Feeling Down

[sgl101]

Hi

This is my First post, i have visited here before, but just to read.

I was falsley accused of raping my exwife back in february, after 8 weeks being on bail and the worst interviews and time of my life, i was rebailed for another 8 weeks, however my clothes and mobile phone were returned to me. i waited for another 8 weeks and turned up to answer bail.

Only to find that the cps were too busy and i was to be rebailed yet again unit the 1st july (Yesterday)

I attended the police station and was charged !

I was so shocked as I had convinced myself that after living this hell for months it was all going to be ok.

I now have to attend magistrates court on the 10th and a trial after that !

What can i do ???

Steve

[Saffron]

Hi Steve

Thank you for posting, I know it can be difficult the first time. You have taken the first step into a supportive and sympathetic environment.

Have you got a good solicitor? you really do need one that specialises in sex crimes, do not rely on the Duty Sol. It can be very difficult to change solicitors late on in the process, so I recommend you look into it now if it is not too late. This is a SAR (Serious Arrestable Offence) so you need to do everyting in your power to defend yourself.

Do you know the details of the alleged rape? do you know the date/time/circumstances? If you do, then I would recommend that you write down everything you remember about the time she is alleging the rape took place. Include every timy detail you can think of - what you were wearing, what she was wearing, whether/how much you had both had to drink, how sex was instigated (if it took place, of course) and the conversations before and afterwards.

It is a very common mistake for a falsely accused person to think that the accusations are ridiculous, and that nothing will come of them, but increasingly the CPS are likely to prefer charges. they are under a huge amount of pressure to increase convictions, and therefore are likely to "give it a whirl". Rape is the only crime that does not require corroboration of any kind - the accuser's statement is enough.

I would also recommend that you save any text messages/emails/correspondence of any kind that you ex may have sent you. A lot depends on the nature of the allegation. For example, if you had consensual sex with her, you need to prove that you took reasonable steps to gain her consent. If you did not have sex with her at the time in question, you need to find an alibi. Do not give any of this information to the police - they are liable to "lose" it, or claim that they never received it. Give it to your solicitor, along with the names of people who may be able to provide witness statements - people who were with you at the time, or immediately afterwards, or people who were with your wife, and can testify as to her state of mind (if she was carrying on as normal, whether she seemed happy, etc). You might also want to have a look at www.pafaa.org.uk, which is another online support forum.

I would like to say that in the eyes of the law you are innocent until proven guilty, but as far as rape is concerned, this is not the case. It falls to you to prove your innocence. Ask your solicitor about everything, and do not take their word as gospel, unless you have a specialist sol. One of the gravest mistakes we made was trusting our sol, and not pushing her on various issues.

Finally, I would recommend getting as much personal support as possible. try telling a handful of people what has happened, people that you know and trust. Having support is vital to your mental health. You may want to visit your GP - you will find them sympathetic, and they are duty-bound not to disclose anything you tell them.

Good luck. No doubt Lemming, Rights Fighter and RFLH will be along shortly to offer their advice. Thinking of you.

Saffron

[Rights Fighter]

Good answer Saffron. All I can add really is that the police not only "lose" evidence or claim they never received it, they will go to the complainant with alibi evidence and hey presto the "victim" will write an additional statement changing the date(s) claiming that she was traumatised at interview and "got it wrong" or "was mistaken".

Can you PM me your location so I can see if I know of a decent solicitor for you?

Cheers!

[RFLH]

Hi sigl101,

sorry to see you here - sadly you're not the first this has happened to and you surely won't be the last.

I can't really add much to what Saffron and Rights Fighter have said - except - join PAFAA and talk freely to others in the same situation.

Head up - shoulders back and look people straight in their eyes.

[quinnb]

Good answer Saffron. All I can add really is that the police not only "lose" evidence or claim they never received it, they will go to the complainant with alibi evidence and hey presto the "victim" will write an additional statement changing the date(s) claiming that she was traumatised at interview and "got it wrong" or "was mistaken".

Can you PM me your location so I can see if I know of a decent solicitor for you?

Cheers!

