falsely accused (no surprise there!)

[lemming]

okay, having spent a long time reading this site as well as googling the web, i have to confess to being incredibly worried about my future...
i went out with a group of work colleagues and we all got pretty drunk. one girll was flirting with me all night, and at the end she refused all offers of lifts home and said i would walk her home (the other people rightly assumed this meant we were going to have sex). and we went back to mine and... had sex - drunken, fumbling sex but definitely consensual. She stayed until the morning, and was getting a lot of hassle on her mobile for not going home or picking up her son etc, but later called in sick for work. the next day i was arrested and questioned as she had alleged rape.
i was horrified and refused a solicitor (yeah, i get that it was stupid), based on the fact that i was only ever going to tell the truth. the truth turned out to be a lot of "i don't remember" or "im not sure", since my head was wrecked and my memory of the night was patchy in places. going against the grain, i can honestly say that the police were fantastic and treated me with dignity, or as much as possible when you're having your penis swabbed...
what worries me is that i've been rebailed as the police are STILL investigating (any uncollected CCTV would have disappeared from the system by now and witness statements can only be vague and tainted by the accusation); they've so far interviewed only one of the people who we were drinking with; they have no interest in speaking to me again to clarify any points that weren't clear, or anything that i might have remembered since the only interview i've had etc.
what REALLY worries me is that i've since discovered the girl who made the allegation (and i'd assumed she made the allegation because she was confused or unsure about the night) is really trying to stitch me up: she says she was ditched by her friends so had no choice but to go with me; i got her into my house by telling her i wanted to collect a jacket before walking her home; that we had a drink at mine (we didn't) and she passed out (she thinks i roofy-cocktailed her, and explains why the previous statement was invented) and therefore doesn't remember anything that happened. this achieves another, more convincing goal: she does not have to take ANY responsibility for the events of the night. so any questions asked by her family (we're sick of you staying out all night, we're fed up of you leaving your son with us) or her at-the-time boyfriend, are covered. and any attention and sympathy defaults to her.
the only good thing about her lies is this laid to rest any lingering doubt about my innocence by everyone in the town, and a lot of people made the effort to knock on my door and tell me that. believe me, that meant a lot. sadly, it's not a popularity contest...
so if the police aren't interested in collecting evidence that might defend me, to meet government conviction targets; if she says she was too drunk/drugged to give consent; if the fact that some people have called her a liar etc (nothing to do with me, before they'd even made contact with me) and that could be construed as intimidation, and whatever else is going on that i don't know about... am i screwed???
also, the police asked if i remembered saying to her "if you want me to stop, i'll stop" (later i found out that apparently she replied either "you might as well carry on" or "would it make a difference if i said no?", depending on who you speak to). i said no, because i never said that - but i was very tempted for a split-second to say yes because it sounds like i was being mindful of the issue of consent. that would have been a stupid thing to do, right? right??
if anyone has any comments or advice on my situation it would be much appreciated. fortunately the length of time, the unselfish support of others and the fact i feel like i have something to fight now have all helped sort out my head. though i can't guarantee i won't vomit and faint if they charge me...

[RFLH]

Well done on keeping your sense of humour - you will need it!!

I think from what you've said it may well be a foregone conclusion that charges will follow.

Rights Fighter or Saffron will be along soon to offer you the legal and practical help you're looking for.

[lemming]

great news, aye?

