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Thread: Falsely accused

  1. #1
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    Default Falsely accused

    Hello all,

    I have stumbled on this forum this week after a traumatic weekend. I just want to say thank you to all first as I have read a lot of posts on this matter

    Spend 14 hours in the cell and my life is crashing before my eyes. I'm on bail and still have 12 weeks before any update ! Phone is taken off me etc.

    Is this 12 weeks normal? I can't even function at work and have booked to see a counsellor tomorrow. I have done nothing wrong here as there was consent. Any advice opinions will be great
    Last edited by Bob1234; 3rd February 2017 at 12:47 PM. Reason: Just

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    Quote Originally Posted by Bob1234 View Post
    Hello all,

    I have stumbled on this forum this week after a traumatic weekend. I just want to say thank you to all first as I have read a lot of posts on this matter

    Spend 14 hours in the cell and my life is crashing before my eyes. I'm on bail and still have 12 weeks before any update ! Phone is taken off me etc.

    Is this 12 weeks normal? I can't even function at work and have booked to see a counsellor tomorrow. I have done nothing wrong here as there was consent. Any advice opinions will be great
    Hi Bob
    Welcome and firstly - calm down and take a breath. You have had a massive shock to the system. There are a HUGE amount of claims like this so there is a good chance of the allegation being dropped.
    Have you been charged? And did you have a solicitor with you at interview? Seeing a counsellor is a good idea. Pre-charge bail is changing so I don't know - 3 months is probably what they need to do electronic stuff.

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    Welcome Bob
    So sorry you're going through this!

    Have a look at this link:

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

    Hang in there
    YoH

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    Hi guys

    Thanks for the support. Without going into detail we had both been drinking if that's of any use.

    I have not been charged no, but the feeling is awful. I cannot sleep, appetite has been low and i just feel alone.

    I have told my parents and a couple of my friends as I needed support and this was the hardest thing I have ever had to do. The next day I wrote down in a lot of detail the events of the night. I did have a legal rep with me when answering the questions Which was provided.

    This matter has changed my outlook on police etc. It's not about innocent until proven guilty. It's guilty until proven innocent. I just wish I could turn back the time and avoid this whole mess!

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    Sounds like it's a matter of consent, which is very common.
    It will come down to whether you had a reasonable belief that she consented to the sexual activity.
    Not easy to prove either way.
    But please try not to panic.
    If there was clear evidence you would already have been charged.
    I remember all those feelings so well.
    It's perfectly normal to feel that way, and it doesn't feel like it now, but they will pass.

    If you are interviewed again do not say anything without a solicitor.
    It's not a friendly chat, although the police may lead you to believe so.

    If you are charged (and you may not be) the most important thing to do is get a specialist solicitor, whether private or legal aid, it must be one who knows these cases.

    In the meantime, as I said, don't panic!
    Wrote down as much as you remember and keep it safe.
    You may never need it but it'll help you focus.
    It's a bumpy ride but hold on tight and you'll get through it.
    YoH

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    Thank you guys.

    You always read of such cases but you never imagine this could happen to you.
    I am in a bad place at the minute but hopefully that will change. I can't even imagine if I were to be charged the amount of stress it would cause me and my family, knowing full well I have done nothing wrong.

    I know some of you have been through this before but trying to resume your life like nothing has happened is a challenge. To think the person who has done this to you will get anomity, support whilst I didn't even get a booklet on who too contact after being released is just awful.

    As mentioned the next potential 12 weeks will be hell. If they make a decision sooner do they let you know? To think they could even push it back is heart wrenching

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    They might do.
    You won't be a priority though.
    There will be real crimes with actual evidence which they can get their conviction rates up with.
    I believe forensics are always busy so 12 weeks might be a bit optimistic.
    But you really never know, it could be over much sooner.
    If they decide there's no point in pursuing it they should let you know.
    As always the advice is:
    Hope for the best - Prepare for the worst.
    YoH

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    Hi Bob1234. I echo everything that YearsofHell has said, and couldn't say it better. Rest assured that what you're feeling right now is normal, but be gentle with and kind to yourself. As the shock subsides things will seem more manageable.

    3 months seems like forever now and they could throw it out sooner but it might be longer. There's no way of telling. Once you're in the system, you're at their mercy, but knowing that and being at peace with it will come and make it all easier to bear. Don't pin your hopes on any particular scenario - honestly, just going with the flow at this point is the best thing to do.

