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37 years ago

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  • 37 years ago

    o it's 1981 and I was 13, she was a couple of weeks off 13 - she wanted to be my girlfriend and said she's have sex with me if I went out with her. She came over - another friend of ours (male) was in the living room - we went into the bedroom and had sex - wouldn't say anyone's earth moved - my first time - probably hers too - but very consensual. Needless to say i didn't go out with her though we parted on fine terms.

    Fast forwards to Sept 2018 - 2 coppers ring my doorbell on a sunday morning and give me a scrap of paper asking me to call DC XXX - I'd just had my Rangey nicked and wondered if it was news - no such luck - apparently this girl has made a FA of rape. Please can we have a chat to get your side she says. I jump on a train to the other end of the country a week later and meet my solicitor outside the police station.

    Virtually no details given before I'm questioned. I give my side and the DC then reads a statement from the girl:

    "we've gone into the bedroom all is fine, undressed, all fine then at the point i'm putting a condom on she starts creaming - our friend comes in and holds her down (why the heck that would be your fisrst action is beyond me) - i get on top and have sex - no mention of whether he hangs around to watch etc...."

    I deny all. The other chap is also interviewed and gives a totally consistent account to mine - I had not told him what was alleged so his shock was real!!

    4 months later still waiting for a decision from CPS - made representations to CPS particularly re the irrebuttable presumption of an under 14 year old being incapable of rape and doli incapex.

    Hopeful that with zero evidence, a corroborated account from the oher chap and the fact that the most i can be charged with is indecent assault, this will be a NFA.

    That said this has devastated my faith in humanity, made me cynical as hell, distrust the police etc. Oddly one positive is that friends who I've told and my wife have been incredibly supportive and actually brought us closer.

    Just thought I'd share - scary these things can come back from so long ago - I have no idea of motive - all i can assume is that if i'm charged i'm going to get a call asking for money for "therapy" and this will all go away....

    Thoughts from anyone would be appreciated?

  • #2
    Hello and welcome to the forum (but of course sorry to read of the reasons that brought you here)

    It is interesting to surmise that as you can recall the details of that first consensual* sexual encounter very well so undoubtedly can she (memory is a strange beast; e.g. I can vividly recall an occasion when I was 14 which might have led to something similar except I was too shy/innocent to make a move)

    However this doesn't explain why now, after all these years, she has alleged it was non-consensual though as you mentioned, if upheld, compensation could be forthcoming (though from the taxpayer, not yourself!) Alternatively she may still harbour regrets that losing her virginity did not lead to everlasting love?

    *Technically, as she was under the age of consent, rape does not need to be proved; but similarly the principle of doli incapax means the allegation can be rebutted; my personal opinion, for what that is worth, is that the CPS will (eventually) decide that there is a (considerably) less than 51% of a successful prosecution so she will get the money and you will be left with the bitter fallout from the investigations.
    'What doesn't kill you makes you stronger'

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    • #3
      NFA'ed

      I know I should not have worried as much as I did but the number of stories of charges being brought on zero evidence had me concerned. Nevertheless my solicitor received an email from the CPS confirming no further action.

      Can't believe that a 20 minute interview and a 6 months wait results in just 2 lines from the CPS but at least it's over.

      Whilst all cases are of course different I think the representations from my solicitor to the CPS were helpful in getting them to come to the right conclusion - particularly the difficulties in prosecuting such an old case, doli incapex, sexual incapacity, etc.

      Good luck to all of the rest of you out there still struggling.

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      • #4
        It's impossible not to worry but I'm so glad that you got the right conclusion. I hope that you can put this behind you now.

        It's lovely to break out the bananas -
        '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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        • #5
          I like to post bananas. Congrats on you win.

          Pond31

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          • #6
            Congratulations on getting the correct decision made! Now you can continue with your life and proceed forward all the best and well wishes !!!

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            • #7
              Always good to be able to dock and unload the banana boat....great news!
              'What doesn't kill you makes you stronger'

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              • #8
                [Unknown_Person's post moved to his own thread for continuity]
                'What doesn't kill you makes you stronger'

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