Situations......Ugly

[Soul2soul]

Hi all, after being an onlooker for ages i have given in to seeking advice with regards to my situation. Will try to keep it as short and onpoint as possible.

The allegation dates back a year and a half ago, one night stand had sex in public place , Texted each other next day and decided that we was not gonna go further. Well i wasnt looking for anything nway and didnt even try mantaining the relationship as i was cheating and she was on a break.

Anyway 7 months down the line, invited for interview, wish i sought this site before that. Anyway had duty sol and i was informed of allegation, briefed sol and he said say everything you have told me, as you have nothing to hide. True.!!

6 months into it forgotten, as i had moved houses and heard nothing from sol. Mind you i informed OIC of change of address. Out if the blue im picked up on warrant for not turning up in magistrates, almost had a breakdown. It was a friday afternoon so had to spend night on cell and court in morning then bailed.My allegation is not about a minor so im still with my family.

Fastfoward just had my plea hearing and trial in few months. At plea hearing judge ordered prosecution to pursue and investigate accusers facebook activity, her phone activity(which she claims she got rid), cctv from the nights surroundings. Is this of confort on my side?

Just been informed by my current sol, had to change, that they say they cant get any messages off her facebook as they were deleted, i am sure they have ways of doing this really. Also phone records are not obtainable they say as she got rid of it as it reminded her of me.
I have individually been to the area since charge couple times looking for clues and have provided sol with city watch cctv that might help me, she is currently pursuing this and one which was vital from a block of flats as the whole thing would have been on tape, unfortunately the landlord of the flats said its dummy cctv. Which i didnt believe, went back to check again and got installers details. Called them asking to buy some dummy cctv, they said they are a worldwide company and they dont do dummy cctv and i should look on ebay for such. I have notified my sol about this.
She has told me she wont go direct to police as she feels they might hide whatever works in our favour, instead she will deal with prosecution.

I wish i found this site earlier and read before my interview but hey, its that adrenaline of being accused of some notorious crime and you wanna get things cleared asap.
I have sent 2 of my old handsets for forensics in the hope i might get something but unfortunately memory was too low and texts got overwritten possibbly and these were vital texts. mind you i had called OIC offering these phones after interview but she never bothered getting them from me.
Basically its word against word, she did interview with boyfriend aside, they got bk together i guess,
Another question i have is this person has made allegations before, 1 official some unreported as it was within family but my sol is saying court wont let us obtain her social workers files.is there a way around this?

Any input and/ thoughts most appreciated,sorry for long tale. will add some i might have missed some vital stuff
I have 3rd daughter due in 3 weeks, a wonderful partner who knows i messed up by cheating but i wouldnt force some1 and she laughed at accusers statement as it sounded like a 5 year old was saying all this as it didnt make sense, then 3 interviews with police,then police had to put the story together.
Help plizz im a wreck. Thanks

[Lincolnburrows]

Hi s2s, Just sending my wishes and i hope for the best. I'm going through something similar but thankfully i didn't delete the Facebook mails. I read somewhere that deleted Facebook messages can be retrieved under legal circumstances. Take care, stay strong!

[TBG1]

Welcome

A sad welcome to you S2S. Yet another sorry tale that is not unfamiliar as you will have seen on this forum.

I'm sorry that you find yourself in this terrible situation, but interacting with the members here should at the very least help to calm and focus you for the fight ahead.

Just turning to your situation, it must've been a rude shock to bet stopped by the police and learn that you "failed to appear" .... Am I correct in assuming that you attended a 'Voluntary Interview' initially and as such walked out without being charged or given bail conditions? I only ask because your story then jumps to being arrested (for the "no show") but towards the end of your account it seems to suggest you attended further interviews.

[Soul2soul]

Hi thanks for replies,
@ Lincolnburrow - Yes facebook messages can be retrieved by law enforcement if needed. This is what i told my sol and she said she wont deal with OIC as she seems a bit funny, probably wont give us anything in my favour even if she got anything.

@ TBG1 - Yes i attended voluntary interview initially, no bail cond. I did not have further interviews, i meant my accuser did, the 2nd time she mentioned she wasnt feeling well and was given a couple hours break. And they had to start again or continue, then puzzle her story again, in talking 70 pages of crayon talk. Her first interview is in unused bundle, dates dont add up and times, story very different from first. A lot of ????? marks really.

I forgot about this 6 months after as i heard nothing and really thought it werent gonna go anyway as it was not true and they will figure that out. How wrong was i.
Does anyone know since judge is requesting further investigation, is this a good signal because if texts and facebook or cctv was found i know i wont even go to trial.
Thoughts??
I deleted mine obviously because i had cheated.But am sure if someone violated you, you would keep all evidence possible.Just a thought.And also the time lapse? Why wait so long to report. Her answer was absurd. Sorry had to edit the quote as it may be identifiable.
Thoughts, thanks

[Foxface]

So sorry to hear about your situation, with regards to Facebook, the UK police have no authority over Facebook to get evidence, what they can do is ask a person to supply there Facebook dump which contains your entire Facebook history, but this won't include any deleted messages, I went through the same recently. If the police tell you that they can get deleted messages back they are more than likely fibbing, if you are a heavy fb user your computer or phone will write over any cached files within a few weeks, if your a android user then this time is reduced to hours.