    As I said, the advice you've had already is spot on, so I won't repeat it, but will just say that I'm glad you've got support in the real world, and that there is support here for as long as you need it. Hang in there - the panic will subside in a while.
    'Mongolian Warriors had the courage of lions, the patience of hounds, the prudence of cranes, the long-sightedness of ravens, the wildness of wolves, the passion of fightingcocks, the keenness of cats, the fury of wild boars and the cunning of foxes.' BE A MONGOLIAN WARRIOR WHEN DEFENDING YOUR INNOCENCE!

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    Quote Originally Posted by Bob1234 View Post
    Hello all,

    I have stumbled on this forum this week after a traumatic weekend. I just want to say thank you to all first as I have read a lot of posts on this matter

    Spend 14 hours in the cell and my life is crashing before my eyes. I'm on bail and still have 12 weeks before any update ! Phone is taken off me etc.

    Is this 12 weeks normal? I can't even function at work and have booked to see a counsellor tomorrow. I have done nothing wrong here as there was consent. Any advice opinions will be great
    So sorry to see your post, but glad you found this forum, it is full of very useful help and sound advice and was a great help to me. You will still be feeling very raw, and as others have said the emotions you are feeling are perfectly normal under the circumstances. Seeing a counsellor is good. You will get through this but be prepared for both good and bad days. Unfortunately a 12 week wait (or even longer) seems to be the norm.

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    Hi All,

    just trying to get on with my life, and to be honest its quite hard. I have a couple of questions if that is okay? Hopefully someone can help me out who has/known someone in a similar situation..

    1) from what i have read there should be an officer in charge. Am i allowed to contact this person for an update on the case? i did message the legal aid provided and she simply said along the lines of "there won't be any update until closer to your bail date" which is still a couple of months away

    2) my case surrounds intoxication and consent. they are probably gathering evidence however i am nervously curious that do cases like this - my word against her's can they be NFA'd? or do they have to go to court?

    3) as it was after a night out and being in a bar before hand... what kind of evidence would they require to convict me

    as I've said before.. i am innocent and i cannot fathom being charged or even worse for a crime i have not committed

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    also i have left this all in the hands of the legal aid provided. however as they are gathering evidence is it worth getting my own solicitor. will they do anything different compared to the legal aid provided? is it worth it?

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    Dear Bob1234,

    I have found myself in a very very similar situation. Met a girl in a club and had sex, we were both intoxicated but I clearly stated we were both fully aware. It was also consented but the girl is saying it wasn't and has made claims I forced it. To top it off she has a boyfriend which she failed to mention to me at the club & before sex. They told me they will want to check the club cctv for reasons which I imagine will show evidence she was all over me and willingly took part in being intimate with me.

    I found work hard to cope too but you have to just get on with it, try and get out and reach out to a friend. My bail is 8 weeks I'm hoping to get an NFA notice before, hang in there brother your not alone in this one!

    I've already got the rumours flying around and my social life will soon crumble, even once proven innocent.

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    Youngscared,

    Thank you for your reply. And it's an unfortunate situation us both going through this. Maybe we can keep each other updated on proceedings as my bail is in 10 weeks.

    Have you made any contact with officer in charge? And have you kept the legal aid provided. It's awful how your name has been made in the public domain and I sincerely wish you all the best.

    Can anyone else help on the questions I posted above? Just for a bit of peace of mind. Please be a blunt as possible

    I am 25 and feel like my life is ruined

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    I was told the OIC may want me back in for further questions if any more evidence comes to light. Haven't had any further contact with my legal aid. I know the feeling I've just turnt 20 myself and will not be able to cope being labelled as something like this.

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    Theres nothing stopping you asking the officer in charge (OIC) for an update, but they probably won't have much to tell you until nearer your bail date. A solicitor can't do much for you before you are charged, but its as well to be prepared so if the duty solicitor you had isn't experienced in false sexual accusations, find one that is and have a chat with them so that you have someone you trust available to be act for you if you're charged.

    There are a lot of good solicitors recommended on this site, legal aid as well as private, on the 'stickied' thread. That said, don't be worried about getting charged at this point. Yes, its a possibility but it's not a foregone conclusion. Lots of people find that no further action (NFA) is taken.

    Write down everything you can think of relating to the accusation, keep it in a safe place and be prepared for a long wait. Try not to dwell too much on worst case scenarios if you can manage it. Nothing is guaranteed in these things and false accusations are much more common than most people think. Hang in there and there is much support here for you both.

