Advice and support needed - OH falsely accused from over 10 years ago

[Broccoligirl]

Hello,

Very sad but also grateful to have found this forum.

Unfortunately my OH has been FA out of the blue. Police left a contact card for him last week and when he rang they told him he had a rape allegation made against him. We had no idea of the details.

He went for an interview, turns out it’s from over 10 years ago from a local night out. He was out with some of his friends and she was with hers. She claims she was ‘spiked’ and he raped her on the night out. She does not remember the date, day or even month but remembers other details clearly. She saw him recently looking ‘smug’ which caused her to report it now.

My OH does not recall this night out and vaguely recognises the woman, and has definitely not raped her. We was abit unprepared for the interview so he no commented it.

I could go into more detail but I doubt it’s necessary. I have many questions to ask,
What happens now? When will we hear anything? What can we do in the mean time? Will they attempt to interview others from this night out?

I’ve read many posts on here and you are all so strong, I feel like I’m going crazy and it’s not even been that long.

Any advice or support would be appreciated.

[Peter1975]

Hello and welcome to DM Broccoligirl, although I am sorry you find yourself here.

It's rather late and I should be going to sleep so I will come back tomorrow and hopefully try to answer some of your questions if others haven't already.

If you haven't read CH's "what happens now" post then I would suggest you start there:

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

You can take some heart from the fact that the vast majority of cases do not end up in a charge and neither are you alone.

I should first check ( and often forget) which country you are in?

Did your OH have a solicitor when he was interviewed?

[Casehardened]

My OH does not recall this night out and vaguely recognises the woman, and has definitely not raped her. We was abit unprepared for the interview so he no commented it.

Can I add to Peter's sad welcome,

It's probably best not to put too much identifying detail on here as this forum is open to anyone to read (although it is necessary to register to post)

Was the 'no comment' interview on the advice of a solicitor, though I agree if he can't remember anything at all then there is not much that he could have said.

Obviously an important element in the investigation of the allegation is whether or not consensual intercourse took place as quite often the motive for the allegation is 'post-coital regret', parents or boyfriend finding out or the accuser's hopes that the encounter would lead to a longer term relationship, though in your OH's instance it is puzzling why there has been such a long gap?

[Broccoligirl]

I should first check ( and often forget) which country you are in?

Did your OH have a solicitor when he was interviewed?

In the UK, yes he did but it was the duty solicitor who was okay but I don’t think she was very interested. She took plenty of notes though, apparently they can be used later on if needed?

[Broccoligirl]

Was the 'no comment' interview on the advice of a solicitor, though I agree if he can't remember anything at all then there is not much that he could have said.

Obviously an important element in the investigation of the allegation is whether or not consensual intercourse took place as quite often the motive for the allegation is 'post-coital regret', parents or boyfriend finding out or the accuser's hopes that the encounter would lead to a longer term relationship, though in your OH's instance it is puzzling why there has been such a long gap?

It was the duty solicitor, who advised him to tell his version of events but he doesn’t have a version of events. She took plenty of notes with him prior to the interview, she said these could be used at later stages?

I know it’s bizarre, Can you claim compensation for rape?
I did some social media investigating (yes you can tell me off) and I have a couple theories of why she could be doing this.

Because he wasn’t arrested he’s not on bail, so now do we just wait? Many thanks for the replies

[Franticwithworry]

It was the duty solicitor, who advised him to tell his version of events but he doesn’t have a version of events. She took plenty of notes with him prior to the interview, she said these could be used at later stages?

I know it’s bizarre, Can you claim compensation for rape?
I did some social media investigating (yes you can tell me off) and I have a couple theories of why she could be doing this.

Because he wasn’t arrested he’s not on bail, so now do we just wait? Many thanks for the replies

Hi there. I'm sorry you've found yourself here, but as I often say, please try not to panic. You have many, many questions, but unfortunately, this is something of a waiting game, so there is time to let yourselves settle from the shock of this accusation and get them answered as far as possible.

