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  • #1

    Supporting my partner

    Hello,
    I've come across this forum and found it useful to read. I am current supporting my partner who is awaiting trial following false allegations of rape by his ex girlfriend.
    It took 9 months of re-bails before he was charged and over a year since then before the trial starts in October. Such a long and painful wait that it is putting a strain on our relationship and times are hard.

    His solicitor is relatively positive about getting case but has said it is largely her word against his on the day.

    The police have not investigated the evening fully (cctv footage not looked into), interviewed a taxi driver and are being very slow to disclose all information which we still haven't got....is this common?

    They have also frozen all his banks and savings accounts so he no access to money...again, is this common?

    I have tried to encourage him to post on this forum as it seems like a great place for support from others who have been or going through similar situations but he is reluctant to at the moment due to depression and anxiety kicking in.

    I apologise if the post is a bit vague but with so much information it's hard to know how much to post to start!
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  • #2
    Hello and welcome to the forum,

    Well done for supporting your partner, this will undoubtedly will be a great help in getting him through this ordeal.

    Originally posted by Getting2Much View Post

    They have also frozen all his banks and savings accounts so he no access to money...again, is this common?
    This is a bit puzzling, as far as I know, the police don't have the powers to do this, it has to be done via a court in which case the application should have given a clue as to why. (His solicitor should be able to explain)
    'What doesn't kill you makes you stronger'

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    • #3
      Thanks Casehardened.

      From what I understand, sorry, it was the court that approved the account being blocked, from what he's told me it to do with them stopping him spending their potential compensation?!

      Comment

      • #4
        Originally posted by Getting2Much View Post
        From what I understand, sorry, it was the court that approved the account being blocked, from what he's told me it to do with them stopping him spending their potential compensation?!
        The courts have the power to freeze assets but it's been more usual in family or fraud cases where a restitution order may be made.

        The compensation in sexual offence cases is paid out of central funds by CICA.

        However it might be a new ruling by the MoJ to ensure he pays his contribution towards the legal aid fees or possibly to refund the CICA payout??
        'What doesn't kill you makes you stronger'

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        • #5
          Thank you....maybe I need to ask a few more questions about that.

          Comment

          • #6
            Originally posted by Casehardened View Post
            The courts have the power to freeze assets but it's been more usual in family or fraud cases where a restitution order may be made.

            The compensation in sexual offence cases is paid out of central funds by CICA.

            However it might be a new ruling by the MoJ to ensure he pays his contribution towards the legal aid fees or possibly to refund the CICA payout??

            If it is an historic case the accusers might not be eligible for "compensation". Freezing assets such as bank accounts is one way of making sure they get a pay-out. They could be asked at trial whether there was a financial incentive to make the allegations. If they deny that then the jury will know they are lying about that aspect of the case.

            Also as CH said, it could be so that they don't hide assets in order not to pay contributions towards LA.

            It is unusual for them to freeze assets for that reason though, unless there is evidence the def was going to hide his assets.
            People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

            PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

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            • #7
              Thank you RightsFighter,

              My partner won a substantial amount on the lottery before met her and has said that at times she would ask him to pay off her credit card bills and pay for stuff.

              We have been told that it can take 6 months for the request to unfreeze the accounts to happen which is after the trial has been and gone!!

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              • #8
                So if this comes to trial she can be cross examined on the financial motive for making allegations.....
                People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

                PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

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                • #9
                  Thank you.

                  I'm not sure why his solicitor couldn't tell us in that plain language! I'm starting to get worried about his commitment to the case.

                  Is it usual that the prosecution are slow to disclose an paperwork? We had the first lot through before the first Crown Court hearing back iN February but since then they have sent a selection of the remaining phone data despite much more being requested. His solicitor doesn't seem too bothered about chasing them for it and is becoming frustrating.

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                  • #10
                    The sol should be chasing for more. It is usually the case that the CPS are slow and reluctant to disclose evidence that might assist the defence case. They are also reluctant to disclose there side so they can ambush defence at trial.

                    They aren't supposed to do that of course, but it is how it often happens.
                    People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

                    PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

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