ha!
rest assured, my sense of humour is only recently restored, but since i don't have any control or input in this situation yet still need to function as a human being, there's really no other sane response, really...
just a bit concerned that, rereading it, i might have not given an accurate reflection of the horrendous situation this is. if i had, i'd still be tapping away till tomorrow morning!
there was no intention to have sex with her at all until she made it obvious towards the end of the night so i wasn't "plying" her with drink; she was merry, not blotto, and regularly consumes that amount of alcohol; her version of events (from what she's told other people, don't know what she's told the police) differ from mine as already explained, to the extent that it's rubbish; i didn't understand why the allegation had been made, but could only rationalise it by her being confused - it never occurred to me it had been done with ill intent until other people made it clear.
and this situation is entirely beyond my ken, having no criminal record to speak of (i got fasttracked to the top!), and have not even told my parents (they being 100 miles away there's not much they can do anyway). it should go without saying that i've lost my job...
so what's done is done, and the waiting is the killer. in the meantime, what's the best course of action? would it be sensible to get witness statements myself; should i compile everything i remember from the incident that i didn't mention in the interview - or would that be viewed as just making stuff up?; should i keep a timeline of who contacted me when, so any claims of intimidation can be countered; and does anyone have any other suggestions eg would the possibility of malicious intent form a defence in court, or be considered an attack on the character of "victim"...
how important is the context of the night? all the hugging and kissing that, one hopes, is captured on cctv and what was witnessed? and does it make a difference that she stayed at mine until 9.30am, she had very good reasons for making her excuses and leaving but didn't bother, or was she "traumatised"?
oh, and is it silly to put details on a forum like this (ther's nothing here that i wouldn't want the police to see), or is it fine as everything's anonymous?
and is it unusual for the investigation to go on so long (11 weeks between arrest and next bail end), or is it just the time of year, lots of rapes and assaults at xmas time so backlog of cases?

questions, questions...

ps see, i waffled on too long again, but anyone who's feeling particularly rubbish about be accused of rape really should check out kipling's if - there's a reason it's the nations favourite poem...

[Rights Fighter]

11 weeks is nothing my friend!!! I've known guys wait several months or longer to be told what is going on or what might be going on.

You need a solicitor who is experienced in false allegations of sexual abuse. PM me your location and I'll see if I know of a recommended sol in your area. Don't rely on duty sols. Most are in league with Plod unless you got a duty solicitor from the firm of your choice. It doesn't sound like you did.

It's difficult these days to change sols (as you then have to apply for a transfer of funding). Many judges won't allow this without a damn good argument. I know one case where the judge initially refused point blank to transfer the funding even telling him he would have to defend himself (which means he would be unable to cross-examine his accuser - not good) but eventually conceded on the arguments.

Yes you need to write everything down as you recall it. Yes, if it goes to trial you will be accused of not divulging everything in interview but you can of course then counter that with - shock, horror of the allegations stunned you into auto-pilot. Plus you were pissed which means you might remember stuff after the event and after interview. Most jurors get pissed at some time or another and would relate to that. Try not come across as Mr Goody-goody. They won't be fooled by that.

If possible you need to get hold of CCTV via your solicitor. You mentioned in your earlier post that you thought this may no longer exist which if true would be a shame. It's a waste of time expecting Plod to investigate this because they won't. They are generally more interested in getting convictions.

Get everybody who you think might be material to the case to write statements. Then get these to you solicitor.

Good character references can assist.

[Rights Fighter]

Hi Lemming

I've just re-read what you said in part:

"and witness statements can only be vague and tainted by the
accusation".

How can witness statements be tainted by the accusation? Are you talking about statements for prosecution or defence?

[lemming]

getting a very strong impression from reading all the threads that the police ain't getting any valentine cards next month from you guys...

and i forgot to say, the girl is also alleging during the night i accessed her mobile phone and deleted text messages and call logs from that evening. why would i do that? no idea... bad news for me obviously (when i talk about how her lying turned people against her, be clear that she IS lying, blatantly. that's why people turned against her, so it's not just the usual "i know him and he's not capable of rape" response).

anyway... when the police arrested me, 40 hours after the alleged incident, would it not be a good thing that all evidence they would reasonably require was available (my clothes from that night, bedlinen, my mobile, 4 days worth of washing-up - remember she says we had a drink at mine)? as in the act of deleting things from her phone would indicate that i knew i'd committed a crime and was trying to destroy any evidence. it would surely be crass stupidity for me to then leave every other bit of evidence laid out in my house, despite being able to get rid of it and be able to explain it away (i cleaned my house, officer). but the fact that all evidence was available should be an indication that i had no idea anything was amiss, and cast doubt on whether i touched her phone...

