Here goes

[Brown pants time]

Would be interested on anyone’s thoughts on this.

So I was acussed of sexually assault on my ex partners teenager daughter. It’s a long story but it’s total made up ********. Her mum ( my ex ) has also chipped in and made claims of physical abuse etc.

We have a son together, which i have been going through family court to gain access to as she cut him off from me.

Family court requested all the police evidence as they want to review what’s happening before they make a decision how to proceed.

I am now in possession of all the evidence against me before any charge has been made which I guess is not a normal position to be in. My case has is about to be sent off to cps.

The evidence is zero basically , her word against mine. Police have checked my phone, computer , laptop due to my ex making other allegations, all came back clean. There’s no witnesses, pic, audio anything.

My acussers false claims were very wishy washy with no detail at all, no time lines, no dates. Just her made up story nothing else to back anything up. The police in interview had to entice every last word out of her. She did offer anything without been promoted.

I have no criminal record not even points on my licence.

Her monther has a record of a making allegations and has all three of her last partners arrested or in court, including her ex husband who was a duty solicitor.

Question any idea what cps will do?

And what should I do, it’s been 7 months now.

Thanks

[Casehardened]

Hello & welcome to the forum,

Usually the first advice from members for anyone in your position is to line up a solicitor experienced in defending false sexual accusations but I note you've already asked for advice on this so hopefully this is all sorted 'just in case'.

It is always useful, when formulating a defence, to try to work out what the motive for making the false accusation was but in your case there are two accusers (it would be interesting to know if the investigation is treating them separately or jointly?)

So I was acussed of sexually assault on my ex partners teenager daughter. It’s a long story but it’s total made up ********. Her mum ( my ex ) has also chipped in and made claims of physical abuse etc.

We have a son together, which i have been going through family court to gain access to as she cut him off from me.

Family court requested all the police evidence as they want to review what’s happening before they make a decision how to proceed.

Did you initiate proceedings in family court before the accusations were made; your post suggests the ex's daughter made the first accusation then your ex added hers.

The reason for asking this is that it's been a fairly common scenario on this forum for family court proceedings to be halted by some sort of accusation against (usually) the father who is seeking access, quite a successful delaying tactic as you have found out.

If the previous allegations made by your ex are a matter of record. i.e. all were investigated by the police and the accused were either NFA'd or found NG, I suspect her allegations will not be proceeded with, especially as you mentioned that there is no evidence.

However I presume that this is her daughter's 'first' allegation and so this will be considered more seriously especially if she was a minor at the time the police were involved.

Obviously the suspicion will be that she has been coached by mother, but how to prove this, hence wondering about motives?

[Brown pants time]

So my relationship ended with my partner after I discovered she was seeing other guys behind my back. It lead to much friction and arguments as you could imagine.

I was due to take my son away on holiday but she refused to give me his passport , I threatened to take it legal and a few days after this the allegations were made.

She then had a non molestation order taken out on me and stopped all contact between me and my son.

I started family proceedings to gain access to my son which now have but under supervised conditions.

In her no molestation order she said I had physically abused her but in her police statement she watered it down, the police said there only looking at the sexual assault allegations nothing else.

It’s a nightmare!

[Peter1975]

A while ago a PAFAA member was waiting in a family court and overhead a conversation between a woman and her solicitor;

W: " I should say that he assaulted me "

S: " That would help "


Since the 2012 Legal aid, sentencing and punishment of offenders act (LASPO ) there is no family court legal aid for people such as your ex wife unless there are allegations of domestic violence or sexual abuse - quite how our politicians failed to foresee how this could be abused by warring couples making false claims is beyond me - Fathers4justice estimate that such allegations are present in around 30% of cases which wouldn't surprise me sadly. The cost to the public purse of investigating these claims probably outweighs the cash that was meant to be saved too!

I would say that the timing of the allegations is very telling and hopefully this will lead to the police and family court reaching the correct conclusions.

I have no personal experience of them but fathers4justice and families need fathers have been recommended by others in the past.

Googling "parental alienation" will also bring up some helpful background information - family courts are beginning to recognise this at long last.

