Falsely Accused of Rape - Scotland but Living Abroad

[ScotMun]

Hi,

I, like presumably all others here, never in my life thought I’d be in the position I find myself in today but here we are

My story is a little more complicated due to the fact that I live in another EU country but my FA comes from my time at University in my home country of Scotland. Essentially here is the run of events:

I live with my long-term girlfriend of three years in a different EU country and in the middle of February this year she received a strange email from Police Scotland asking her to call them about a “non-recent incident” stemming from her time at University. The tagline of the email identified the officer as being from the Divisonal Rape Investigation Unit so she was quite concerned as to what it would all be about.

As soon as she made the call she called me immediately after in a state of panic to say that the police officer had been asking about me and if she had previously been in a relationship with me. As soon as she confirmed that not only had we been (and still are) in a relationship, but we were living together abroad the officer was apparently dumbstruck, claiming that “she was under the impression we were no longer together.” At this point the officer put my girlfriend on hold “to process the information,” the promptly thanked her for her information and terminated the call.

Sending that something was off, I immediately contacted a lawyer in Scotland who got in touch with the DC who at the time said she would be in touch if they needed more information.

Now yesterday I received a message from the lawyer asking me to call him. He told me that the police had been in touch and would indeed like to interview me. He said they had told him that I was a suspect of a rape in 2014 and that if I didn’t arrange an interview time I would be arrested at the airport on my next return to the country. He then asked me if I could think of anything like that which could have happened in that time and honestly I cannot, to which he said they will likely be looking for corroborative evidence in that case from my statement and to prepare myself for a “no comment” interview.

To reiterate - I HAVE NO IDEA WHAT THIS IS ABOUT. I had a string of fully consensual sex in that year before I met my girlfriend in early 2015, but I am still friends or at least acquaintances with every single one of them. Moreover I have had absolutely no strange or suspicious social media correspondence which would in any way implicate me in any kind of sexual assault. Nothing whatsoever.

So I’m hoping anyone here with experience could offer some guidance, particularly to the following:

1) I cannot believe there is any real evidence aside from the allegation which has been made against me. Is it normal for the police to want to arrest me based on that?
2) it has been three months since that first phone call to my girlfriend and now I’m to be interviewed. Is this a normal timeframe
3) What evidence could possibly be used to even attempt to implicate a person in something like this? Even if this is somebody I did have something with why wait three and a half years to say something, and why would they have continued to have a normal, friendly relationship with me in the time between?

I have so many questions flying around my head now and I’m desperately replaying every encounter I had from that time but there’s literally nothing I can think of. I just want my life back and to feel normal again.

I hope to hear from someone soon.

Take care.

[Casehardened]

Hello and welcome to the forum (with the usual caveat that I'm sorry that you have had to find your way here!)

I understand your shock and bewilderment and, on the basis that Scottish police carry out their investigations on a broadly similar basis to English forces, (although the actual legal system is significantly different) will attempt to answer one of your questions.

You rightly mention the lack of evidence but historical sexual assault allegations are treated differently in that the only evidence required to start an investigation is a statement from the accuser together with the opportunity for the assault to have occurred. (my highlighting)

Playing devil's advocate, the reason for this is that there is very likely no other evidence whatsoever so unless a statement can be used no cases (and many are genuine!) would ever come to trial.

If you get a chance to read some of the very many case histories on this forum you will see that time delays in (a) the accuser making the allegation and (b) the police undertaking the investigation are not unusual.

[ScotMun]

Thanks, I appreciate you taking the time to read through my experience so far. I told my solicitor I won’t be back in the country for a few months and he arranged the interview for the next time I’m back in the country, although to be honest I’m kind of scared to come back in case they try and keep me there. I work and live abroad so that alone would genuinely ruin my life. The only positive I can remotely infer is that the police were ok with my arranging it on my own terms. I don’t know if that means much though.

I think the worst part is the uncertainty. I was told the timeframe and location but I know for a fact I’ve never been involved in anything remotely close to rape. Even the word makes me feel sick.

Ive gone through all of my sexual encounters in that time a hundred times over and there is literally nothing which stands out at all. They also all took place in a private setting so I can’t understand how any allegation like this could even be corroborated even if somehow, all these years later, someone did decide I’d acted inappropriately. Again I just cannot fathom this whatsoever.