All this rather worries me - and God knows what it must do for others!
I know I think the police are useless - but that is just because the amount of time they are taking on my little pantomime! -In all my experience with them up2date I have had no indication that they will lose evidence or negate alibis! - Surely they are just interested in FACT! - What skin is off thier news to go out and almost dis-honestly get a conviction? Besides from what I see nearly a quarter of allegations are dropped at the police stage as in No Further Action - going on your theory the prisons would be even more over filling with more innocent than guilty people!
I will say one thing for the police they have aknowleged if begrudgingly I have told the truth all along and they constantly are saying to the "victim" that this never happened - Whereas under your assumptions they would have got her to re-write her statement leaving out a few more of her obvious lies. Which would leave me in a degree of trouble but they have not done that. I think to a degree here you are just scare mongering!
Sorry just the way I see it,

[Rights Fighter]

Not scaremongering in the least. These things have actually occurred in my members cases. What would be the point of me making up this sort of allegation if it were not true? I've been helping people claiming to be falsely accused of sexual abuse since 2001. In many of those cases the behaviour of the police has been less than exemplary. In most it has been down right unprofessional.

I learn from my members' experience. Some of them were like you, thought the police would be honest and it's often only after conviction is it discovered that police have actively hidden evidence. That or done exactly as i have said, gone back to the "victim" with the alibi information and the "victim" then changes their story.

I'm pleased to see that in your case this is not happening. That makes a refreshing change in my experience.

[quinnb]

Thats even more scarey! - I am seeing my Local MP next week after sending off the mother of all complaints towards the police for dragging this on!
They know she has lied on just about every aspect of her statement! and they have corrobrated evidence to back that up. Just now its been referred to the CPS and I am on bail until August. So I had enough told my MP the police were bloody useless and should do some f**king work instead of dragging thier heels when any reasonable person should know she is a compulsive liar and what the fu*k are they now doing with this pantomime!
Now you are pretty much telling me they are not useless they are in fact some of the better ones! - Instead of fabricatring evidence they are just bone idle and lazy! - Great lucky me (That was not meant to be sarcastic)
Just changing the subject my MP seems keen to take this on - but unsure on what he can do if anything and how I approach him?

[Rights Fighter]

Claire Curtis-Thomas MP (in the Liverpool area) is a champion of the falsely accused campaigns. She's not likely to get involve din your case personally unless she is your MP but your own MP can consult with her.

Neither bad behaviour (hiding evidence or helping the "victim" to get the conviction) nor lack of progress by the police is acceptable.

They are probably hanging back in case something more substantial comes along to help them achieve their "detections" quota, especially on a sex case.

I went in to HMP Albany not long a go to interview somebody who had been accused by the daughter of an ex partner. This was a historical allegation (no medical evidence necessary). The police in his case went throughout his entire extended family on a fishing expedition (it's called trawling) to find more "victims". Another girl made allegations about abuse in a red mini. When it was proven he never had a red mini and couldn't fit into one he's a big lad) then it was dropped. So yes, the police (or some police forces) will do all they can to up their "sex offence" targets by any means, fair or foul.

[RFLH]

ahh quinnb - you'll learn!! The PAFAA site is full of people just like you - I didn't think it could happen, until it did.

[quinnb]

There is nothing for me to learn! - well just stay away from nutty birds who turn out be compuslive liars!!
The police know she has lied they have direct evidence to prove that.
IF they charge me and even the OIC reckons there is a very SLIM chance of that happening then I would be amazed!
I am seeing my MP next week for 2 reasons
One to ask why the hell am I still on bail - when it is blatant that evil thing who did this lied? And whats more the police know it? - bone idle and lazyness! - afterall its not rape and they seem to be can't be bothered anymore. That may be harsh but it seems that way to me!
Two to see if he can put any political muscle into getting her arrrested.
Considering about a group of 20 want to show up to court to see her busted -i would not want to disapoint them.

The other way of looking of all this of course is just to spend my days thinking I am going to get charged and be worried! - I got VERY down a few weeks ago - well that won't happen again. The only way to think is positive.
Besides I do have very little to worry about - this is just some silly scrape I have got myself into. - Played with fire got my fingers singed! - but I WILL have the last laugh!

[RFLH]

A laugh always helps!

I didn't suggest that you sit and worry about - not healthy. Just make sure that you've got your back covered.