*sigh* seriously, it feels like i've been plucked out of my cosy world and dumped unceremoniously into somebody else's much more unpleasant world. not the accusation of rape, but the feeling of having someone force their dark, shameful and poisonous view of the world onto me. that's the best i can do to explain it.

but on the plus side i start a new job tomorrow, working for someone i know and trust. and you poor fools have to listen to my ramblings so's i can treat myself to some big cheesy grins and crack on with it. that's better x

[lemming]

phew! you guys reply quickly!

it's difficult to go into detail without boring everyone to death with intricate details... basically the bulk of the night was spent in a nightclub opposite the bar that i managed, so witnesses are the people who were out that night, as well as staff who came in at the end of shift - they were the ones offering lifts home.

in terms of the evidence being vague - i mean that it's been 5 weeks since the alleged incident so people's memories ain't that good, particularly when nothing outrageous happened that would stick in the mind, so details would be thin on the ground. and in terms of being tainted you'd need to bear in mind that i haven't spoken to everyone from that night so don't know exactly what they make of it. though that may just be my now over-active paronoia, and would imagine most witnesses would try to give opinion-led statements such as "she was all over him" and the like. this could come across as collusion? on the other hand, people could equally twist it to look like the opposite, which does me even less favours. but yeah, on reflection it's likely me being paranoid. "rape" is an emotive word.

in terms of sols, i will pm you asap. the only contact i've had with a solicitor is speaking to a firm on the phone days before before i got rebailed, who rang the police on bail day, and rang me later on that day. they said there's nothing to be done until the end of my bail. fullstop. so i don't think changing sols will be an issue...

thanks for confirming i should write everything down. would have been depressing to do it without knowing if it'll do any good.

i have character refs coming out of my ears (not looking forward to explaining why i'd need 'em). i got the impression from t'internet this was an outmoded way of doing it, in the same vein as discrediting the accuser's character is, um, frowned upon. would this be more the icing on the cake, rather than something to make a big thing of?

my morals are of the 21st century flexible variety! it stings more that i've always got on well with the police (and licensing officers, fire officers, eho, trading standards etc) in my professional dealings. i've never pretended to be a good boy, just never been as bad as i'm being made to look...

11 weeks is nothing??? aargh!!! i'm gonna need to stock up on cigarettes!

[RFLH]

I don't think trying to give up at the moment may be a good idea for you - just don't smoke more than you have to!

Listen to RF - I'm only her 'little helper' - she talks sense. Write down every thing you can think of, time lines- brilliant idea. It's amazing what you do remember from just one night.

Sadly this is all par for the course with these cases and prepare for a very long wait. They don't move quickly and they won't be helpful! In fact in most cases they obstruct you in every way - beware of moving goal posts if you mention a time of a happening.

It's not a good idea to put all the finer details on here - you never know who is reading this.

Good luck with your job!!

[Rights Fighter]

the girl is also alleging during the night i accessed her mobile phone and deleted text messages and call logs from that evening. why would i do that? no idea..

Your solicitor should be able to instruct a computer/mobile phone expert to retrieve these messages. Contact http://www.afentis.com/ and ask for Ross. Tell him you've been referred by PAFAA.

There isn't really much a solicitor can do until advance disclosure (Outline of case from the Crown, complainant's statement(s) etc. is handed over so they know what they are playing with, so to speak.

It is unlikely that her past sexual history (section 41) will be allowed into the evidence unless she's made allegations against people before. You need to listen to local gossip on that one.

It sounds to me like she regretted the sex and also has a partner to answer to (or parents). It's a pretty much a text book case I think.

I've not heard of the solicitor you mentioned in your PM. I can't do any research as there is no website. I would always choose a reasonably sized practice with more than, say, 1 senior partner + more than 2 solicitors + more than 2 case workers all in the criminal defence department. I find that one man bands are usually too busy to attend to more than a couple of cases at a time.

[utterlydestroyed]

Hi Lemming

I would seriously consider getting some statments.(and asking for that CCTV footage to be saved)...even if just to have them for peace of mind. I know I read & re-read the statements given to me by witnesses, it gave me some peace of mind. There it was in B&W from so many people.... completely in line with my recollection of events.

Its a fine balance though, by asking people to commit to put in writing what they recall, means more people become even more aware of the allegation and the knock on effect that can have

...and sadely, it is astounding how many people (not witnesses) think, because you have been arrested, then you must be guilty.

All I ever asked of people was that they gave their honest account of their recollection. (although the police (GRRRRR! ) tried & succeeded to obstruct all the statements as they supported my case).

