Falsely accused yesterday.....need reassurance

[aussieguy]

Keeping quiet about the rape allegation is a form of a lie - if/when the lady concerned finds out about it she could well believe the allegation as you will have "lied" in effect, by not telling her about it.

Hi guys thankyou for all your posts. I have been coping alright just taking it one day at a time.

I told my girlfriend about the whole incident and she is sticking by mr through it all.

I spoke to the detective today and she is still continuing the investigation so looks like its going to be a lot longer than I thought.

I'm just so worried about it all as I know I would never be found guilty but I'm still scared of being charged and having more people find out.

I just want this to be over so that I can move on with life.

[Rights Fighter]

You have not been reading these columns properly - there are hundreds of innocent men and women sitting in prison completely innocent of sexual offences that never happened.

You need to attack this head on and assume you will be found guilty - get your boxing gloves on now and start preparing your defence.

[Unregistered]

something similar happened to me but to a much smaller extent, no police involved for example. I'm confident the lying cow will get what she deserves in the end.
but i'm curious, in what instances will the police ignore or follow up a sexual assault claim?

It makes me angry to see some people losing their jobs because of accusations, assuming some companies are afriad of the bad image it will give because of it, but surely it gives the wrong message to everyone about the company if they are willing to let go of one of their employees for nothing more than a claim?? where's the loyalty in that?

Reg

[Rights Fighter]

The police are obliged to follow up each and every claim.

Those cases where the complainant is very obviously lying will soon be dropped. However when it's the word of one against another and there was "a window of opportunity" then the police will do their best to get a conviction. They will inform the complainant if the suspect has an alibi which often results in the goal posts being moved in the event of a specific date being given.

In my experience (of false allegations) the police do not properly investigate these cases but are more intent on gathering evidence to support the complainant's story.

Being innocent does not mean that you will not be convicted.

[Not Guilty]

Time to get real

Hi everyone and a Merry Christmas to all and hoping for you a better new year. Guys you need to know that all police are not only obliged to follow up investigations, but police receive no, I mean zero training in regards to trying to spot the tell tale signs of a false allegation. Each department within any police service will tell you that they have a legal as well as moral obligation to investigate allegations of a sexual assault, but have no training at all as to how to spot a false allegation. Now here is the thing. In your matter they have an allegation, they have DNA, they have you stating you had sex and it was consensual THEY HAVE A CASE. You have placed yourself at the "crime scene" and they have an allegation from a woman that you have had sex - she has stated it wasnt consensual - you said it was. Sadly you have just related what happens in false allegation matters. Do not think the police are with you - they are there to serve justice. As far as the criminal justice system goes, you are the target of the prosecution. They will not assist you. In my matter I was a serving police officer who had a police student make an allegation. They pursued me with such vigour and hatred - they actually believed this woman. Now if I told you there are ten documented differing versions this woman gave would you believe it. And I was still convicted of two counts. Here is an excerpt from evidence that I obtained for a review of my conviction after I was released from gaol. The woman who made the allegation stated I dragged her out of a club, dragged her 150metres and assaulted her, then walked her back to the club (via another route as she told investigators she did not want to be seen with me) and then she went to another club where she made the complaint to her friend. She stated she was crying, upset and when she was asked to dance, she was in too much pain and could not dance, then left the club 1/2 an hour later because she was feeling "dirty. This is the evidence of the Crown witness, a police officer.
"I immediately told her that we have to go to the police and report this matter to which she declined. At this stage she did not disclose to me that she was in pain or showed any injuries sustained as a result of the alleged incident. Other students assisted with Kristy. I was informed later that Kristy actually examined herself in the toilets to Dingo’s. A very short time later I told Kristy that we needed to go home to which she stated to me, “Let’s stay and enjoy the rest of the night.” For the next two (2) hours or so I saw Kristy smiling, laughing dancing on the stage of Dingo’s. At one stage I only saw Kristy with at least six (6) OSG or SPG personnel (Sworn Police Officers) dancing on the stage. I saw that she was straddling one male’s leg whilst another was close behind. All persons dancing were touching each other bodies. I didn’t look to me that Kristy was in any pain what so ever. Later that night we walked home from Dingo’s to Kristy’s unit in Church Street Goulburn. The distance would be about 1km to 1.5km and we both walked it. Kristy did not complain or show any signs of pain whilst walking home." And this gem
Constable (name ommitted") was spoken to about her manner of dancing and she stated this at trial, (pge 210 trial transcript)
Q. Did you at some stage see her dancing?
A. Yes I did
Q. Can you say anything about the way she was dancing?
A. She was dancing rather flirty up on stage with other males and things like that.
Q. Can you say anything about the style of dancing, how she was moving?
A. Yeah it was odd, it was odd. Yeah, I kept looking at her like she was weird.
Q. When you say odd was there something about her legs or the way she moved or - -
A. No, I didn’t – wouldn’t say there was anything physically wrong with her, she was sort of sluttish actually, the way she danced that’s all."