[Not Guilty]

Not Guilty

Firstly, greetings from Australia. My wife found this site and told me I must get my story out there. I too have been falsely accused. I was found guilty and sentenced to four years gaol for a crime I did not commit. Now I know it is easy for anyone to say their innocent and I have found that, since this has happened, I am forever justifying my position, and trying to persuade people of my innocence. In the end you really do start doubting yourself.
But sadly I know my position will be extremely rare as opposed to all others on this site.
At the time of the allegation, I was a serving police officer with fifteen years seniority. At the time I was an Academy Instructor, the woman who made the allegation a student. Her allegation was, whilst we were out socializing, I dragged her out of a packed nightclub in front of 300 police and police students and dragged her one hundred and fifty metres to an area behind a row of houses where she was allegedly assaulted for a period of ten minutes. At the conclusion of this alleged assault, she stated she did not want to walk directly back as she feared that she would be seen and the students would 'think the worst' the worst according to her at trial was that the students would think she had a sexual liaison with an instructor. She did not know how to get back to the club, so I escorted her back to the club via a different route so she would not be seen. However she was caught by her fellow classmates re-entering the club via a different route. Instead of crying rape, she said nothing, but went to a club where she continued drinking and dancing - at one point she was seen by Crown witnesses as dancing on a stage with a group of six men, rubbing each other's bodies and dancing in a sandwich. One witness described her dancing style as "sluttish". She then told a male class mate of the alleged assault. When he told her to report the matter, she replied she wished to stay and enjoy the rest of the evening and did so for a further two hours.
I was at work, in full uniform when I was arrested. I was interviewed in full uniform and charged with sexual assault. I was suspended from duty and bailed to appear in court at a later date. The nightmare had only started. When I received the police brief, I could not believe the evidence of complaint. As a police officer, you look for consistency in evidence, but the complainant's story was full of inconsistencies. I began to relax as I thought if I told the truth, I would be fine - especially when she had given so many differing stories about one event. My wife and I were expecting our first child so this destroyed that beautiful time we were supposed to have together - and yet I had no idea of the hell that was about to be unleashed.
At trial, the evidence went as I thought it would. She came in and said she did not consent, the Crown introduced a procession of witnesses that all said what I said so I was confident - until the jury came back with a question when they were deliberating. If an act starts with consent and consent is withdrawn, is that non-consent of the entire act? In other words they found that she had in fact consented, but had withdrawn consent. The problem being that was not the evidence that the Crown nor the complainant put forward, not even close. I was then found guilty of two counts of sexual assault and remanded in custody. Upon remand I had a heart attack because of the stress. I was transferred to one of the most secure and dangerous facilities in Australia and later was sentenced to four years gaol with a non parole period of 18-months.
Now within the Australian system, once your are classified as a sex offender, you must undertake therapeutic programs to be elligible for your earliest release date. In these programs, to be accepted, you must take responsibility for your actions i.e tell them you are guilty. So if I did a program and told them I was guilty, I was assured early release. If not, I could look forward to four years in gaol. Now I would have said I was the second gunman on the grassy knoll to get out. Imagine, a police officer mixed in with the lowest of the low in the penal system. I was considered worse than most of the lowest there and treated accordingly. But I could not say I was guilty of something I did not do and made the most difficult phonecall to my wife - that I would be remaining in gaol for four years. My wife understood my position and agreed with me.
Now providence may shine and to this day I will say it was. When lined up for roll call, a Corrective's officer collapsed directly in front of us. Fifteen years of police training kicked in and I did not think about the consequences of an "ïnmate" touching a Correctives Officer but later I was told my quick thinking saved his life. As a result I was deemed fit to re-enter society and was granted my earliest release - without having to do a program or having to say I was guilty.
When I got home, my world was upside down. My career had gone, I was suffering extreme depression. I had to learn to adapt to this new life. I didn't. I fell apart. We were living with my mother-in-law but I was asked to leave as I was having bizarre verbal outbursts, dramatic mood swings and simply failing to adjust. I lived with my brother for a few months and tried to get my head together. That is when I decided to make an application to the Supreme Court for a review of my conviction. My wife and I got back together and I focused on obtaining evidence to show I was innocent. I obtained a Criminal Profiler's report that showed that the matter was a false allegation and he was extremely detailed and thorough in his investigations. I obtained medical evidence from two sources, one being the head Forensic Physician for the Victorian Police Service - both scathing in their analysis of the evidence relied upon to secure the convictions. This application was over 1000 pages and took four years to put together. But the biggest trump card was the complainants best friend who provided evidence that the alleged victim continued relationships with, not only her male partner but a female student all within four days of making this complaint. I was buoyed when the Crown conceded most of the evidence that I had submitted and was looking forward to being exonerated. How stupid of me to think that. If I can be convicted on evidence of consent and non-consent why would the Court listen now. The Supreme Court rejected my appeal. I was shattered and retreated back into a very hollow shell. But all through this, my wife stood beside me. She was there at trial for what must have been an extrutiating time, then waited for me to come home. I would not have survived this if it wasn't for her and her love and support. But even now, after seven years, I am still having nightmares, still having anxiety attacks and mood swings. I still hold a morbid fear that this can all happen again. I never once thought this could happen - you simply cannot believe someone can be so calculating as to lie and continue that lie through the Court system. In this case, it was a woman studying to be a police officer and knowing she has lied, applied and was granted $25,000 in "Victims" compensation. Now she had to apply knowing that she is not a victim of anything, that she lied and she did so easily. She destroyed my life and career and was paid $25000 for the priviledge. This woman is now a serving police officer and has gotten on with her life. I am left with a stain on my name - one that will be with me for all eternity. This haunts me everyday whilst this woman can live her life without any possbile recriminations - she has gotten away with it. I have no faith now in the judicial system. My wife, who is a serving police officer, was harassed by her superiors when I was locked away - virtually telling her to choose her career over me. Thankfully she stayed with me and is still a police officer. The woman who made these allegations chose to lie to protect her own interests. She chose to destroy my life so hers would not be affected. She succeeded.

