is absolutely no evidence other than her word, i am due to go report from bail on the 11th of january 2008.

    Now i no that these 2 girls know each other and the go between is a 2 guys called ben and sean( who both hate me and have had sexual experience with both these girls, the 15 year old being 14 at the time). I insisted to the police that "ben" had slept with this girl on many occasions and i know that she has said other people have raped her in the past for attention i presume but i think the police are paying little, if any attention to this, and the girl see's it as a good oppurtunity to get a weeks worth of attention from friends and family and let me suffer 4 years onwards of ****.

    I really dont no what to do, i no it is easy to say you didnt rape someone but i honestly didnt but i feel the odds are stacked against me. I WILL NOT LET FEAR GET THE BETTER OF ME, one thing my dad taught me is never to let the unknown scare you and what will be will be.

    Having said that i have a baby boy on the way on the 8th january 2008, 3 days before i report to bail and am probably remanded.

    Now im wondering if i have a leg to stand on, if i am not convicted how do i go about making the accussers suffer legaly for putting me and my family through this and any other advice you have to give.

    one more thing, yes the police are corrupt, the first girl in her statement wanted to go home, plod and i qoute" without your statement we cannot obtain a conviction, your statement is our evidence" she insists on not making one and wanted to go home, they let her mother in the room and she is in the background egging her on. The tape is stopped for around 10 mins and they come back in, she then proceeds to give a lenghtly statement.

    Please help
    Last edited by ashley m; 28 December 2007, 07:21 AM.

  • #2
    The alleged rape of the 19 year old sounds as though it was quite recent. Was it? Also, how do you know that:
    the first girl in her statement wanted to go home, plod and i qoute" without your statement we cannot obtain a conviction, your statement is our evidence" she insists on not making one and wanted to go home, they let her mother in the room and she is in the background egging her on. The tape is stopped for around 10 mins and they come back in, she then proceeds to give a lenghtly statement???

    If this is true and there evidence that her mum is in the background "egging her on" then I would suggest that the statement cannot stand as clearly it was made under duress.

    Re the 15 year old - you will need to provide evidence that the two complainants know each other and that there is some sort of collusion going on.

    An experienced solicitor should be able to help you - don't rely on the duty solicitor.
    People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

    PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

    Comment


    • #3
      I agree with Rights Fighter, this sounds complicated and your only way forward is to instruct an experienced solicitor - and i mean experienced in these sorts of cases, not the duty solicitor.

      Your account of events seems a little confused. is this a historic (ie, an allegation made from events that happened a while ago) or a recent allegation? I have read and re-read your post, but I can't ascertain that.

      you should contact FASO - www.false-allegations.org.uk to find an experienced solicitor in your area. they will also be able to provide emotional support in terms of a friendly ear to listen, and a strong shoulder.

      Comment


      • #4
        Thanks for your reply's. yes it was during the summer. Basically she led me on all night and i offered to her on several occasions to go home but she said no, in her statement she says she walked to my house, but we got a taxi as it is a 20 mins walk, but she claims we walked there in 5 mins and wanted me to get her a taxi but i refussed once she was at my address.

        Comment


        • #5
          Then you must get a statement (preferably via your solicitor) from the taxi firm and taxi driver as this is an integral part of the defence.

          I have to say Ashley that being "led on" by somebody is no excuse for having sex with her - you say your son is due to be born in January so your partner must have been pregnant at the time. We all have free will and can say "no" to somebody who is coming on to us - just as a genuine victim of rape has the right to say "no" and to mean it.

          However, that aside, her story seems to be muddled as far as walking home is concerned. You should use that to best advantage.
          People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

          PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

          Comment


          • #6
            yes i agree with you but we are debating that when she said stop i stopped, which i did but she says i didnt, thats the issue. But thanks for your advice anyway

            Comment


            • #7
              My apologies Ashley - I thought you were querying other aspects to the matter as well as :
              the first girl in her statement wanted to go home, plod and i qoute" without your statement we cannot obtain a conviction, your statement is our evidence" she insists on not making one and wanted to go home, they let her mother in the room and she is in the background egging her on. The tape is stopped for around 10 mins and they come back in, she then proceeds to give a lenghtly statement???

              If what you implied in your latest post relating to stopping when requested is the only issue then you will have a hard job proving that unless others were present at the material time, which is unlikely! That alone would be a case of one persons word against another. I would be looking at other angles to defend such as what you said (as quoted above) but you will need to explain how you came by that information and whether it is credible and capable of belief..
              Last edited by Rights Fighter; 29 December 2007, 06:26 PM.
              People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

              PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

              Comment


              • #8
                In the papers i recieved of the tape interview they have actually logged the what the mother says, the girl refusing, the time the tape stoped and the time it started again. Its hard to describe but its like watching a movie with a twist ending, you can feel the mood change whilst reading it, somethings not right and i think its rediculous it has got as far is this but what can i do

                Comment


                • #9
                  make a copy of that interview as that bit might well be edited out for trial (if it gets that far). You will need to make sure your barrister has that.
                  People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

                  PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

                  Comment


                  • #10
                    some good news, my baby was born 06:34 am on news years day, he has a little bit of jhawndus(if thats how you spell it) but other than that he is healthy and should be home soon.

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                    • #11
                      Congratulations!

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                      • #12
                        Yeayyy! Jaundice is how it's spelled. I do hope he will be OK.
                        People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

                        PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

                        Comment


                        • #13
                          Congratulations on the birth!

                          Now you have another reason to fight like furry!

                          You child and your parental relationship with that child!

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                          • #14
                            He is the cutest you should hear his lil cry, i love him already feels like ive known him forever

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