Hope you get the right results mate, my thoughts are with you

[TBG1]

Thanks for the clarification.

It's bemusing that the authorities do no more than "send a letter" for something as serious and important as a criminal charge!...What if (like you) you've moved, or the postman delivers to the wrong address, or countless other possibilities?! What's wrong with making sure you get it by countless simple methods? Crazy. (Apologies for the rant).

I appreciate that FB would require a 'court order' to provide confidential information on someone else's account, but I wonder whether they will "happily" provide it to the user? What I'm thinking is what if you were to request your deleted information? I know that you can request copies of info any company holds on you (under the Data Protection Act), but whether that applies to Social Media or not, I don't know.

It's got to be worth a try.

[Soul2soul]

Thanks @TBG1
I hadnt thought of requesting my facebook deleted messages. I am not a regular user but will try crack on that. And yet again i am positive i read somewhere were it was mentioned that if authorities wanted deleted info they can get it. Something to do with the Terrorism Act and as we all know its an obligation for social media to help authorities and safeguard with regards to such.

Will try google more about this.It was dehumanising being picked up on warrant, scared ma, infront of my kids and girlfriend. Luckily the female officer was very polite and seemed to understand.Even had a chat with her about my situation and she tried to get me to court same day so i didnt spend night on cell but they wouldnt accomodate me as it was very late.Some system we are in. You are treated as scum and you not guilty yet.

Thanks TBG1 for listening and all the best in your fight aswell.

[Rights Fighter]

Thanks for the clarification.

It's bemusing that the authorities do no more than "send a letter" for something as serious and important as a criminal charge!...What if (like you) you've moved, or the postman delivers to the wrong address, or countless other possibilities?! What's wrong with making sure you get it by countless simple methods? Crazy. (Apologies for the rant).

I appreciate that FB would require a 'court order' to provide confidential information on someone else's account, but I wonder whether they will "happily" provide it to the user? What I'm thinking is what if you were to request your deleted information? I know that you can request copies of info any company holds on you (under the Data Protection Act), but whether that applies to Social Media or not, I don't know.

It's got to be worth a try.

May people have tried and failed to get Facebook to release deleted posts and messages. From now on it's better to take screenshots.

By the way, how do you know that the messages have been deleted? You might have deleted yours, but they might still remain on her account.

[Soul2soul]

Thanks for your input R.F
The OIC emailed my sol to say she doesnt have the messages as she deleted them. The judge had asked for them to look at her incoming and ougoing messages and posts with regards to our relationship and / case. Even my sol said she doubts it even if they got them they would show all if they worked in my favour.
Thanks

[Rights Fighter]

Is the OIC believing the complainant though, or has she seen for herself they do not exist.

I do know that some people think they are deleting messages, when they are actually sometimes archiving them, so they are, in fact, still viewable.

[Soul2soul]

I am thinking its only word from complainant. You would think social media investigation would have been done on initial investigation though as she mentioned activity between us, also cctv but they never bothered.

R.F as a senior, since the accuser has accused before and not proceeded as it was family related, would court allow to access her social worker file as its someone with issues, self harm etc. Any knowledge on this? thanks

[Rights Fighter]

Defence cannot go on what is called "a fishing expedition" in sensitive/confidential records, just in case there is something that might help the defence case. The solicitor / barrister would need to make a solid argument as to why they need the records, or that part of the records. It's called PII = Public Interest and Immunity.

The police should have a record of previous complaints made by the complainant, against other people.

[Soul2soul]

Thanks R.F

Does anyone know how long it takes to get cctv footage back requested to the council???

ThAnks

[IRB777]

I believe law enforcement can access old deleted facebook messages. They may disappear from the users account. But Facebook themselves can retrieve them so the police would have to contact Facebook in Massachussets. Sounds like a case of same old dirty police non investigations. I had some of this in my case, there was an unreported accusation made by my accuser against her colleagues husband of sexual assault at her work place. I gave police phone numbers and names of people to talk too, they came back with nothing and said no one would speak to them. I doubted they even bothered. I also had a good character witness, my previous ex wife of 9 years. she was never interviewed ,they did ring her up however to check she existed, to gauge the strength of my defence. The first OIC of my case shortly after was suspended due to a Rape trial collapsing in Newcastle due to dodgy dealings. The corrupt B.....d.

[Soul2soul]

Thanks for input ....
I am still busy with trying to contact facebook admin. Also trying to chase up on cctv. Dirty games i guess, and its ridiculous the number of people posting, its a plague. Can imagine theres loads more out there who are looking from the outside afraid to post and some who do not know of this wonderful site.

I pray for a miracle right now, this is not living, been doctors, just cant go on anti depressants, hate tablets and pharmaceuticals, more of a herbal person, so i refused the help, called samaritans couple of times, which helps. Since charge i drink if not at work. Kids just started nursery, just scared i might miss on their wonderful transition over some -5 minute fun.Which wasnt worth it.

To men out there, never cheat on your wives, girlfriends etc. Its not worth it, remember Tha Devil you know is better than the one you dont. And the grass is never greener on the other side. Its the same thing, just comes in different packages.

Good day to all.