To wait or not to wait?

[Father!]

My case is awaiting evidence, forensic. However, I'd like to be proactive and discredit allegations made to the police before the charge, if a charge, my current solicitors would prefer to wait for evidence and then proceed, I spoke to another team and they've suggested they'll highlight flaws at this early stage to drive a NFA. I'd prefer to use both, is this an option? Does it negatively impact my case if I change solicitors?

On a personal level, waiting isn't working and it's seriously impacting my work, I see myself unemployed in the near future due to performance - taking time off for stress isn't an option.

Finally, I'm being told by addressing what I claim didn't happen. I'm admitting guilt, which makes sense and doesn't at the sametime, essentially I'm accounting for every possible scenario. I don't want to make it worse but I also don't want to let an opportunity to be proactive pass.

Peter and Frantic you already know the context.

[Casehardened]

I don't think anyone will deduce anything from a decision to change solicitors; it is something often recommended on the forum, if for example, the solicitor present at the initial interview doesn't specialise in defending false accusations: a useful analogy is of getting a breakdown engineer out to diagnose the problem and trying a quick fix; if this doesn't work then the car is towed to a specialist garage for further work.

As to whether the CPS lawyer will read anything into a pro-active defence prior to charge this is hard to say; however it could be argued that the knowledge that a strong rebuttal to the accusation will be made could influence the (theoretical!) decision that there should be a more than 51% likelihood of winning the case before a charge is brought.

What is certain though, is that pre-charge advice and action will not be covered by legal aid and therefore comes at a cost!

[Peter1975]

the waiting isn't working

It would seem you are leaning toward getting a proactive solicitor to make representations to the police and or CPS.

CH offers a wise perspective as ever and I will only add that you should perhaps seek the opinion of another respected solicitor if you only have two differing opinions on the best course of action.


Go to your doctor if you are finding it difficult to cope with the negative thoughts. You need to keep things in perspective, you have done nothing wrong and there is no reason to lose your job on top of everything else.

Hang in there.

[Father!]

Thanks CH and Peter.

In fairness most solicitors I have spoken to said I should wait, the last solicitor that said I should be proactive wanted to charge £10K, for a pre-charge package. I said what happens if I'm charged. He said "we'll cross that bridge when we get there", terrifying.

It's amazing how an allegation can change everything.

I discovered yesterday that rape victims get paid if accuser is convicted, that's a serious incentive in proceeding with an allegration that falls into "grey" area. This leads me to investigate more. Researching the context of consent, if someone removes consent during a sexaul act (which could be taken as implied consent) and both part ways, doesn't that support the fact that both parties wishes were respected?

It's all this that prevents me from focusing on my 9 - 5.

the waiting isn't working

It would seem you are leaning toward getting a proactive solicitor to make representations to the police and or CPS.

CH offers a wise perspective as ever and I will only add that you should perhaps seek the opinion of another respected solicitor if you only have two differing opinions on the best course of action.


Go to your doctor if you are finding it difficult to cope with the negative thoughts. You need to keep things in perspective, you have done nothing wrong and there is no reason to lose your job on top of everything else.

Hang in there.

[Franticwithworry]

As usual, great advice from Casehardened and Peter1975.

I have to say though, that 10k for pre-charge work sounds a lot like a predatory lawyer to me. Truly, I'd steer clear of them or anyone like them.

Given that you've had the same advice from multiple experts, I'd encourage you to take it, and concentrate getting your mental health back to some sort of equilibrium. The last thing that you need is to lose or walk away from your job at this point. As I suggested before, please consider asking your doctor for some assistance and giving yourself a designated time in the day to research and think about all this. You will drive yourself nuts if you let it take over your life completely.

[Peter1975]

Thanks CH and Peter.

In fairness most solicitors I have spoken to said I should wait, the last solicitor that said I should be proactive wanted to charge £10K, for a pre-charge package. I said what happens if I'm charged. He said "we'll cross that bridge when we get there", terrifying.

It's amazing how an allegation can change everything.

I discovered yesterday that rape victims get paid if accuser is convicted, that's a serious incentive in proceeding with an allegration that falls into "grey" area. This leads me to investigate more. Researching the context of consent, if someone removes consent during a sexaul act (which could be taken as implied consent) and both part ways, doesn't that support the fact that both parties wishes were respected?

It's all this that prevents me from focusing on my 9 - 5.

It would seem that you have a consensus of opinion to wait it out, the dna results perhaps render any representations that can be made at this point moot anyway but you will at least have an idea of a solicitor you can have confidence in if there is a charge.

There doesn't have to be a conviction for rape victims to get paid criminal injuries compensation but there is a requirement for them to co-operate with an investigation and possible court case. This can indeed provide an incentive and is something of a bugbear for the falsely accused. Most cases will be NFA'd by the police or cps as the evidence doesn't offer a realistic prospect of conviction at the highest burden of proof but that doesn't stop compensation being paid at the lower, balance of probabilities, standard of proof.

Consent is a very difficult area of the law, you might find this helpful;

https://www.cps.gov.uk/publications/...consent_v2.pdf

[Father!]

Due to past convictions, it’s highly likely I will be charged within the next couple of weeks or months. Hence a more proactive lawyer to manage pre-charge is almost pointless, even though I managed to find someone that would proceed for £3K instead of £10.

