No comment interview

[Waitingpatiently]

Hi guys

I hope you’re all well

I’ve been reading up on some of the other threads and it’s disheartening to see some of the stuff being written.

My story is pretty similar to most, I was arrested but not charged with release on bail. Only for bail to be dropped 28 days later

it’s been a year now and there’s no update. I keep overthinking

I know that the intimacy was consensual - at all times.

but I gave a no comment interview as advised by my solicitor on account of no evidence shown by the police to suggest non consensual sex. But now I’m absolutely worried sick by the thought of them inferring guilt from my no comment interview - being given the chance to give my side but having to chosen to give no comment

I looked at other articles and they say it’s good to give a no comment interview as you don’t give the police anything.

I don’t know what to think. I’ve got plenty of evidence to prove consensual sex. Texts and social media messages. It was an extremely bad break up. But even in those texts there’s nothing to suggest that she was raped.

I’m so angry

[Waitingpatiently]

Also just to add - I’ve NOT been charged with any offence

[Peter1975]

Welcome to DM WP, although I am sorry that you find yourself here.

It's best to be wary of any general legal advice offered on the internet. You have had case specific advice and there is little point in questioning it at this stage, unless you want to worry yourself unnecessarily.

The vast majority of these cases - over 80% - will go no further than the investigation stage but should you be charged, which your solicitor appears to have deemed unlikely, you have evidence in your favour.

Unfortunately, the police often seem to move at a snail's pace and there is no remedy for this, although you could press your solicitor or the police for an update on the investigation if you wish.

Otherwise, I would say that no news is simply no news and you shouldn't read anything into it.

Keep your head up.

[Waitingpatiently]

Thank you.

It’s the waiting that’s really having a detrimental affect to my mental health. I know the stats are in my favour but all you see in the news is people are being charged etc. Also, with new guidelines that the CPS are putting out it’s almost as if they want to charge every case despite the evidence not being there whatsoever. I’m afraid there are going to be more Liam Allan’s simply because of wanting improve the numbers.

I know courts and police are prioritising the most serious cases at the moment due to Covid. But my solicitor said my case is not a serious case so it’s not at the top of their priorities. But it’s an allegation of rape so why are they not coming to a swift conclusion is beyond me.

This probably seems like a silly question.. but how long can I expect this to go on for? I’ve read that it can vary

[Peter1975]

I did see that the CPS has published new interim guidance and a consultation but haven't got around to reading it yet.. I don't imagine there will be anything too objectionable on the face of it but the problem will arise, as it always does, in how it will be interpreted by the individuals responsible for investigations and charging decisions in the CJS. I don't expect to see a vast change in the percentage of decisions to charge, there never has been in the past and there certainly won't be a sudden desire to charge every case.

It's not a silly question but I can't give you any answer I'm afraid. Some cases have been disposed of within days, the pre covid average was around 6-9 months but there have been several, generally historical cases I can recall that took 2-3 years for a charging decision, the record was closer to 4 years - disgusting I know. These long delays perhaps help explain the drop in the charging rates. Hopefully yours won't be too far away now. The police may be helpful and give you an update if you ask nicely but they are not always obliging.

All I can advise is that you concentrate on keeping healthy and active, Staying busy helps keep dark thoughts at bay as does spending time with friends and family if possible.

It may be an idea to stop reading the news so much too!

Keep cool.