With all of that evidence, the numerous inconsistent statements and the evidence of the bizarre behaviour of this woman, I was still convicted. The juries reasoning was she was consenting and at some point had withdrawn such consent. The stupid thing about that proposition is that evidence was not even placed at trial, it was not the evidence of alleged victim nor anyone else's. In short my defense stated the jury did not believe she was not consenting.

My point is this - after all of that. Do not assume that because you have certain pieces of what you see as damning evidence that it will be accepted. Secondly, you must get advice from a specialist solicitor that has dealings with sexual assault trials. Do not do the same thing I did and go for the "budget"solicitor.
Thirdly, at appeal your solicitor can only argue points of law. Any fresh evidence has to pass a stringent test and once it is admitted and ruled inadmissible, you cannot use it again.
And lastly, do not let anyone tell you that the system will protect you. It simply cannot protect you when the system is trying to lock you up. Innocent until proven guilty is complete bunk. The simple ideology of society states that a woman would never lie and a jury will think the same way. So you must look at motives, why would this woman lie. Leave no stone unturned. Write down everything that you can remember about that night as you will be tested at court. Any deviation from your version will be seen by the jury as deception. Fight with everything as once you loose your name, it is forever stained.

[kskc]

not feeling any better now

wow, after reading that last post i am definitely NOT feeling any better about my husband's case.
i have given up.
the system has beaten me down.
how can i stay positive when everything in the justice system works against us no matter what??
we have a solicitor under legal aid, i can't afford to pay for a big time lawyer.
he's never coming home.
a good xmas?? yea right.

[RFLH]

Don't give up so easily.

No-one said the fight will be easy, it'll be damned hard - but you can battle it. Rights Fighter is the best person to ask about getting decent legal help, I'm sure she'll be along at some point.

Have you made a start on helping yourself by writing everything and I mean everything, down?

Come on - gloves on, gird your loins and don't let them have it all their own way.

[kskc]

given up

don't get me wrong, i will stand by my husband no matter what. i just don't see things getting any better. my husband's solicitor won't tell us what's going on, the police won't release his bank cards to me, i have no idea what to do with myself or how i can help him. his bail has been refused so he is in a prison where one of the inmates was murdered a few years ago.

what am i supposed to do? there is nothing i can do to help, i hate it.

[Not Guilty]

