How can you get your FA charged

[Pond31]

Hi

I was just wondering is there anything you can do to get your FA charged with making false allegations. I am sitting on a tone of evidence and just wondered if I get a NFA or are found NG is there anyway I can push for my FA to be charged. If I can prove that the allegations were bogus do they police have to press charges or will they just go hooo humm and move along to the next case?

Pond31

[Peter1975]

I think you already know the answer to that Pond. The police are politically reluctant to charge the accusers with anything and some forces openly admit that they will not charge false accusers for fear of sending out the wrong message to genuine victims.

There is a high bar for proving false allegations to a criminal standard with a reasonable prospect of conviction, perverting the course of justice is a serious matter and carries a stiff sentence. If you do indeed have proof beyond a reasonable doubt that the accuser is lying rather than mere doubt she is telling the truth then you shouldn't have anything to worry about and if you can provide this proof to the police (with the advice of a solicitor) then you may just persuade them to take you seriously.

Failing that, you can take out a private prosecution but this can be costly,as Alexander Economou can tell you and in E&W the CPS can take over the private prosecution and either continue, reimbursing you as they did with AE, or they can discontinue it leaving you massively out of pocket.

Likewise, suing the false accuser is also difficult and likely to leave you thousands of pounds poorer. For one thing, you cannot sue anybody for anything said to the police or in a courtroom as both are subject to legal privilege. Freddie Starr attempted to sue his accuser for repeating the allegations elsewhere and at a lower burden of proof in the civil court, the judge decided that his accuser was telling the truth and ordered Starr to pay her costs as well as his own leaving him something like £1M worse off.

This is really down to you but the often repeated advice, which FWW puts best, is that the best revenge (and recovery) is a life well lived. Think about who you were before the allegations and who you want to be afterwards and realise that you can get past this. I would never tell anyone not to seek justice if they wish, and good luck to them, but I will always counsel against seeking vengeance, wasting time and money and wasting a life that you could still live to the fullest.

It's natural to feel the way you do right now but note the absence here of all those that have been NFA'd and NG. Most of them promised to stay and support others. They are not here because they are living their lives, hopefully recovering nicely. They are not allowing being falsely accused to define who they are. They are leaving a horrible thing where it belongs, in the distant past and not giving the accuser a second thought. They got through it and you will too.

[Pond31]

I have a number of paths to take

Thanks for your reply Peter, I have a number of paths to take after I prove to the Police that my FA is a FA.

1) I shall request they arrest first then charge her
1.1) If they don't I shall complain to the Police Ombudsman if the refuse to do so.
1.2) If they do arrest her or admit she committed an arrestable offence then I shall claim under CICA as a victim of crime, this is not for personal gain.
1.3) I know she has repeated the false allegations too others and they have been written down, so I shall then sue her for defamation of character in the
small claims court. Again not for personal gain.

2) If the police or PPS refuse to do anything.
2.1) I shall sue them for abuse of process or maleficence in public office. Highly unlikely to go anywhere but I am making a point.
2.2) I shall sue her for defamation of character in small claims court.

I don't really care about the results of any of the above the main thing I wish to do is to seek a judicial review of the decision not to bring in Statutory Time Limits in. The Justice System have known that there have been unacceptable delays for years but have not done anything about it because of the lack of "resources". I intend to seek legal advice on how to approach forcing them to provide the resources. The fact that the Justice System knows it is taking to long but does not do anything about it seems a clear breach of Article 6 of the Human Rights Act. The fact they recognise there are delays in the legal system and attempted to fix it seem to me that they have openingly admitted that they are not presenting someone to a judge in a timely or reasonable manner.

I am not planning this for me, because my case will be over. I am doing this for all those behind me who will be falsely accused of a crime and have to suffer the way we have. I want it to stop. If I get it done here in NI hopefully that will force the English/Welsh Justice System to do the same.

If they have millions to keep chickens warm here in Northern Ireland then they should have the money to fix the justice system.

[Streeter]

The police will do sweet fxxk all, and will even hide things they know about