    There's no way of telling - some cases that are based on consent get NFA'd and others go all thw way to court. Im sure others who have been through the process on those grounds will come in with some advice. Its so sad, in fact awful, that so many young men are being falsely accused in this way. It makes me ashamed of being female.

    Please be assured though that many, too many, young men have lived through this. You will too.
    Last edited by Franticwithworry; 12th February 2017 at 04:25 PM.
    'Mongolian Warriors had the courage of lions, the patience of hounds, the prudence of cranes, the long-sightedness of ravens, the wildness of wolves, the passion of fightingcocks, the keenness of cats, the fury of wild boars and the cunning of foxes.' BE A MONGOLIAN WARRIOR WHEN DEFENDING YOUR INNOCENCE!

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    Quote Originally Posted by Bob1234 View Post
    Hi All,

    just trying to get on with my life, and to be honest its quite hard. I have a couple of questions if that is okay? Hopefully someone can help me out who has/known someone in a similar situation..

    1) from what i have read there should be an officer in charge. Am i allowed to contact this person for an update on the case? i did message the legal aid provided and she simply said along the lines of "there won't be any update until closer to your bail date" which is still a couple of months away

    2) my case surrounds intoxication and consent. they are probably gathering evidence however i am nervously curious that do cases like this - my word against her's can they be NFA'd? or do they have to go to court?

    3) as it was after a night out and being in a bar before hand... what kind of evidence would they require to convict me

    as I've said before.. i am innocent and i cannot fathom being charged or even worse for a crime i have not committed
    I will echo the post from Franticwithworry, her advice is always excellent.

    1) FWW is right, the police are not likely to tell you very much except that the investigation is ongoing. Feel free to phone the OIC but never offer them any information. They are not your friends. I know you will want this resolved quickly but that's not the way it works sadly. Sounding out a solicitor for advice won't cost you anything but they won't be able to do anything at this stage except to act as an intermediary if you have any further evidence that could help prove your innocence.

    2) If you think about rape and sexual assault, particularly where consent is involved, it is a crime that usually takes place in private so the only evidence required will be her statement. Around 80% of cases are NFA'd and it is down to the "quality" of evidence rather than the amount of evidence. This will largely be down to the consistency in her account of events.

    There has been much work done by anti feminist groups like rape crisis and WAR to promote women as the weak victim preyed upon by evil men who get them so drunk they can't give consent. In this regard, she should have had a blood test to establish how drunk she was and this will obviously make a difference to how inconsistent she can be before they rule out her evidence as unreliable.

    3) Around 8% of reported rapes end up in a conviction. The odds are in your favour.

    Sit tight and keep posting for support and advice. I urge you to read FWW's post again and follow the link the CH's guide posted by YOH.

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    Hi guys,

    Thanks for the advice and support. When I was given aid at the station the person gave me advice took notes my side and he sat in whilst I was speaking to the officers. It turns out he isn't a lawyer or solicitor but a case worker. Is this normal? This person is working towards their qualification basically? Would I be in a better position for someone higher up? Can they do more for me or is it best to get my own at this stage and ignore the legal aid.

    I'm just wary that what if this person doesn't know the ropes and something an experienced person may do differently. But what can be done at this stage apart from gather eveidence ?

  18. #18
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    [QUOTE=Bob1234;68920]Hi guys,

    Thanks for the advice and support. When I was given aid at the station the person gave me advice took notes my side and he sat in whilst I was speaking to the officers. It turns out he isn't a lawyer or solicitor but a case worker. Is this normal? This person is working towards their qualification basically? Would I be in a better position for someone higher up? Can they do more for me or is it best to get my own at this stage and ignore the legal aid.

    I'm just wary that what if this person doesn't know the ropes and something an experienced person may do differently. But what can be done at this stage apart from gather eveidence ?[/QUOTE

    Case worker? Not a solicitor's clerk? Solicitor's do send trainees to take instructions from clients and sit in on interviews, but that's not necessarily in your best interests with an accusation as serious as this.

    Yes, you do need to be advised by someone with more experience. That said, this person might have enough experience to have advised you well at the time, who knows? That's the thing. However, what's done is done. It all depends how confident you feel in the firm who sent him. You could call them and ask; basically sound them out to see if you want to stay with them or change.