You need legal advice. Sorry, but you need to think longer than eleven weeks for it to drag on and as already expressed DO NOT expect police to gather any information/evidence which may be to your benefit as a defendent.

My case NFA'd last year. Only this weekend my 'accusor' was posting widely on internet that they had been to court and I had now been 'sent down' as a result!

Derr! It never went to court, I was never even charged & 'hello' I'm still here.

Yes, I have reported it to the police, (this further evidence that my accusor is a compulsive liar) both to the LGBT diversity officer & the Police HQ. WASTE OF TIME! Nothing they can (or want to) do they say...well of course not, that might expose their own officers corrupt conduct & behavior!

I cannot reiterate enough, DO NOT expect the (British) police to act with honesty, impartiality or integrity in such cases. Just for the record I was brought up to respect the police...NEVER, EVER again!

RFLH is right, beware of attempted goal post moving.

Good luck with the new job

UD

[lemming]

i'm in it for the long haul? should have bought a business class ticket...

All I ever asked of people was that they gave their honest account of their recollection. (although the police (GRRRRR! ) tried & succeeded to obstruct all the statements as they supported my case).

um.. that's worrying! do you mind me asking what reasons the police gave to block those statements? is there a "best practice" for collecting statements independantly?

and would there be issues if i spoke to someone re case and later the police interviewed them? believe it or not i've kept fairly tight-lipped about my version of events with potential witnesses and spent most of my time not talking about it, at worst ive been unable to surpress a "that's bull£**T" response when being told what's been said about me by her.

thanks for your help!

[Saffron]

Hi Lemming and welcome

RF and UD are right - you cannot reply on the police to look for evidence that will prove your innocence, or at least cast doubt on your accuser's veracity. they will go as far as finding evidence that they think will allow them to press charges and no further. hence why they were not interested in your washing up, etc. (although to be fair i am not that interested in my own washing up, let alone anyone else's!)

your idea about writing everything down and making up a timeline is a good one. it is also definitely worth asking people for statements about the evening, as UD and RF have said - that she refused offers of lifts, etc. If she is claiming she was abandoned by her friends and you persuaded her to walk home with you, then such a statement will be very powerful. if the police are unwilling to take these statements, (quite likely!) ask your solicitor to take them, and forward copies to the police. Make sure that copies are kept safe though, as Plod will occasionally "lose" helpful defence evidence.

As for the mobile phone - a good barrister would suggest that she deleted the messages herself so that her boyfriend wouldn't find them. however, if she sent you flirty text messages and they are still be in your phone, it could be very helpful.

Additionally, if she is claiming she was too drunk/drugged to give consent, why does she remember you saying "if you want me to stop, i'll stop"?

her statement sounds full of holes to me, but hey, that doesn't mean anything!

good luck. do as RF says and get a specialist solicitor - do not just rely on the Duty one: this is a Serious Arrestable Offence, and you can't take any chances. Rape is a very emotive thing, and juries are far more likely to believe the accuser than the defendant. after all, why would she make something like that up...? reasonable people would never do such a thing!

Let us know how you get on.

[Rights Fighter]

I think in Lemming's case, goal posts are not relevant as the date and time is agreed. All that is not agreed is whether the act was consensual or not.

I would not give any helpful to defence statements to the police. You might find that your witnesses disappear as Plod bring them in for questioning and turn them into prosecution witnesses.

Those statements would then end up in the "unused bundle", probably after the trial so defence can't use them. Believe me - this really does happen more often than you would think.

[Saffron]

Good point RF.
at this stage you need to prepare yourself for the very real possibility that this may go to trial. by forwarding any helpful statements to the police you are giving them the chance to "hijack" those witnesses for the prosecution. The police are very clever at twisting things to their own advantage.
so I stand corrected! sorry for giving duff advice....
PS, Lemming, you are quite right about Kipling's "If"...I drew great strength from it when my husbnand was wrongly convicted and locked up.

[lemming]

no worries.

your advice was based on common sense, but it sounds like people can't apply that sort of thing to allegations of rape.

surely this chasing of convictions at any cost can't be totally pervasive in the system? is it some sort of postcode lottery (like the hospitals, for readers of the daily mail), or is it a case of "paranoia is sanity"?

wouldn't like to bet the next few years of my life on any positive answers to the first question, just curious...