Why sugar coat something

I am sorry for your feelings of hurt, despair and frustration. But there is no point telling you everything is okay when at the moment it certainly is not. I write on this post to show how the system can get things wrong and how unscrupulous some police and prosecuting authorities can be. If I can spur someone into action, to not take things lightly and to fight with every ounce then I have accomplished something. Now I was placed in custody because I was found guilty of two offences, thats all it took. I spent 18 months in custody for a crime I did not commit. But there was one thing that got me through the depression, the fear, the absolute horrifying conditions - my wife. My wife and her family were at the trial and watched for themselves the absolute disgrace that was the prosecution and the complainant. Her life caved in as well. My daughter was two months old and my wife was a police officer working full time. She went back to work after I was placed in custody and from there her superiors started a campaign to have her leave me. But she stood strong, at one point confronting those who were badgering her and told them off. She had to travel 5 hours to visit me and it cost her a fortune. I had to get her to scale her visits down as the road to where I was incarcerated was a death trap. Now I know that I could not have gotten through this and kept going without her love and support. My point is this, if you give up, then your husband will also. I know you are in a very bad place right now, but the place your husband is in can only be described as a private hell. The inmates describe things inside, sometimes quite colourful, but other times quite clear. The inmates would refer to the fact that you were doing "head miles"that is your thoughts are so intense and you are so troubled that if your thoughts could be converted to distance, you would be doing miles. Your thoughts when inside betray you and only thoughts of despair and frustration come through. There is no shining light, only that when you know that your family will be there for you no matter what. I am sorry but I can't sugar coat something that can only be described as the most despicable act one human can knowingly do to another - lie and have them put away. So do what you have to do to keep your husband strong. He needs you more now than you will ever know. And you will ask, who is going to keep you strong. Keep friends and family close, draw off their strength and fight this. Contact the people on this site for a legal representative who specializes in this type of area. Ask questions. I know you are not getting answers from your solicitor at the moment but they probably can't answer simply because they haven't been given things yet. But believe me when I say this, you stated you are not helping, believe me please when I say this, your love an support for your husband right now is immeasurable. Be there and trust me, he will draw off your strength. And never give up.

[kskc]

completely alone.

thanks for your reply. i feel i can't tell my family what has happened and the friends i have told have turned their backs on me once they found out the details. did you get treated differently in prison from when/if you were there on remand to when you were convicted? i am so worried about my husband there. how did your wife cope? the people i have told are also telling me to leave my husband. that's the kind of support they think i need. it has only been 2 months since he was first arrested, i'm guessing i have a lot longer to wait for the trial.i want to be strong for him but i just dont see things getting better. i just need some good news. thanks anyway.

[Not Guilty]

Everything is different.

I was placed inside the system that I swore an oath to protect, and I did for fifteen years. Once convicted though, your protestations of innocence fall on deaf ears. You are put into a category of a sex offender and treated accordingly. Being on remand for two months was hell. I was placed in a section with the lowest of all criminals - strict protection. The gaol had to be shut down each time I was moved and being transported everywhere was a nightmare. Once sentenced I was placed at a medium security "camp"where I was able to work and earn a meagre wage (about $24 Australian) a week. As I didn't smoke, I spent the money on phonecalls and food. Being a sentenced prisoner was alot easier than remand. But that is not to say it wasn't a living hell, but the environment was different and the guards were different. I was told that as a sex offender , I had to undertake a therapeutic program to address my offending behaviour. I don't know what the system is in the UK but it is tantamount to an induced confession - that is you must confess your guilt to be eligible for parole. I was sentenced to four years with a minimum term set at 18 months. I was told that if I didn't do the program (confess) I would not get early release. Now that is some carrot they dangle. Confess and get out early - and if you were in hell what would you do to get out? I called my wife and told her what I was just told. But I also told her that I would be doing the four years as I simply would not confess. Whilst my wife was shattered, she supported my position. I would have said I was the second gunman on the grassy knoll to get out, but to confess to that - I just could not do it.
If your friends have turned on you they are not friends. Your family ought to know as you need them. If you were to ask my wife how she coped, she would say that she had to - like you. There are no coping mechanisms for what you are going through. There is only the love and support of your family and those friends that have not pre-judged.
I am sorry my story isn't one of a happy ending. But all I want to get across is that you must prepare for the battles ahead. I naively thought that all I had to do was tell the truth and go home. If I had investigated more and learnt more, I would not be typing now. All of the evidence, it it is quite damning evidence found post conviction really does not assist me. The evidence required to overturn the conviction has to be of such strength that a criminal appeals court must intervene. That is why you must fight to gain an acquittal now. I truly do wish you all of the best. I do not wish this terror on anyone. And if there is one thing I could say to your husband it is simply this - never give up. God bless you