    No, there isn't much can be done at present but gather evidence, and then not a lot because without the witness statement you don't really know all there is to know about the accusation, but you need a solicitor familiar with and experienced in false accusations if this goes any further - and it is a big if. Don't forget that it's still a big possibility that this won't result in a charge or trial, and everything you do now has to be done thoroughly and properly but it's still 'just in case'. My own personal opinion, (and then with hindsight), is that you need an experienced expert right at the beginning with the interview, if you're going to have one at interview at all, but that's easier said than done, so don't worry about what happened now.

    The fact is that you don't need to stay with this firm if you don't want to. The interview advice is separate and doesn't bind you to them. There are lots of really good solicitors who work on legal aid and privately who can help you. Look for the stickies thread with recommendations on here and find one in your area. If there isn't one, post a request for suggestions as the list isn't exhaustive. Just let people know the general area you live in - say, the county, - and that will give a guideline.

    For now, it's less about evidence and more about remembering and writing down all you know about the accuser, the circumstances of the accusation and anything about the time you spent with her. Every detail counts, so write it down while it's fresh in your memory, keep it in a safe place, and hopefully you won't need it.
    'Mongolian Warriors had the courage of lions, the patience of hounds, the prudence of cranes, the long-sightedness of ravens, the wildness of wolves, the passion of fightingcocks, the keenness of cats, the fury of wild boars and the cunning of foxes.' BE A MONGOLIAN WARRIOR WHEN DEFENDING YOUR INNOCENCE!

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    Hi all,

    Thank you for your responses and advice. I am leaning towards getting my own solicitor even though a "case worker " was provided at the time and I haven't yet been charged (hopefully won't be) In hindsight I should have called someone at the time when I was in to arrange someone with experience however I was so affected at the time I didn't let anyone know and I took whatever help was on offer.

    I am from the West Midlands - do any of you have any recommendations for people/ firms who deal with these false allegations? I don't think much can be done at this stage as eveidence will be gathered currently, but am I right in thinking someone you hire will work more and find out more possible than a duty case worker? As they will be experienced can liase better and even prep items in case the worst happens

    The wait is the worst bit I wish this was all over and never happened really. It's a nightmare. I'm trying so hard to stay strong

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    Quote Originally Posted by Bob1234 View Post
    Hi all,

    Thank you for your responses and advice. I am leaning towards getting my own solicitor even though a "case worker " was provided at the time and I haven't yet been charged (hopefully won't be) In hindsight I should have called someone at the time when I was in to arrange someone with experience however I was so affected at the time I didn't let anyone know and I took whatever help was on offer.

    I am from the West Midlands - do any of you have any recommendations for people/ firms who deal with these false allegations? I don't think much can be done at this stage as eveidence will be gathered currently, but am I right in thinking someone you hire will work more and find out more possible than a duty case worker? As they will be experienced can liase better and even prep items in case the worst happens

    The wait is the worst bit I wish this was all over and never happened really. It's a nightmare. I'm trying so hard to stay strong

    I'm sorry to see that you're going through this Bob.


    I totally understand your inclination to seek out your own solicitor - it's one of the first things I thought of doing too.....But the fact is that a solicitor will gladly accept your case at this stage AND take your money, but can and will do very little for you at this point. They will (rightly, to be fair) see it as a 'waste of (their) time' trying to gather any evidence that may disprove the allegations - this is something that the most certainly WILL do though post-charge ... which we hope will never happen.


    The only thing a solicitor can do is send emails and/or make phone calls periodically to the OIC to see if there is any update as to whether there will be a charge. This is something you can do yourself or the legal rep who attended the interview can do for you.


    Your time however, will be very well spent gathering evidence yourself (texts, letters, emails, facebook posts, photos etc., etc.,) and making a clear timeline of the period in question so that if you ever need to defend yourself, it'll all be readily available. It is also well worth finding out which firm locally has experience in these types of cases - again, for IF you get charged rather than for now. There is a thread for 'Recommended Solicitors & Barristers' that may help you with this.


    In the meantime, I know just how frustrating and upsetting this period of time is - and sadly there's no one way to help deal with it that works for everyone.....What I will say is, do not deal with this alone - Make sure you confide in a good friend or family member and let them help you through this.


    Do keep posting, as you will hopefully find it helpful to do so.


    Best Wishes,


    TBG1

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    Quote Originally Posted by Bob1234 View Post
    Hi guys,

    Thanks for the advice and support. When I was given aid at the station the person gave me advice took notes my side and he sat in whilst I was speaking to the officers. It turns out he isn't a lawyer or solicitor but a case worker. Is this normal? This person is working towards their qualification basically? Would I be in a better position for someone higher up? Can they do more for me or is it best to get my own at this stage and ignore the legal aid.

