Over a year with no news - police called 2nite. Wrongly accused ex being charged 2moro. Shocked and very afraid

[DreadinThis]

Hi everyone.
My ex husband has been wrongly accused of oral rape. He was questioned over a year ago and told they would be in touch. 2 months later he called police and they were still investigating. Time passed with no news so we assumed that the whole matter was closed. Tonight he received a call from police saying CPS believe there is a case to answer. He will be charged 2moro at police station, then court in 4 weeks. Absolute horror! In the last few mins we have found a solicitor, but have no idea what to expect next. I am very concerned that he has no right to anonymity as we have lived in this area many years, raised our kids here etc. He also works on public transport so this could well affect his employment. Also he is emotionally very vulnerable. Have grave concerns for his mental and physical wellbeing. I feel so helpless and he is just a mess at the moment. Any advice at all would be so helpful. Thank you.

[Aidy]

Hello and welcome!
Sorry you have found yourself in this position, however you are at least in the right place for good advice!
I was charged last summer of historical abuse with absolutely no evidence apart from my accusers statement!
Easy to say in my position but I genuinely think the CPS are under a lot of pressure to charge as many people as they can!

Ok so unfortunately there is now nothing you can do apart from fight this false allegation!

I was petrified at the thought of my name being printed in the paper etc
In many ways there are that many of these cases, it is kind of a blessing and hopefully it shouldn't be printed!

You will receive plenty of great advice on here...
I wish you the best x

[Peter1975]

Hi,

I'm sorry to hear this. I sometimes wonder if the cps toss a coin to make their decisions.

The first thing is, don't panic.

It's not completely necessary to have a solicitor with you when charged (I didn't) but it will help to at least have a friendly face at the station, explain the court process from this point and hopefully give some reassurance that all is not lost.

The first appearance in magistrates court is a formality and the case will be referred to crown court,roughly 2-3 weeks minimum after the magistrate. This is where he will plead not guilty and a date set for trial, roughly 5-9 months after that (depending on the courts backlog).
I'm afraid there may be a reporter from the local rag in court, there is nothing you can do sadly but it is far from the norm for accused to be in the paper. Just be prepared.

So there is plenty of time yet to prepare for what lies ahead.

I will advise that you write a timeline and jot down everything your ex can remember about the false accuser and any reason for them holding a grudge. Small details can really help. If you have access to the FA's social media then spy on it and take screenshots.

Good luck. Keep posting.

[Franticwithworry]

First and foremost, welcome, even though none of us want to be here. I'm so sorry that you find yourself in this position, but you've come to a good place.

I'm glad you've found a solicitor, but a little concerned that s/he hasn't been able to reassure you in terms of what to expect next. Is the solicitor attending tomorrow? Are they from a firm with experience of false accusations? It's important that you have someone with experience of false accusations, not just sexual crime. There are recommendations on here for both private and legal aid solicitors if you decide you need another. We are still waiting for a decision, but I understand from others that the experience of being charged is emotional and traumatic in itself that may take a few days to recover from.

Please don't worry about that. There's time to let it happen. There will be a Magistrates Court hearing where your ex will enter his plea. That's a short hearing and basically a formality for the case to be moved up to the Crown Court. As I say, there's a little time to get your heads round this not-inconsiderable shock before the real work of preparing a defence need start.

Let your emotions stabilise over the next few days and you will find lots of support and information here. One thing I do suggest is that your ex meets with his solicitor with you or a friend accompanying - two sets of ears are better than one - and that he isn't afraid to go with a written list of questions and to take lots of notes. Brains don't work well when traumatised and need all the help they can get.

Please, don't panic, and pop in here often for advice and support. There's SO much information here.

[DreadinThis]

Thank you so much

Good morning guys.
Thank you all very much for your advice and kind words. Just spoken to my ex, and unsurprisingly he hasn't slept much. We are meeting with his solicitor 10mins before the police charge him. I have started a log of events leading up to the alleged incident. 3 weeks after the supposed 'oral rape' the alleged victim was quite happy to go to Rome with my ex and get engaged! And they were still having an active sex life. So how can CPS think there's a case. Still in shock. The alleged victim does have a degree of learning difficulties, and I have found out that a previous boyfriend was found guilty of sexual assault, possibly rape of her, and is still in prison. Would it be wise to try and find out more, or is that case 'done and dusted'? Once again I cannot thank you all enough for everything. 2 hours to go.....

[Staystrong1]

Hi sorry you have found the need to find the forum nut thankfully you have. Try and remain calm. Once charged he can build his defence. If he has evidence of the holiday and engagement, flight details, hotel room etc, pictures, mobile messages Facebook etc after the alleged event that will be very useful and details of the previous alleged assault again all useful,and will,help defence. Try not to panic, he can get through this. Stay strongx

[Rights Fighter]

It is soooo important to instruct the right solicitor, who will then instruct the right barrister. Which area will the trial be in?

[experience3]

Jurors don't work for the Police / CPS

Good morning guys.
Thank you all very much for your advice and kind words. Just spoken to my ex, and unsurprisingly he hasn't slept much. We are meeting with his solicitor 10mins before the police charge him. I have started a log of events leading up to the alleged incident. 3 weeks after the supposed 'oral rape' the alleged victim was quite happy to go to Rome with my ex and get engaged! And they were still having an active sex life. So how can CPS think there's a case. Still in shock. The alleged victim does have a degree of learning difficulties, and I have found out that a previous boyfriend was found guilty of sexual assault, possibly rape of her, and is still in prison. Would it be wise to try and find out more, or is that case 'done and dusted'? Once again I cannot thank you all enough for everything. 2 hours to go.....

One of the things that the Police and CPS find extremely frustrating about prosecuting these cases is that they "know" that there are certain "fallacy's" about rape that oftentimes jurors just don't "get".

One of these "fallacy's" is that "victims" do not have consensual sex with someone after they have been raped. Now, whilst it is indeed possible to come up with some convoluted theoretical reason why you would have sex with someone after you have been raped, equally jurors should ask this question.

"Going to Rome" is not entirely straightforward these days as you will appreciate, indeed to do so you inevitably have to walk past several lines of armed policemen all of whom would be only too happy to take down a statement about how you think you might imminently be raped.

You can now probably see why he has been charged. Of course the CPS know this is not relevant - but those "pesky" jurors - they just don't get it

GL with it.

[Lucky]

If you have a Solicitor, but still don't know what to expect next....change the Solicitor. They should keep you informed of these things.

If in London or near, go with Arcadian Law or Edwards Duthie who are both good firms in my opinion ( check my signature )

If elsewhere, let us know where, and you will get some good recommendations