[kskc]

shocked and disgusted at the justice system

my husband has the same thinking: if he just tells the truth he will be alright. i am completely shocked at the choice that was given to you. how can they do something like that? i am even more scared. i have always thought the police and justice system are there to protect you. all it has done for me now is cause suffering, financially, emotionally and mentally.
i know you said that you were in australia, i wonder if it the same for the uk? my husband only has a 2year visa so time is ticking.
if all the evidence we have now does not help, then what kind of evidence do we need that would be the most useful?
our soilcitor has watched cctv which shows the girl engaging happily in conversation before the event. but what else do we need?
our solicitor has been ignoring me now. apparenty as i have given a statement to the police i am considered a witness for the crown and she is unable to discuss the case further with me?
i want to fight but am scared to i have much to lose. how do i fight against this when our solicitor won't tell me what's going on?
my husband has it in his mind that because our solicitor was given to him under legal aid, she is somehow working with the police to find him guilty. is this paranoia? or can there be some truth to it?
have you been able to put the whole event past you and lead a content life with you wife?
the only way i can think of putting this mess behind us is moving after everything is sorted.
thank you for you advice and help. we have another hearing on the 9th. i can guess it won't go well.
i can't see my husband ever coming out of that place.
thank you.

[Rights Fighter]

Your hubby can write to the sol and "instruct" him to keep you in the loop.

I have sent you my email address - please let me know which sol you are using and where they are. It is unlikely your hubby can change representation at this late stage but there may be a good enough reason for him to do so. A judge would have to be persuaded with a strong argument though.

[Not Guilty]

Don't give up

I can't pre-empt what the solicitor will be doing and the type of evidence that she may be obtaining. I will say one thing though, that if there is any medical evidence, then an interpretation of that evidence must be undertaken. In my matter the complainant stated she was injured in the genital area and then the doctor for the Crown stated the injury was consistent with her allegation. My defense did not counter this evidence and that evidence alone secured a conviction.
When I was released and was investigating evidence for my review of conviction, I found that the medical evidence given at trial was completely flawed and should have been challenged. I enlisted the Head Forensic Physician of the Victorian Police Service and he reviewed the evidence. Such was his findings that the Crown conceded the injuries could not have occured in the fashion the complainant stated, here is the Crowns submission and his reply to the Crown,
36. In the Crowns Submission, Dr Harmon’s evidence was not to the affect that he could confirm the complainant’s complaint of assault or prove that there had been non-consenting penetration; he merely reported that the complainant’s injuries were “consistent” with her version of events. Whilst the Crown does not dispute that it is not possible to exclude the complainant’s genital injuries as having occurred at some other time, this does not, in itself, raise a doubt or question as to the accused's guilt. Expert evidence of the kind now given by Dr O’Dell could also have been obtained at the time of trial.

Expert Evidence: I dealt with the unsatisfactory nature of the word “consistent” in my certificate. We do not like that word as once it is used, it is too easy to make the mental shift from a possibility to a certainty. The injuries could be “consistent” with other mechanisms of injury as well. While it is true that Dr Harmon did not give evidence that confirmed the complainant’s version of events, it is important to realize that this does not confirm the accused’s guilt either. I am at a loss to understand the argument that if it is not possible to exclude the complainant’s genital injuries as having occurred at some other time, “…this does not, in itself, raise a doubt or question as to the accused’s guilt…”. If any reliance was made on the injuries for determining guilt or dismissing the first appeal, then that is based on very uncertain evidence and if there is a possibility that any genital injuries were either not present or occurred at some other time then this casts doubt on that determination.

I can understand why you are confused - but the system is geared towards the proposition that a woman would never lie. Then find out why she would lie, motive to lie is also an important aspect. That is going to be the basis of trial, she says she was not consenting - then find out why she would be saying that in the first place.

I don't think I will ever get over what happened. But I decided a while ago not to be a bitter person, but a better one. So now I have a good job, a loving family and friends who support me. I also get onto sites such as this and try and help, even though my story is not one of success, it is a story where people can learn from my mistakes, and hopefully not ever be in the position I was in.

Legal Aid - yes he is being paranoid - they are not working with the police. I would take Right's Fighter up and contact them about solicitor issues.

I know the 9th will be upon you very quickly. If you need to talk just jump on, but remember don't write anything about the allegation as it is before the Courts. Even if you just want to talk about how you are feeling, that is okay, we are here for you as well.

My sincerest best wishes and will talk soon.