    I'm just wary that what if this person doesn't know the ropes and something an experienced person may do differently. But what can be done at this stage apart from gather eveidence ?
    Providing that the person who attended is duty representative accredited then it doesn't matter about other qualifications.

    If this matter goes to charge, then you will need to find an experienced legal aid solicitor in your area or a private client solicitor who you trust. Which area would any potential trial be in?
    Chris Saltrese Solicitors - private client only: http://www.chrissaltrese.co.uk ~ Email: c.saltrese@cssolicitors.net ~ Telephone: 01704 535 512:

    Private forums for those maintaining innocence of HISTORIC sexual offences: http://www.pafaa.org.uk/wordpress/?page_id=729

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    It would be in the west midlands / Warwickshire area I believe ....

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    If this is to be legally aided contact http://www.glaisyers.co.uk/criminal-...h-astbury.aspx - it's Keith who you will need.



    If privately funded contact Chris Saltrese ~ telephone 01704 535 512: and/or http://www.chrissaltrese.co.uk/contact-us/ using the email link or the contact box. He works all over the UK and has an excellent record.
    Chris Saltrese Solicitors - private client only: http://www.chrissaltrese.co.uk ~ Email: c.saltrese@cssolicitors.net ~ Telephone: 01704 535 512:

    Private forums for those maintaining innocence of HISTORIC sexual offences: http://www.pafaa.org.uk/wordpress/?page_id=729

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    I heard the Cartwright King have a good team in that area. Might want to try them.

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    I've been doing a bit of reading to get some knowledge on the steps and what procedures are. Just to be sure do all cases go to the cps to make a decision, or can the police nfa?

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    Quote Originally Posted by Rights Fighter View Post
    If this is to be legally aided contact http://www.glaisyers.co.uk/criminal-...h-astbury.aspx - it's Keith who you will need.



    If privately funded contact Chris Saltrese ~ telephone 01704 535 512: and/or http://www.chrissaltrese.co.uk/contact-us/ using the email link or the contact box. He works all over the UK and has an excellent record.

    Hopefully It won't come down to it, but can you recommend any good solicitors/lawyer in Hampshire? Preferably legal aid. Thanks!

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    Quote Originally Posted by Bob1234 View Post
    I've been doing a bit of reading to get some knowledge on the steps and what procedures are. Just to be sure do all cases go to the cps to make a decision, or can the police nfa?
    Bit of a mystery that, it maybe depends on the seriousness of the potential charge and/or which police force you are dealing with. The police can NFA or charge without the cps but I think they got told not to. In all cases, a senior officer will make a decision first.

    You can phone the OIC and ask and they may tell you if the file has gone to the cps or they might just fob you off and say it has so they can blame the cps for the unbearable delay.

    According to this article, only 28% of recorded rapes were referred to the cps in 2014 :

    https://www.theguardian.com/uk-news/...ce-prosecutors

    But I have read elsewhere that the CPS make all charging decisions regarding sexual offences... If you find a definitive answer, let me know!

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    Thank you guys.

    Youngscared. How are you doing? Is there any development yourside?

    Bob

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    Quote Originally Posted by Bob1234 View Post
    Thank you guys.

    Youngscared. How are you doing? Is there any development yourside?

    Bob
    I'm not doing very well, I'm severely depressed and hate to say it feeling suicidal.
    I found a photo of the girl partying it up in a club less then 6 days after the the alleged rape, How can she claim to be some sort of victim suffering when she's out in town the next weekend partying at the same clubs I met her in. Anyone know of any good lawyers in hampshire specialised in these type of cases? My solicitor isn't responding to me I know there not being payed until something happens but I'm willing to pay them just for a small moment of my time.
    How are you coping bro

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    Have you been charged yet?

    This guy http://www.freemanssolicitors.net/si...file/paul_legg is based in London but does trials in the Hampshire area.

    What sort of advice are you looking for? You might get it here, without having to pay for it.
    Chris Saltrese Solicitors - private client only: http://www.chrissaltrese.co.uk ~ Email: c.saltrese@cssolicitors.net ~ Telephone: 01704 535 512:

    Private forums for those maintaining innocence of HISTORIC sexual offences: http://www.pafaa.org.uk/wordpress/?page_id=729

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