[quinnb]

My wife and I were expecting our first child so this destroyed that beautiful time we were supposed to have together - and yet I had no idea of the hell that was about to be unleashed.

Yet from what I gather you still had SEX with this woman!
I am not saying whatsoever you brought this on your self! - and it horrifies me that woman will tell a lie then see it all the way through to a man losing his freedom. It obviosuly happens the world over. Did you know this woman before it happened? What do you think her motive was?

[Rights Fighter]

Hi Not guilty.

It's the same story here - if you do not "admit guilt and address your offending behaviour" then you stand very little chance of parole and when you do get out you have so much hassle from probation that some wish they were back in prison until the end of their licence.

I know one guy stuck in a hostel in the west country (here in the UK) after spending over 9 years for crimes that never took place. Other guys who have admitted guilt and done the courses (no evidence to prove that these courses work as those who take them often re-offend) get to find work quickly with little hassle from probation, AND they get to have help in finding their own place to live.

My client has been out for just under a year and he expects to remain in the hostel or be shunted off to another one for another 12 months or so, all because he will not admit guilt. Here they call it "being in denial" when in fact they are not "in denial" but denying guilt. there's a huge difference.

There is no pressure on you to answer QuinnB's questions. We are not here to judge you.

[Not Guilty]

Not Guilty

I don't mind answering as if I do, it may help some poor mug from making the same mistake. As I wrote earlier, if I had to explain everything, my post would just go on and on so for simplicity's sake I condensed, however it may have caused more confusion. My wife and I were having a terrible time with me being away from home, she was expecting our first child, pressure from work and living with her mum - for some reason she asked me to leave the home. We were fighting and she suffered mood swings (later we found out it was a hormonal imbalance because of the pregnancy). So we were actually separated when this occured. I went out a few days later with fellow instructors to a club and met up with other police and students. The complainant put across at trial that I was chasing her all night, the witnesses stated I did not approach her once. I walked outside to go home, she followed. Her evidence was that she was dragged out of the club, witnesses saw me leave of my own accord, and her as well. This is where the problem started. If you are a student and you have any type of relationship with an instructor, you are kicked out of the Academy. This student was a student of mine. She had failed several subjects and was repeating the course. Now bear in mind this woman was studying to be a police officer so you would think there would be a level of integrity, I would later realise that I was wrong. Now I was with this woman for a minute or two- no more. I was able to demonstrate this by a video tape walk I completed for the supreme court and based on evidence presented at trial. The area near the club has a short cut to the main road that would get me back to my mates place where I was staying. In her statement, her evidence was I dragged her one hundred metres or more. At Court she stated in her evidence that "we walked" that often that the Prosecutor had to remind her that it was her evidence that she was being dragged. Hence also the finding of consent. She stated that I man-handlled her, dragged pushed, pulled and yet she had not external injuries and her clothes remained completely intact (police evidence). This finding did not also fit into her description of a violent assault.
But this is where it gets more frightening. I told her to go back to the nightclub and walked off - she followed. That is where the evidence of her not wanting to go back to the nightclub the way she came as she would be detected and people would think she had been with an instructor - hence motive. It wasn't until I interviewed her best friend (a male) after my release from gaol that he informed me that she was actually in a relationship with another instructor at the time - so motive becomes quite apparent. In any investigation, they would interview students, police etc - all knowing she was in a relationship that would see her loose her position in the police service. So what to say - say a consensual matter was non-consensual. It is sad, but I know if this woman was not caught by other students walking into the nightclub from another direction, I would not be typing this. It was all about self preservation. She saved her own skin and destroyed my life.