My solicitor seemed convinced that if I couldn’t think of anything they would have no evidence and therefore I should do a “no comment” interview. Apparently in Scotland there can be no negative inference drawn or defence affected by doing this but it still makes me feel like a guilty person. Does anyone have any experience here? Is it really the right thing to do?

[Caught red handed]

Hi, my husband gave a no comment interview as recommended by his solicitor and afterwards he was able to write a hand written statement of his version of events. Because it is an accusatory system they will be looking for you to incriminate yourself during the interview, and then use this as evidence against you. We still don’t know if he’ll be charged so I can’t say if this was a good option, but if the solicitor advises you to go ‘no comment’ then you’re probably best doing that. But it’s your decision at the end of the day.

[ScotMun]

To be honest it’s the route I’m leaning towards. I’ve read about 100 different studies and commentaries about the Scottish legal system since this whole thing started and if the need for corroboration is as deciding a factor as it seems to be then I feel like no matter what I said it would be essentially loading the police with ammunition.

The good news is I got lucky living here abroad and also that they made the mistake of calling my girlfriend thinking she was my ex which tipped me off, otherwise they could well have turned up at my house or workplace. I honestly can’t think of anything more humiliating.

I’m sorry for anyone who has to go through this, I really am.

[Casehardened]

Thanks, I appreciate you taking the time to read through my experience so far. I told my solicitor I won’t be back in the country for a few months and he arranged the interview for the next time I’m back in the country, although to be honest I’m kind of scared to come back in case they try and keep me there. I work and live abroad so that alone would genuinely ruin my life. The only positive I can remotely infer is that the police were ok with my arranging it on my own terms. I don’t know if that means much though.

As your solicitor is obviously on the ball and helpful it would be worth asking his opinion about this.....I'm being rather pessimistic but my passport was seized at my interview on the grounds that I had connections abroad and they were worried that I might disappear (it wasn't returned until NFA, about 9 months later)

[ScotMun]

Wow, that’s a very scary thought. I’ll ask the question and let you know what he says.

I would hope that considering I proactively offered to go to an interview and I have been contactable this entire time they will see there is no reason to view me as a flight risk. Also they have my address already so it’s not like they wouldn’t know where to find me...

[Pond31]

Wow, that’s a very scary thought. I’ll ask the question and let you know what he says.

I would hope that considering I proactively offered to go to an interview and I have been contactable this entire time they will see there is no reason to view me as a flight risk. Also they have my address already so it’s not like they wouldn’t know where to find me...

My advice is to get a guarantee from the police via your solicitor that they will not prevent you from returning to your work or attempt to seize you passport. If they refuse to do so, then I would offer only to do an interview in the country you work in. The police can fly out and interview there. It has been done before. I can't understand why they need a face to face interview when they can speak to you over skype or something else. If an FA can be questioned via video in court then why can't a falsely accused person be interviewed by the same method.

As you are a Scot I would just wonder if you one of the many with Irish ancestry, if so I would check if you could get an Irish Passport if you could.

Pond31

[Franticwithworry]

My advice is to get a guarantee from the police via your solicitor that they will not prevent you from returning to your work or attempt to seize you passport. If they refuse to do so, then I would offer only to do an interview in the country you work in. The police can fly out and interview there. It has been done before. I can't understand why they need a face to face interview when they can speak to you over skype or something else. If an FA can be questioned via video in court then why can't a falsely accused person be interviewed by the same method.

As you are a Scot I would just wonder if you one of the many with Irish ancestry, if so I would check if you could get an Irish Passport if you could.

Pond31

Another welcome here, albeit sad one, and a response to Pond31's post -

Multiple passports won't make a difference. They can seize them all and make it a bail condition not to apply for any kind of travel document. The English police can travel the world to interview complainants so the Scots police should be able to also, but there's no guarantee and getting information out of them about how they operate - or don't, as the case may be - is like getting blood out of a stone. The issue will be if you need to return to the UK and what the police can do while you're here as opposed to there and how they will view it if you fail to return. The various police forces work together when it suits them, and travelling to an EU country is less of a hassle from all points of view than to anywhere else, for the police and anyone else.

