Nfa but need advice on getting records removed etc

[ticktock17]

2 years ago I was falsely accused of rape after a night out after about a year I received my nfa.

The thing I am interested in is how I can get this totally removed ie if I have grounds to and, if not, how long will it remain in the system so to speak.

The back story.

When the allegation was made I was in the middle of a family law case, this proved to be a pain in the backside but also gave me more insight that I guess most do. The court ordered the police to provide the FA staitment and any evidence they had at the time of the hearing. Her staitment said I had had sex with her ejaculated in her and she had felt it running down her leg as she left my home. The police had taken Swabs etc and found no evidence of this, she had gone directly to the rape suite from my home. The full story is in my other post. It also turned out that when I had just taken my child from its mother for its protection she had just had her children taken off her by social services. I had told her about my child coming to me on the night out when we met she never mentioned that she had had hers removed. Makes me feel that was the reason for the FA as she was out to screw someone in her anger and up tottles me in a club, the perfect mark, everything she hated.

So do you think I may have a case to have the records removed a. No evidence of the alleged crime at all. B. Good reason to make a FA against me in perticular due to our situations

Any advise would be apriciate

[ticktock17]

You will get there in the end

I just wanted to follow this to say if your in the mill at the moment I have so much sympathy for you. I knew nothing had happened with this girl but it still nearly destroyed me, the worry of what could be, would the police get things right and just the word rape being used in the context of you, something no one should have to go through unless actually true.

All I can say to people who are keep your chin up and if you get somewhere dark in your mind seek help it is out there in talking therapy and great places like this. Keep busy and find things to ocupy your mind especially in the early days, I started some hobbys, didn't feel like it but made myself and made a huge difference to me and helped a lot.

I hope that anyone in this place gets the right outcomes and I hope if my questions are answered there may be a light for us all at the end of the tunnel.

Keep strong and keep busy

[Peter1975]

2 years ago I was falsely accused of rape after a night out after about a year I received my nfa.

The thing I am interested in is how I can get this totally removed ie if I have grounds to and, if not, how long will it remain in the system so to speak.

The back story.

When the allegation was made I was in the middle of a family law case, this proved to be a pain in the backside but also gave me more insight that I guess most do. The court ordered the police to provide the FA staitment and any evidence they had at the time of the hearing. Her staitment said I had had sex with her ejaculated in her and she had felt it running down her leg as she left my home. The police had taken Swabs etc and found no evidence of this, she had gone directly to the rape suite from my home. The full story is in my other post. It also turned out that when I had just taken my child from its mother for its protection she had just had her children taken off her by social services. I had told her about my child coming to me on the night out when we met she never mentioned that she had had hers removed. Makes me feel that was the reason for the FA as she was out to screw someone in her anger and up tottles me in a club, the perfect mark, everything she hated.

So do you think I may have a case to have the records removed a. No evidence of the alleged crime at all. B. Good reason to make a FA against me in perticular due to our situations

Any advise would be apriciate

Nice to hear from you Ticktock and congratulations on the NFA

Now I'm afraid, here's the bad news;

It is technically possible to have records removed but the criteria is for you to be able to prove your innocence beyond a reasonable doubt - Not easy at all, particularly in a case involving consent.

I think the old adage goes that rape is an easy accusation to make, hard to prove but even harder to disprove and this is the challenge you will face. Unless you have a concrete alibi or dna evidence proves that someone else was responsible then you really need the police to charge her with wasting police time or perverting the course of justice - and they tend to avoid doing that like the plague unless there is a good amount of evidence.

Unfortunately, an NFA is not proof of innocence and falls into the wide category of "insufficient evidence to proceed" - Most famously, child murderer Ian Huntley was NFA'd nine times and found NG once over allegations of under age sex - this wasn't flagged up and he was allowed to work at a school with tragic consequences.

This leaves the genuinely innocent in an unfair place for sure. I can only sympathise and suggest you get some legal advice if you wish to pursue this further but it could be a waste of time and money.

That said, unless you need an enhanced DBS, wish to travel to America after an arrest or God forbid, have another accusation made against you, your record will hopefully not give you too much trouble.