Help Advice, Just found out today suspect for historical rape.

[raspjam]

Hi

Well never in a million years would i think i would be on a website/forum like this. Ive actually spent most of the day reading things, and im not sure if its made it worse or better but thought i would sign up share my experience so far and some concerns/questions

So basically i arrived home late to find a note through my letter box, a DC asking me to call them. I spent a good couple of hours googling the detectives name to try and get some idea what i might be about with no luck. So first thing in the morning i gave the person a call and they said they needed to speak to me and wanted to arrange an time. When asking what it was about there was some hesitance and thats when i found out they are investigating a claim of historical rape, when asking when this was suppose to of happened i was told late 2014 and i apparently met the person on a dating website. The person i spoke to said they where happy to be flexible when i come in so long as i didn't d!ck them around otherwise i would be arrested and brought in.

Before committing to a date/time i asked about legal representation to which i was give a few local firms, so i got of the phone explained the above to one firm and they have agreed to go with me and said not to worry to much and any questions they would answer them as best they could until then.

One of the first things i did between then was try and work out who this could of been as i didn't have a clue, during the time this was meant to have happened i was actually in a relationship from Jan 2014 till Mar 15, while we met from a dating website it wasn't the one quoted, i have to reason to believe it would be her and she is happily married now. Based on that at least i know who ever has made the claim has at least got the year wrong. The biggest thing thats driving me crazy at the moment is trying to work out who it could be, the following year i slept around quiet abit, but it was always consensual sex.

Anyway i believe i have at least made the first important step and thats make sure i have someone with me when i attend the interview.

Oh i was wondering if anyone can share any experience regarding computers and mobile phones, reading on here it seems everyones experience is a long drawn out process, and i rely on both my phone and laptop for work, and not having them for the next 6months or longer would be imposible.

Thanks in advance.

[Casehardened]

Hello and welcome to the forum though of course sorry that you needed to find us,

You are in the fortunate position of being asked to attend a 'voluntary' interview which means you have at least had some notice and time to prepare. This link is really aimed at those folks who have already been arrested but it might still answer some of your queries:

http://www.daftmoo.org.uk/mooforum/s...at-happens-now

[Peter1975]

Sorry you find yourself here raspjam but the vast majority of those coming to the groups early in the process tend to get the right result so you have done the right thing.

There isn't much you can do right now if you have no clue who the accuser might be but glad to hear you have a solicitor, hopefully one that is recommended here.

Nearly all interviews under caution are voluntary these days but don't be fooled, it should be assumed that the police are not your friends and it is never a friendly chat. Say nothing to police without the solicitor present. Your solicitor will get some disclosure and have a chat with you before interview. Make sure you think hard, be honest and make the most of this time with the sol, don't be in a rush to get out of there.

You essentially have two options at interview, either answer everything, carefully, honestly and without rambling, which is usually the best course of action in a historical case, or you can discuss with your solicitor giving a prepared written statement and answering "no comment" to further questions (or possibly answering some questions but not others - your solicitor will guide you)

The police can't seize your devices without a warrant or arresting you but they could possibly ask for them if they are deemed relevant to the investigation - and you would be wise to hand them over if that's the case. Very unlikely they will ask I would say, Are you even using the same devices as 2014?

Possible you have an old phone in a drawer that could be evidentially useful? Old messages can sometimes be recovered forensically if necessary.

Discuss all of this with your solicitor.

Please keep us updated and good luck.

[raspjam]

Hi, thanks for the reply. I tend to upgrade each year and actually my phone was damaged a few weeks ago so it was swapped out.

Regarding the solicitor I basicly went with the first person I called that covered criminal law. However after speaking to another who’s name I have seen mentioned in here he said make sure I choose one which has experience in historical cases, pointing out that some might advise me with no comment when answering questions and he believes in his experience it’s important to answer as much as you can to get your side out there at the start. This has actually made me wonder if I’ve chosen the wrong one based on my just making sure I have someone with me.