As always, case specific legal advice is recommended. You need to be honest with them and yourself, the better to be prepared for what may be thrown back at you - if you have contributed to an unpleasant home life for the daughter then it is a motive for her to make a claim to aid her mother and get you out of their lives - no specific coaching would be required, she could have done this off her own bat.

Write everything down in a timeline and keep adding to it - keep it as simple as possible for third parties to pick up the facts quickly.

Hang in there.

[Brown pants time]

When i attended the police interview i had a the duty police solicitor.

Should i now be engaging with a specialist solicitor in this area? Or should i wait for the cps decision ?

Is there anything a solictior can actually do at this stage?

Also is it normal that these matters are handed over to the cps?

thanks

[Franticwithworry]

Hi there. I'm so sorry that you find yourself in this kind of mess. As you say, it's a nightmare.

Peter1975's advice is always to be relied on but in answer to your most recent questions, my suggestion is that you shop around a bit and choose a solicitor who you will instruct if the worst comes to the worst. You will need a specialist unless you get an NFA, (fingers crossed for you on that one), and you will need someone you have confidence in if you are charged. Immediately post charge is not, in my opinion, the best time to make that kind of decision. It is shock in and of itself to be charged, no matter how long you have waited or how much you are expecting it. Do the donkey work of finding someone now, when you are relatively calm but still in a 'what do I do now?' mindset.

That said, there isn't a lot, if anything that a solicitor can do for you right now, but if you choose one soon and discuss your case with them, they will guide you as to what, if anything can be done. Be prepared to be told that it's a waiting game though, but you will at least have one important decision crossed off your list. It's a decision you can always change later if you want to - prior to being granted legal aid, anyway - but it means that you know whom to call if something serious crops up that you need legal help with.

Many of these decisions go to CPS. As I understand it, CPS are required to make the decision to charge in most cases so the answer to that question really depends on the seriousness of the allegations. The police can decide to take the matter no further by themselves, but CPS make the decision to charge so far as I know.

I'm sure someone will come in and correct me if I'm wrong on that. Wishing you all the best.

[Brown pants time]

Thanks I appreciate all your replies.

The next few months are sure going to be a stressful time.

[Brown pants time]

Forgot to add the allegations are of touching.

[Peter1975]

You may already have a specialist solicitor but if you are not confident with the one you have, now is the time to start looking for one.

As Frantic says, it's worth speaking to a couple and getting their opinions on making representations to the cps - preferably some of the recommended ones here, start with those recommended by Right's Fighter.

http://www.daftmoo.org.uk/mooforum/s...ist-solicitors

There is no legal aid for pre charge advice but most will be willing to give you 10 minutes or so for nothing, the duty solicitor may be prepared to follow things up for you but remember they won't be paid any extra. Have you spoken to the duty solicitor since your interview?

[Brown pants time]

I have spoke to the duty solicitor once since July. He said basically it’s a waiting game.

I know more of what’s happening than he does due to all the documents I have obtained through family court.

I really hope legal aid is available as I have nearly busted myself through family court proceedings ,not that it’s really got me anywhere. The whole system feels like it’s against you at every step.

[Peter1975]

You will get legal aid if you are charged unless you earn quite a lot of money but sadly, there is no LA for advice pre charge unless you earn less than £99 per week.

The duty solicitor may be right and the advice here has always been that it is a waiting game but PAFAA's legal advisor will always argue that making representations via a solicitor can be beneficial, depending on the facts of the case. ( the trouble being, you wouldn't really know if the case would have been NFA'd anyway )

If it's any reassurance, in my experience, cases that are already in family court rarely end up with criminal charges on top but unfortunately I can't guarantee this.

It won't hurt for you to get a second or third opinion

[Brown pants time]

just been told no descion by cps will be made until end of April...

nearly 10 months after the accusations were made.

[Peter1975]

Sorry to hear this BPM,

Hopefully you will hear some good news soon.

Hold on in there.

[Brown pants time]

I got NFA letter in Nov.

Thanks for all the hlep and advice

[Casehardened]

What a long while to have to wait for what should have been an obvious decision but I suppose the police & CPS had to cross all the 't's & dot all the 'i's.

Pleased to be able to dish out the customary bananas...