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  • struggling with this

    i am new to this site,but i have been reading through forums because im not coping well.

    I am in my late thirtys i have 3 children and i have been married for 7 years and been with the same partner for 17 years.

    A week before christmas 2014, i was on a works party.at 2.30 pm i spoke to my wife and asked her if she wanted a takeaway,because i was on my way home,shortly after when i was walking to the take away i spotted 3 lads shouting and screaming at 1 lad,it took me a few seconds to realise this was not right,so i interviened,only to be attacked myself then the police arrived.on being arrestedi was took to the police station to be booked in for affray.

    the next morning an officer came in to my cell and said are you here for rape,my responce was no for fighting then he left,he came back ten minutes later to tell me i was there for rape,at this point i lost all my bodily functions.

    I have never been arrested and that whas a shock but to be told i was also there for rape was the worst time of my life,i pleaded my innocence and they just left me there for hours before someone came back,i did not know how the police work so i did not ask for a solicitar,which my wife and my dad said this was a mistake but i was so scared.

    They asked me before interview if i would do a personal dna which i replied yes,because as scared as i was i knew this would prove my innocence,i also offered for them to take my picture,but they never took finger nail clipping or never took my clothes or phone.

    on entering the station the seargent asked if i was on medication i am epileptic i said so they sent home for my tablets,i have to take a tablet each night before i go to bed,the following night they brought my tablet in a cup with some water,but with my tablet they were other tablets which at this point i thought was standard everyone gets them,

    i was very dehidrated so i took the tablets then an hour later i was interviewed,i can remember everything that happened following my arrest but cant remember the interview i know i did not want solicitar cause i was scared.

    on leaving the station and collecting my things phone my tablets they also give me someone elses tablets who got arrested earlier with his name on,at this point it hit me they have been giving me wrong tablets so i said nothing i have these tablets with me,but the police have no idea i know,but they will when its over.

    no wonder i could nt remember what i said in interview

    i remember after the interview two lady officers brought me home and spoke to my wife,i think they knew it wasnt me.that night all of sudden i started being sick and hallucinating my wife panicked and she looked these tablets up,it stated in big letters under no circumstance give these tablets anyone with epilepsy.

    i thought that i was going to die,my wife said i need to go hospital but i said no,been away from my family to long at this piont i have been to the doctors 4 times over these affects and did not eat for 9 days through it,also lost a stone in weight.

    a few days after i was bailed i phoned for a update they told me 2 women have made allegation of sexual assault and rape they also said the lad i was protecting was arrested to,but i never knew why they was picking on him,wrong place wrong time but my heart was in the right place.a lady officer said to me this case will never go to court which tells me these girls was drunk and no one did these things
    Last edited by Casehardened; 5 February 2015, 10:17 PM. Reason: To split into paragraphs fpr easier reading

  • #2
    Hi and welcome to the forum,

    I have not altered any of your wording but split the story up at significant points so as to make for better understanding of your situation.

    I guess the girls who accused you and this lad who was being picked on, of rape, possibly were girl friends of the aggressors and know the legal system quite well and thought that this accusation would get their boys off the hook i.e. they were attacking you because you assaulted them!

    I wonder where and when they told the police you were supposed to have assaulted and raped them? If you don't know them and have never met them this is a difficult accusation to make (as you probably will have an alibi) and you were hardly likely to rape them in the street halfway during the affray in front of witneses!

    I feel sorry for the police in having to disentangle these false accusations from the genuine issue (by your own admission) of you having assaulted the lads, but if you don't know these girls and didn't come into contact with them on the night (so none of your DNA will be on them) then I agree that this accusation will go nowhere.

    As you intervened (and I agree you did the decent thing) then the accusation of affray is justified and therefore outside the scope of this forum.

    However my personal view is that the tablets which you were mistakenly supplied with (but swallowed voluntarily!!) will give a very good case for disregarding anything you may have said at the interview following consuming these tablets.

    It is possible that, when the police become aware of this, they may simply reinterview you, but if they do this then at least you can arrange for a solicitor to be present that time.