I have also found out that me changing now wouldn’t be under legal aid with no means testing, so could complicate things. Any advise around this would be good. I’m planning on speaking to the other person tomorrow to get a better idea and also the current one I made arrangements with to make sure what experience they have.

[Casehardened]

I have also found out that me changing now wouldn’t be under legal aid with no means testing, so could complicate things. Any advise around this would be good. I’m planning on speaking to the other person tomorrow to get a better idea and also the current one I made arrangements with to make sure what experience they have.

I'm not quite sure what you're querying but attendance at a police station to sit in on an interview is automatically covered by legal aid regardless of the clients circumstances. Peter as usual has given excellent advice regarding how to conduct yourself.

[OEN34]

Great advice above.

I too am under investigation for historical falsely accused rape and sexual assault, which were voluntary interviews.

Obviously go with what your solicitor says, but IMO it is worthwhile giving your full account as this will serve you in a better light than withholding information.

In terms of the phone; hand whatever you can over if you can. There was a 3 month delay in getting my phone so I printed all text messages, emails etc off myself and handed them to my solicitor to take to the officer.

It shows you are willing to help them.

Stay positive.

[raspjam]

update

I managed to change my solicitor yesterday to someone who specialises in historical cases, and had my interview this morning. Which i think went well. My solicitor said i did well, i gave a full account to the best of my memory considering how long ago this was meant to have happened and put my side across and now its just a waiting game. He mentioned they tried steering me down a path a few times, but i didn't follow, so was pleased with the interview.

They confirmed they didn't need my Phone, even though my solicitor said i had no issues handing it over. They said anything they might need to get they will do so through phone records, im guessing due to the time frame, and i have changed cell network and tend to update my phone each year. So thats a bonus for me at the moment as i dont need to start stressing of buying a new phone etc. Im not sure what the time limit is on recovering messages/call logs etc but im actually hoping they can get them as i believe they will side more with my account of what happened and expose her. Her time line of when this was meant to have happened is way off also, at least by a year maybe even more.

It seems in a nut shell she is bitter about me actually rejecting her still, and is lashing out. Which is how she acted at the time. So while i'm surprised at the delay, im not surprised in her malice at all. So im hoping they actually manage to recover the texts/call history from the network providers as i believe this will enforce my side of events and will show a lot of incorrect facts and miss truths about her. My solicitor did make a point of saying he wanted full disclosure of any texts/calls they obtain, im guessing this is in relation to what was recently in the news about texts being held back which actually proved someones innocence.

I've done a bit of digging online already through social media and the dating websites, and found a few bits which will help with my time line and further disprove hers, and how we first met. I guess the next steps for me now will be to try and send letters to my mobile phone provider, and the dating websites in question to get as much information as possible to help with both my timeline and what was and wasnt said. If anyone has any actual experience of doing this it would be good to hear.

All in all, im not too worried about this, and certainly not going to let it get me down or beet me. So as my solicitor said its just a waiting game now, and try to carry on with your live as you will be waiting for a while.

[Bob1234]

hi,

i have just read your unfortunate situation. Although i can't help in anyway like some of the more senior members on this forum i would like to wish you all the best with this process. Please keep posting as everyone here does help and hopefully i can too

Bob

[Peter1975]

Sounds like you did well.

I'm glad to hear that you have started doing some digging, it's never too early to be on the case although the odds are that this will go no further we can never be sure.

Investigations can and do take a very long time (but not always) - so your solicitor was right about the waiting game - try and get on with your life, keep active, distracted and try not to get obsessed with what might be happening behind the scenes. Easier said than done I know but it's important to look after yourself.

Please keep us updated. Someone will be here if you need to talk.

[Franticwithworry]

Welcome, raspjam, though I'm sorry you need the forum. You've had great advice so far and seem to have dealt with things in the best way possible. Your solicitor is right, so hunkering down for the long haul is good advice. If anything happens sooner, it will be a pleasant surprise. Keep yourself busy and things as 'normal' as possible and I hope you have some support in real life. Keep an eye on your mental health too though. 'Wobbles' may happen and if they do, there's no shame in asking your GP for some help and we are here for support as long as you need.