Consent in the law is more ambiguous than the bible in English law. Layered with “why don’t police and CPS use common sense?” question - before proceeding with these allegations.

Thanks for the link Peter, I think I stumbled across that yesterday. I have a number of concerns after reading the content. It says alcohol removes consent as if the accused premeditated the entire thing - which obviously does happen, but again once context is applied the intentions are obvious.

All in all, just a terrible situation to be in.

It still blows me away how many people impacted by this and how this forum has been a great support channel. You all truly deserve an award. Enjoh your weekend.

It would seem that you have a consensus of opinion to wait it out, the dna results perhaps render any representations that can be made at this point moot anyway but you will at least have an idea of a solicitor you can have confidence in if there is a charge.

There doesn't have to be a conviction for rape victims to get paid criminal injuries compensation but there is a requirement for them to co-operate with an investigation and possible court case. This can indeed provide an incentive and is something of a bugbear for the falsely accused. Most cases will be NFA'd by the police or cps as the evidence doesn't offer a realistic prospect of conviction at the highest burden of proof but that doesn't stop compensation being paid at the lower, balance of probabilities, standard of proof.

Consent is a very difficult area of the law, you might find this helpful;

https://www.cps.gov.uk/publications/...consent_v2.pdf

[Peter1975]

Sorry Father, I forgot about your past convictions.

There is an old well worn saying here, prepare for the worst but hope for the best and it seems that you are expecting to be charged which may be the case and perhaps the consensus of the sols you have spoken to.

Remember that a charge doesn't necessarily mean a conviction.

Consent is difficult and is always case specific in it's details but drunken consent is still consent. There is obviously a point where drunkenness passes into incapacity but it is up to the prosecution to prove this and unless the cctv shows her falling all over the place or you topping up her glass when she wasn't looking, I would say that a jury might have a hard time accepting that she was too drunk and you were taking advantage.

[Father!]

Happy New Year, all!

Does it matter if I have a male or female representative during this process?

Sorry Father, I forgot about your past convictions.

There is an old well worn saying here, prepare for the worst but hope for the best and it seems that you are expecting to be charged which may be the case and perhaps the consensus of the sols you have spoken to.

Remember that a charge doesn't necessarily mean a conviction.

Consent is difficult and is always case specific in it's details but drunken consent is still consent. There is obviously a point where drunkenness passes into incapacity but it is up to the prosecution to prove this and unless the cctv shows her falling all over the place or you topping up her glass when she wasn't looking, I would say that a jury might have a hard time accepting that she was too drunk and you were taking advantage.

[Peter1975]

No, not at all.

I would add a caveat though and say that the gentler sex can sometimes be perceived better by a jury - no one likes to see a man arguing with a possibly weeping woman that is playing the victim and perhaps a female barrister might be able to go a bit further without looking like a bully and giving the accuser extra sympathy.

If you are talking about the solicitor rather than barrister then there is no difference whatsoever.

[Father!]

Please, can you advise your client - XXXX XXXX that police will be taking no further action in the case.

This is the second email that's come from OIC re this matter, I almost cried outside Victoria station when I received this news on my way to a job interview, after walking out of my last role due to anxiety attack, even though I have a mortgage to pay. All I kept saying to the solicitors - "I'm not a rapist and could never be a rapist" I have no info on why or what led to this outcome. I'm not sure why I'm writing this, but I do know something is seriously wrong when an allegation can be so distructive.

I haven't been a parent for months! I truly missed being happy and seeing my kids. This has had a huge impact on my mental health and my resume looks like I can't hold a job down. We must do better!

No one really understands what it's like until you're going through it. Now I have the NFA, I can't truly appreciate the out of body experience this situation causes. Those dealing with it you're reminded to stay strong, a superhero wouldn't have the capacity to manage that type of weight - my advice is to take each day at a time.

I thank the contributors on this site for all the information provided. If there is anything I can do to support please let me know.

No, not at all.

I would add a caveat though and say that the gentler sex can sometimes be perceived better by a jury - no one likes to see a man arguing with a possibly weeping woman that is playing the victim and perhaps a female barrister might be able to go a bit further without looking like a bully and giving the accuser extra sympathy.

If you are talking about the solicitor rather than barrister then there is no difference whatsoever.

[Franticwithworry]

Whooppeeee!!!! Great news! Here are the customary bananas -



The only thing that I would say to you now is to continue to be gentle with yourself. It takes longer to recover from a FA than most people think and some even report an emotionally low period after the initial euphoria has subsided. It can take a while for your mental health to get back on an even keel.

As for your question about support, if you feel able, please look in here every so often and let others who are seeking support know that you went through this and survived. Emotional support, if you can offer it, is a very valuable thing.

[Casehardened]

Brilliant news and thanks so much for updating your thread; we're always telling new members that the majority of FA's are NFA'd so this backs up those statistics.

[Pond31]

Congrats I know it is so goof to get that e-mail however you still have to look after you mental health.

[Peter1975]

Fabulous news Father, thanks for coming back and telling us, it's always good to break out the banana's




Not to be a killjoy but please keep any evidence you may have gathered at the back of a drawer as a safety precaution.

I hope that you can quickly recover and move on from this but be good to yourself in the meantime.