But no matter if I was not with my wife at the time makes no difference - I was with a woman a short time after we separated and I live with that shame every day. But sadly I was charged with sexual offences that did not occur nor did I committ. I was accused of things by this woman to make this attack sound more violent that simply did not occur. She stated this assault injured her and she could not walk and when she was fronted with the evidence that she was dancing at a nightclub later, she stated she was in that much pain, she could only stand still and sway (witnesses saw her dirty dancing with six men on a stage and gave that evidence at trial.)
What is also important and goes to motive is that she reported the matter to her police instructor partner to alleviate any rumours or stories that she was with me. But this also backfired when he reported the matter to his superior and an official investigation was started.
Now I was arrested three months after the alleged assault as police were gathering evidence. The stupid thing being I was still working as a police officer and they allowed this. I was arrested and work in front of colleagues and charged. This was meant to destroy me as the police knew where I lived and could have come to my house - but to arrest and charge me at work in full uniform was a messsage - and was designed to crush me - it did.
So quinb - you are right. I was with a woman physically (but no sexual intercourse) told her I was not going to have sex with her, walked her back to a nightclub as she did not know where she was and did not want to get caught - but did in fact get caught. Now I placed myself in a position where this woman could make an allegation - that is fact and it is one I live with everyday. I know that I compromised myself, but I know I did not assault this woman and live with that as well. But the hardest thing was to tell my wife - that was the hardest of all and it crushed her. But she stuck with me as she believed me. That has been enhanced further when she went to Court and saw and heard first hand. I told the truth and still went to gaol. I came out and found evidence and submitted that evidence to the Court that showed this woman lied - from experts that give evidence for police and all has been swept under the carpet.
So for the guys who go out to nightclubs and have a one night stand, this could easily happen. Motive - self preservation - and of course $25,000 for just lying is also a good motive.
I want to get my story out there to show people no matter who you are, if a woman makes a complaint, no matter how stupid the complaint is, you are guilty first and must prove your innocence. The basic right of a fair trial is denied immediately as the premise does exist - why would a woman lie and go through all of the court process etc if it were lies. In my matter it was simply bizarre - the jury found evidence of consent in evidence that stated she was non-consenting - by her behaviour alone. To me that is reasonable doubt - but the Appeal Court stated that the jury were entitled to find that evidence as they came to the same conclusion - she consented. Consented to what and consented when and when was consent withdrawn? Obviously consent was withdrawn via the guilt verdicts? There were five charges and in order of the allegation this is how the jury found.
1. Not guilty
2. Guilty
3. Guilty
4. Not Guilty
5. Not guilty.
So she consented, did not consent, did not consent, then consented again - that is how the jury ruled and the Appeals Court agreed - stating they were entitled to find that she was consenting as a reading of the evidence also shows that she consented. Where???????? She stated she never consented to anything so where did this view come from?
Here I go again, once I start, it is hard to stop. But when I contacted the Profiler and the Head of Forensics in Victoria, they were dumbfounded that my application had been dismissed. Especially when I had now presented such strong evidence of her lies - but they would not overturn the matter on the issue of consent.
I don't mind answering questions - if I can help some poor bugger who is or has gone through this, I know it will also help me deal with me own demons.
I hope that clears some things up quinb.
I can understand the fear of people going through this. You think if you tell the truth, you will be okay and you will go home. I told the truth and went to gaol and this woman can go about her life as if nothing happened. That to me is incredulous.