I'm not going to tell you off for social media investigating - it's often a wise thing to do - but for goodness sake, just look and take screenshots if you need proof of what's there, and don't under any circumstances be drawn into commenting or anything. Yes, compensation is available for this kind of crime and it seems to be a motivator for an alarming number of accusations. Share your theories with each other and a solicitor but no-one else.

Use this time for making sure you have a solicitor you are happy with and trust if things go any further. It can take months for that to happen so your reserves of patience may well be tested. You can ask the solicitor who took the notes to give you a copy of them if you want to go through them and you don't have to stay with her if she's not a specialist in this kind of accusation or if your not happy with her for any other reason. If you are happy with her, all well and good though it sound's as if you weren't really impressed. It wouldn't hurt to talk to another or two to get their take on how things might go in your area. the different police forces work differently, and a solicitor with experience in this field might be able to tell you more. That said the duty solicitor might have seemed to be lacking in interest because she knows that nothing more is likely to happen for some time.

Rest assured, most of these kinds of complaints go no-where, and though that doesn't mean that you should be complacent, it might give you a little peace of mind and the clarity to 'get things together' should you need to. As I said, it will likely be a long wait, but we are here and can offer support while you do so.

[Peter1975]

In the UK, yes he did but it was the duty solicitor who was okay but I don’t think she was very interested. She took plenty of notes though, apparently they can be used later on if needed?

The UK has several distinct legal systems. The law in England & Wales differs from Northern Island in many different ways and shares some aspects and case law for instance . The law in Scotland is completely different however.

I don't want to worry you any more than you already will be but this is important.

I appreciate that your OH had very little memory of events but it would seem he has gone against the advice of the solicitor and answered no comment.... to every question?

The law was changed some time ago in England & Wales and the prosecution can draw an "adverse inference" from a N/C interview - specifically, that he didn't have a defence and went away to think one up later. This is in the caution, “You do not have to say anything. But, it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence."

There is no adverse inference in Scotland where N/C interviews are more commonly advised by the legals.

Note however that it only may harm your defence - any potential jury could also accept what to me reads like a plausible explanation.

We cannot predict what will happen here nor the amount of time an investigation could take. I'm afraid this could be a long wait so I will urge you to read again Frantic's wise advice above and take it on board.

Again, the vast majority of these cases do not progress any further than a painfully slow investigation - There is plenty of hope and the odds are in your favour.

The police may try and interview other witnesses from the night in question, especially any "first complaint" witness - ie someone she told at the time.

They are unlikely to interview anyone that supports your OH because he didn't say anything or put any names forward but most obviously if there are witnesses that can say they were with him all night, the police should be made aware of this via your solicitor.

Never speak to the police or give them any evidence without first taking a solicitor's advice.

We certainly won't tell you off for doing your own investigations on the internet, take screenshots of anything you think may be helpful - even if it only helps in the court of public opinion. Anything about coming into money for example could possibly help if you think criminal injuries compensation may be her motive. More than a few accusers have tripped themselves up with their own big mouths on open social media pages. Get the date and time of the screenshots in the frame if possible.

As Frantic says, DO NOT under any circumstances comment or engage in any conversation with the accuser.

Beyond that, your OH should keep a notebook with him and write down any details he may later remember. Details can be important.

If we can recommend a solicitor in your area to talk to for more specific advice then please ask. Our superstar Rights Fighter isn't around here too much these days but her recommendations are all excellent and based on years of knowing them and dozens of cases. - I can always ask her on your behalf.

Finally, this is a time to stick together, be extra kind to one another. Make some time to enjoy yourselves and escape what may feel like a dark cloud hanging over you.

Keep posting for support

[Broccoligirl]

Nfa

Just received a phone call from the police officer
No evidence, no further action!!!

Best Christmas present!! Very pleased,

Thank you for all your support

[Father!]

CONGRATS! Have a great festive period.

[Franticwithworry]

I'm delighted to be able to hand out some celebratory bananas. I'm so glad you got a relatively quick result too. Hope you have a wonderful Christmas.

[Casehardened]

What great news!.......

[Pond31]

You can never have too many banana's.