    I'd suggest not doing anything at the moment as the likehood is that you will be NFA'd on both accounts. Obviously if you want to raise the issue further regarding the mistake over the medication then this is up to you and again beyond the scope of this forum.
    'What doesn't kill you makes you stronger'

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    • #3
      thanks case hardened

      I am not the best at putting things into words.but its a nightmare be in this situation. Not knowing whats going to happen.thanks for the advice.had a phone call saying I should get a decision before bail date.is this a good sign.also forgot to mention I was accused of having a knife.but I got eliminated from this last week.think they checked my finger prints.thats the only update I have had

      Comment


      • #4
        Odd about the tablets!! Most police stations have CCTV around the cell areas so if they deny giving you the tablets, they should be seen on CCTV taking them from wherever they got them from and then taking them in to you

        Did the police offer you the use of a solicitor?

        Which part of the UK are you in?
        People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

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

        Comment


        • #5
          Im in manchester.my bail date is one week today.these tablets I took had someone elses name on.just out of curiosty I typed his name in search bar and area.he was arrested day before and sent the the same police station

          Comment


          • #6
            I would hold onto that info about the tablets and wait to see if there is a charge. If there is then the sol might be able to make good use of that......

            With regards to CH's comment:

            However my personal view is that the tablets which you were mistakenly supplied with (but swallowed voluntarily!!) will give a very good case for disregarding anything you may have said at the interview following consuming these tablets.
            It would really depend on exactly what they are. If they had the other guy's name on the bottle or packet then the name of the medication would be on there.
            People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

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

            Comment


            • #7
              Originally posted by notcopingwell View Post
              that night all of sudden i started being sick and hallucinating my wife panicked and she looked these tablets up,it stated in big letters under no circumstance give these tablets anyone with epilepsy.
              Originally posted by Rights Fighter View Post


              It would really depend on exactly what they are. If they had the other guy's name on the bottle or packet then the name of the medication would be on there.
              The OP didn't specify what they were but he said he was given the rest of the other guy's tablets to take home....
              'What doesn't kill you makes you stronger'

              Comment


              • #8
                Yes I saw that. The problem is, when it comes to legal matters, I think that he would have to prove that the impact of the other guy's tablets had a negative effect on the interview.

                I appreciate that he says that he can't remember the interview, but then the police would say "well it's his word against ours that he was unfit". The interview transcript would have to be 'examined' to clarify what was said. If his answers to questions did not make sense in the context of the questions then he might have a case. However, if they did, the police are likely to say that there was no impact of his ability to answer questions.

                We then come back to the question of re-interview. If you remember what happened with MyHome, where her interview tapes were ALL completely blank, I contacted my solicitor friend D and she said that in order to re-interview her there would have to be "fresh evidence". She said she had had something similar happen to one of her clients. Police wanted to re-interview, my sol friend said that they could not re-interview without fresh evidence.

                Whether the same would apply in the OPs case I don't know, as the circumstances are different.
                Last edited by Rights Fighter; 6 February 2015, 04:31 PM.
                People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

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

                Comment


                • #9
                  Originally posted by Rights Fighter View Post
                  I contacted my solicitor friend D and she said that in order to re-interview her there would have to be "fresh evidence". She said she had had something similar happen to one of her clients. Police wanted to re-interview, my sol friend said that they could not re-interview without fresh evidence.
                  This is very useful information, thanks for highlighting it

                  I was aware that the police do reinterview if fresh evidence comes to light but I didn't realise that they couldn't just do a rerun of the initial interview if, for example, they thought the OIC should have done better or wanted to put more pressure on the accused.
                  'What doesn't kill you makes you stronger'

                  Comment


                  • #10
                    That is what solicitor D said. Mind you, once the MoJ get wind no doubt they will change that too......
                    People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

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

                    Comment


                    • #11
                      Just been told these are two totally different investigations.the affray has gone to the cps.not sure whats happening with the rape allegation.bail date due on the 13th.hoping to get a nfa ir no crime this week

                      Comment


                      • #12
                        Still no nfa or no crime bail is in 2 days.because I was arested for fighting aswell is it possible I will get nfa for false allegations. and maybe charged for fighting.

                        Comment


                        • #13
                          Nobody on here can answer that question.

                          All you can do is to sit it out - I know that is easy for me to say, but it is the truth.....
                          People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

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

                          Comment


                          • #14
                            Is it normal police practice to get nfa or rebail before bail date I am due to answer tomorrow at 3.not heard anything

                            Comment


                            • #15
                              Yes. Rebails can happen over and again before NFA or charge. Also people are sometimes told what will happen before the rebail date, and sometimes not. Swings and roundabouts and you cannot really read anything into that
                              People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

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

                              Comment

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