Trying to second-guess the police is an art in clairvoyance and unfortunately they don't always do what they say they will do or tell you what they are going to do beforehand.

I don't say this to frighten you but to impress upon you that it's wise to be guided by your solicitor (who needs to be one experience in false allegations) and not by the 'nice' policeman at the end of the phone or sending the email.

[ScotMun]

Thanks to all of you for the advice and support here.

My career has just taken a turn for the better so this really feels like a hammer blow right now. If I didn’t know any better I’d think it was an attack out of jealousy or something. I know that sounds like a terribly conceited thing to say but I can’t think of any other motivation right now and the timing is just awful.

I sent the message to my sol. Let’s see what happens.

In the meantime I’m keeping my spirits up with lots of gym and cooking. Also FA Cup Final tonight so there’s that

[Franticwithworry]

Jealousy seems to be a relatively common motive. It's not conceited to think of that reason at all. Enjoy the football and have a Gym and cooking is good too.

[Pond31]

Jealousy seems to be a relatively common motive. It's not conceited to think of that reason at all. Enjoy the football and have a Gym and cooking is good too.

From the report [b]A gap or a chasm? Attrition in reported rape cases[b/] there are two main headings that false allegations are made, they are Revenge and Cover Up. FA seek revenge for a slight etc or attempt to Cover Up for cheating etc. The reason for this type of case may be neither. The FA may have had consensual sex then years later thought about it and changed her feelings. She then goes to the police and they then ruin someones life.

Feelings do not make a crime.

Pond31

[ScotMun]

Thanks all. Spoke to sol and he said he firstly thinks it’s very unlikely I’ll even be charged given the obvious lack of evidence, making the passport fears redundant, and even if I were the fact that I flew over for the interview makes the argument for seizing my passport incredibly weak so I’m going to trust his judgement and just go to the interview as planned.

Will keep you all updated.

[Pond31]

Thanks all. Spoke to sol and he said he firstly thinks it’s very unlikely I’ll even be charged given the obvious lack of evidence, making the passport fears redundant, and even if I were the fact that I flew over for the interview makes the argument for seizing my passport incredibly weak so I’m going to trust his judgement and just go to the interview as planned.

Will keep you all updated.

ScotMun

Please don't think reasonable, sensible and logical when it is related to the police. If you job relies on you being to able to return to a foreign country then you need a guarantee that the police will not take your passport or restrict your movements via bail conditions. Yes there may be no evidence but the police have a duty to investigate and they will do whatever makes life easier for them.

This site is full of members who have been held on bail and their life ruin in cases were there is NO EVIDENCE. The police don't know there is no evidence until they investigate and they may restrict your movements while they do so.

I am sure you solicitor will advise you what to do, maybe a no comment interview or something but when I was interviewed about something that supposedly happen a couple of years ago I was very honest and said I don't remember. It is amazing that the police think you can remember every detail off every consensual sexual encounter you had.

Anyway DON'T BRING YOUR PASSPORT ANYWHERE NEAR THE POLICE STATION AND STORE IT AWAY FROM YOUR ADDRESS YOU WILL BE STAYING AT. Yes it may appear paranoid of me but if the police want you passport make them work for it.

Pond31

[slowdown73]

I find it unusual that the police have dealt with your case in the way they have. I don’t know if the system in Scotland is different to England but when myself and my father was falsely accused a few years back, the police never contacted my father because he was living abroad. However, I later found out he was a suspect but was told the police had to consider formal extradition proceedings in order to be able to interview him. Which country do you live in? It may be that your country is not covered by the uk extradition policy but given you are in the EU I think it’s unlikely.

The basis of extradition proceedings is that the Police usually carry out their investigation first before contacting you and have to apply for extradition (for you to be formally arrested and returned to the UK) to answer the allegations only if there is sufficient evidence to arrest you.

I find it strange that they have threatened that you will be arrested at an airport next time you return to the uk unless you co-operate now. The police usually have to apply via extradition proceedings to formally interview you if you are living in another country.

In a nutshell, the fact they don’t appear to have applied for extradition suggests there isn’t enough evidence to arrest you and the officer just wants to box off the investigation by getting you to come in.