Cps time frames? Please help an anxious gal ou

[anxiouspartnerof]

Hello. I’ve posted before & finally have an update that I’d really appreciate some advice on. It’s taken 6months to bear anything and true to life we heard a few days before Christmas! Total downer. Eugh.

So my partners case (historic rape accusation) is now with the cps, we’ve been told once they receive the file it will be 4 weeks until we hear. I wanted to know how likely a charge is? I’ve read up on the cps and the code test they use etc but I was looking for some statistics etc. The case has no evidence (apart from text messages between my partner and the woman in question & her bf!) where they ask to meet my partner & tell him his life won’t be worth living etc.... the woman says in texts that she has medicals, CCTV and various other insane things. When she put her statement in she told police she had nothing. I’m wondered why it’s even went to cps! Is it normal protocol for police to refer to cps? Is her statement alone enough for it to get to cps level? Can evidence be adding after initial statement?

To charge you need to have pretty hard evidence right?

It’s so hard to not think over every bloody detail over and over or wonder what her motive is! (Angry or jealous ex boyfriend I think! She didn’t want to admit consensual sex so has told her bf it was rape for all these years) I think he had enough and told her she had to confront my partner or go to the police ... anyway I guess we don’t know why these crazy woman do this vile behaviour.

Any advice anyone can give id really appreciate it. My partners solicitor basically shouted at him down the phone saying he wouldn’t be charged and not to worry but Jesus that’s easier said than done! I’m Almost waiting on that charge coming through the letterbox and our world crumbling again .....

[Bob1234]

Hello and sorry to hear about your situation.

A more experienced member will help out more than me as they will have experience on historical cases.

My case is not historic and I am due to go to court within the next few months.

In regards to charge and needeing evidence. In my situation there is no evidence. Just the complaints word against mine. So it makes me think their code for passing a case for trial varies.

With the solicitor shouting down the phone that does sound a bit odd. As franticwithworry told me once, hope for the best, prepare for the worst as you never know with the cps.

Even with my case due to go to trial very soon we are still waiting full disclosure, the Liam Allen case has helped however and we are pushing for all the information possible before trial.

I wish you all the best with your situation.

Bob

[anxiouspartnerof]

Did you receive a charge then bob?

Thank you kindly for your reply

[Pond31]

Hi

Unfortunately there does not seem to be a set time limit for CPS decision making. In my case my file sat on a desk somewhere for 2 months before being allocated to a prosecutor and then after 59 days I phoned up to see what was happening. It turned out that the prosecutor had asked the police for more information a month before hand and they still had not received it. I do not know the decision yet and it has been 5 months since the PPS received my file.

So no there is no time scale. You have to factor in Christmas, staffing levels, staff illness, the CPS asking the police for clarifications or more information and many other factors. There is no legal requirement for the CPS to come to a decision within a set time. If you look at the European Court they have only found states guilty of breaching a persons right to 'be presented before a judge in a timely manner' when cases have been going on for 4+ years. So all you can do is sit and wait. You may however find out who is dealing with your husbands case and phone them up directly, or ask you solicitor to do it, for updates. If you do contact them, knowing what you are going to ask before hand and being polite is the key. Also make them understand that you cannot be fobbed off with meaningless responces is important.

The spate of bad publicity over failed rape cases over the past few months may actually benefit us falsely accused as I suspect the CPS will be not be so willing to attempt to prosecute weak cases.

Pond31

[sqounk]

Hello. I’ve posted before & finally have an update that I’d really appreciate some advice on. It’s taken 6months to bear anything and true to life we heard a few days before Christmas! Total downer. Eugh.

I’m wondered why it’s even went to cps! Is it normal protocol for police to refer to cps? Is her statement alone enough for it to get to cps level? Can evidence be adding after initial statement?

To charge you need to have pretty hard evidence right?

It’s so hard to not think over every bloody detail over and over or wonder what her motive is! (Angry or jealous ex boyfriend I think! She didn’t want to admit consensual sex so has told her bf it was rape for all these years) I think he had enough and told her she had to confront my partner or go to the police ... anyway I guess we don’t know why these crazy woman do this vile behaviour.

Any advice anyone can give id really appreciate it. My partners solicitor basically shouted at him down the phone saying he wouldn’t be charged and not to worry but Jesus that’s easier said than done! I’m Almost waiting on that charge coming through the letterbox and our world crumbling again .....

Ok - so yes, it is normal for all cases of this kind to go to the CPS - Police cannot make a charging decision in cases like this. We've all heard of cases whereby minimal evidence was produced at court (usually much to the annoyance of the judge) - and they may charge in the hope that evidence might present itself in time for the court case. I think the appetite for taking on risky cases will probably be minimised by recent press exposure and even if it does go to court, remember that if there is 'reasonable doubt' in the minds of the jury, your partner cannot be convicted. Who knows why these people do these things? Revenge, money, escaping blame/self-denial - there are a lot of unbalanced people out there who think it is reasonable to have a man imprisoned in order to make themselves feel better - being as there is little come back on themselves, and potential compensation may come their way, they have carte blanche to say what they want without fear of recrimination or their identity being revealed. I think a sea change is on the way with recent press reports. Well, one can hope. Unfortunately, it is clear that 'I am innocent so I cannot be proved guilty' is not true in these cases, as we have seen so I would say gather as much evidence as you can even if your solicitor is saying 'don't worry'. Better to be prepared and not need it that to not be prepared and need it.

[Pond31]

Who knows why....?

Read hors293.pdf entitled 'Gap or chasm: Attrition in Rape Cases' it tells you why the FA do it. They also show that 12% of claims that reach the police are false. This a government study and is biased in their thinking but still if there are 65,000 accusations or rape and/or sexual assault then 7800 false claims. How many off these 7800 false claims have destroyed men's lives.

[weary]

Sigh - you have my sympathies and I hope you hear sooner than us. It is coming up to two years since the investigating officer knocked on the door...