Hello

[jittery]

I have recently been accused of rape by a woman. In my heart I know I am not guilty of this. I was called in for an interview but no solicitor attended as I did not request one believing that this would stand me in good stead as it would be taken as a sign of my innocence. A friend told me I must have one so I do now. I started off very relaxed thinking that everything will be ok as justice will prevail. After going on the net I am now jittery because I have read some appalling cases of miscarriages of justice. The more so because I was told by the woman in question that she had mild learning difficulties pertaining to reading and writing, I am now worried that I will be found guilty by default because of this. Does anybody know where I may stand on this?

[Casehardened]

Hi and welcome to the forum,

There is some general advice in this link which may be of some initial help:

http://www.daftmoo.org.uk/mooforum/s...at-happens-now

[jittery]

thanks casehardened

Hi and welcome to the forum,

There is some general advice in this link which may be of some initial help:

http://www.daftmoo.org.uk/mooforum/s...at-happens-now

Thanks casehardened, no real use in itself, but re-assuring to know that someone's taking an interest. Oddly my personal life IS taking an upswing because of this!

[Rights Fighter]

I have recently been accused of rape by a woman. In my heart I know I am not guilty of this. I was called in for an interview but no solicitor attended as I did not request one believing that this would stand me in good stead as it would be taken as a sign of my innocence.

A friend told me I must have one so I do now. I started off very relaxed thinking that everything will be ok as justice will prevail. After going on the net I am now jittery because I have read some appalling cases of miscarriages of justice. The more so because I was told by the woman in question that she had mild learning difficulties pertaining to reading and writing, I am now worried that I will be found guilty by default because of this. Does anybody know where I may stand on this?

You should have been offered the services of a duty solicitor. Were you?

Not being able to read and write doesn't equal to having no ability to lie. Nobody is found guilty be default; it depends on the evidence the defendant can find and how experienced the trial solicitor and barrister are, however that is a long way down the line. Best not go searching for worst case scenarios at the moment, as you've not been charged.

[jittery]

thanks rights fighter

You should have been offered the services of a duty solicitor. Were you?

Not being able to read and write doesn't equal to having no ability to lie. Nobody is found guilty be default; it depends on the evidence the defendant can find and how experienced the trial solicitor and barrister are, however that is a long way down the line. Best not go searching for worst case scenarios at the moment, as you've not been charged.

Thanks rights fighter. Yes I was offered, I asked what was usual and was told that I could not be offered advice. I said I had nothing to hide and the dc said you should be alright then, so I went in alone. Think you are right, I'll just have to wait now. There is no real evidence, unless someone is prepared to lie on her behalf. We spent the day out together, unfortunately we did not pass anyone we knew and she spent the next day and a half telling me by text that she loved me and was looking forward to our next meeting, the dc gave his opinion that as long as I have not lied about the text messages and so long as they can be retrieved successfully I should be okay. I know it is only his opinion, am I right to be encouraged by this?

[Rights Fighter]

Never be encouraged by a police officer who is investigating. It's part of their job to play nice.....

[jittery]

thanks rights fighter

Never be encouraged by a police officer who is investigating. It's part of their job to play nice.....

I am naiive aren't I? Thanks for the info, obviously I'm looking for any signs of re-assurance at this early stage. I feel pretty relaxed, but my biggest worry is about telling my parents, particularly mum who really is not well.

[Rights Fighter]

Sadly I've undertaken legal visits to some prison inmates who were told by their police officer "this isn't going anywhere we can see it's rubbish".

Sometimes the cases are rubbish of course and provably so, but some jurors believe that nobody lies about sexual abuse so they ignore the evidence that proves they have.

[jittery]

thanks rights fighter

Sadly I've undertaken legal visits to some prison inmates who were told by their police officer "this isn't going anywhere we can see it's rubbish".

Sometimes the cases are rubbish of course and provably so, but some jurors believe that nobody lies about sexual abuse so they ignore the evidence that proves they have.

I can believe it. Do you know before this experience I always automatically believed the woman in cases like this. I would always assume the accused were guilty until proven innocent, I can well believe there are people with more extreme views.

[Rights Fighter]

Boys and men make false allegations too, of course

[jittery]

thanks rights fighter

Boys and men make false allegations too, of course

You're right of course. I'm usually a good lateral thinker, but I must admit this whole experience so far has left me feeling a bit dazed. Like 123123 I am amazed how many people are in the same boat as myself.

[jittery]

first communication

Well, I've had my first correspondence from my solicitor. Just the basics, police trying to retrieve deleted texts from my accuser telling me she loved me, and couldn't wait to see me again; whilst all the time she had already accused me. Two days later she sent me a text saying she didn't want to see me again because in her own words she " couldn't handle it " . I hadn't been seeing her for long, but was beginning to think she may have mental problems. About a week and a half later the DC came round. So I'm waiting now to see if these texts can de retrieved ( I'm told they usually can ) and what the next step is. Thanks for all the views, I'll keep you all posted.

[Casehardened]

I've moved the thread as it is now more appropriate for it to be in this section.

[Tdm]

You may want to do what you can to retrieve the text messages yourself. Contact your mobile provider, if they can't produce the actual text they may be able to confirm that there were messages sent from her number to yours on a particular date which would back up your story somewhat.

Also, perhaps try restoring previous electronic backups from your phone. In my case, the police were unable to retrieve all the romantic and naughty text messages she sent me after the night of the alleged incident but I was however able to retrieve the photos sent during those conversations. These photos were sexually explicit and sent to me by her and were time stamped. The conversations may not be available but at least I was able to get the pics to back up my story. The police have asked me to provide these pictures to them, leading me to believe that they were not able to retrieve them either.

It's worth a shot anyways. Also, anywhere you and her or at least just her may have been caught on cctv immediately after the alleged incident would be helpful. One thing the prosecution can use against you is the alleged victim being shown to be in distress immediately afterward. Perhaps somewhere there is footage disproving this?

Not sure if this helps but keep thinking, a few things occurred to me much later than my initial thoughts that may help me.

[Rights Fighter]

I'm thinking his phone is still with the police. There are some really good computer/phone forensic experts out there, (should their be a charge). They can usually be instructed on legal aid once there is a charge - no pun intended