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  • falsely accused. need help

    hi all.
    I have just been accused of the rape of my sister-in-law who is 13. i am devastated to say the least and in total shock. my life has been turned upside down and shattered into bits. I have a wife and 2 children and all this is one big mess. i am currently on bail until next year. Her whole story is based on so many lies that her statement is falling apart and she has changed it three times already. I have spent 2 days in prison cells while statements were taken and so called evidence gathered. i have fully co-operated as i know that everything is lies. but now i have had to move away for my own safety and cannot see my wife (who is behind me 100%) and children.
    She has claimed to be pregnant but this has been dissmissed after the pregnancy test was negative and she has undergone a medical 3 days ago.
    so the question i have is:- when will she get the results from her medical and will her parents find out stright away.
    I ask this as surley when this is done and nothing comes back along with negative DNA i will RIGHTLY be cleared.
    PLEASE HELP>
    Thankyou

  • #2
    hi, sorry to hear you are going through this. i don't know much about the legal process so someone else will have to answer that side of things.
    lack of dna won't necessarily clear you as she could have said she had a bath/shower after. i have no idea how long the tests will take. depends on what tests are being done etc but as she is so young i suspect her parents will be the first ones to find out results of the medical.
    it may be that nothing comes of it as there is no evidence but because of her age i would guess the police will take it extremely seriously.
    i hope you have a good solicitor who is experienced in this area. look after yourself and make sure you have people who support you around to listen. looking after yourself is paramount as you will need to be strong to fight this.
    "I dreamt I went to the doctor's and she gave me eight minutes to live. I'd been sitting in the f**king waiting room half an hour." Sarah Kane (4.48 Psychosis)

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    • #3
      Thankyou for your reply its a release for me to talk to someone who is not connected in any way. I am strong and know 100% that all this will be sorted out as there is nothing at all in the allegations. i have a very loving and understanding family. My wife (whos own sister is accusing me) is behind me along with all my family and friends, i also have a lot of support from her family who have known me for 13 yrs.
      My solicitor is very good and has delt with my family for some years now. the only thing is that i am unsure what should or shouldn't be done by my solicitor. Now its just a waiting game.
      Thankyou.

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      • #4
        Is this right?

        just an update on how things are going for me.
        since been wrongly accused on the 16th i had to go live with my brother and his partner over 60 miles away. i was coping and getting by. i had agreed along with social services that i would keep to their guide which was to only have contact with my children when supervised and that i was not to stay under the same roof as them at all. I delt with this knowing it wouldnt be long for this mess to get sorted out. My solicitor had told me it was know just a waiting game. Then i got a call saying it was unsafe for me to be at that address. My family sorted it for me to leave stright away but it ment moving further away to my other brothers as this was the only family i had left were i couldnt b found. I phoned my solicitor and told him and he instructed me to phone social services which i did, all the said was that there were no reasons i couldnt move and it was up to me if i wanted to pass onto them my new address.
        So i moved the next day and phoned the social services with my new address. then we got an unannounced call at the door from the local services stating that i couldnt live here due to there being a child under 16 at the address. I was not told this before i moved and why is it they werent interested that much where i was but as soon as they knew they said i couldnt live their. It seems to me like the beleive that what they dont know wont hurt. I was also told that even when/if im cleared (WHICH I WILL BE) that services could be involved upto my kids reaching 16, my youngest is 3 and i could still be put on the sex offenders register for 2 years. I find this so wrong am i alone??????

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        • #5
          I've just checked and you can only be put on the sex offenders register if you are charged with it. If you are released without charge then you will not be added. Basically the police cannot add an someone that they have not charged.

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          • #6
            http://www.guardian.co.uk/society/20...ices.politics1

            http://www.opsi.gov.uk/acts/acts1997..._19970051_en_1

            just found these links which may be of interest. unless you are cautioned or convicted you cannot be on the register. hope that puts your mind at rest a little. now you just have to get through the accusation, without worrying you will be deemed a sex offender even if you are cleared.
            Last edited by friday; 27 November 2009, 05:13 AM.
            "I dreamt I went to the doctor's and she gave me eight minutes to live. I'd been sitting in the f**king waiting room half an hour." Sarah Kane (4.48 Psychosis)

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            • #7
              Thankyou friday for the information it has put my mind to rest if only a little.

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              • #8
                I think you have to be cautioned or convicted - being charged as far as I know does not allow somebody to be placed on the SOR although I stand to be corrected if we can find proof of that.

                http://www.guardian.co.uk/society/2006/jan/18/childrensservices.politics1 states:

                What is the sex offenders register?The sex offenders register contains the details of anyone convicted, cautioned or released from prison for sexual offence against children or adults since September 1997, when it was set up. The register, which is run by the police, is not retro-active, so does not include anyone convicted before 1997. There are around 29,000 people on the register in the UK.
                http://www.opsi.gov.uk/acts/acts1997/ukpga_19970051_en_1#pt1-l1g1 states:

                Part I Notification requirements for sex offenders

                1 Sex offenders subject to notification requirements

                (1) A person becomes subject to the notification requirements of this Part if, after the commencement of this Part—


                (a) he is convicted of a sexual offence to which this Part applies;


                (b) he is found not guilty of such an offence by reason of insanity, or to be under a disability and to have done the act charged against him in respect of such an offence; or


                (c) in England and Wales or Northern Ireland, he is cautioned by a constable in respect of such an offence which, at the time when the caution is given, he has admitted.


                (2) A person becomes subject to those requirements if, at that commencement—


                (a) he has been convicted of a sexual offence to which this Part applies but has not been dealt with in respect of the offence; or


                (b) he has been found not guilty of such an offence by reason of insanity, or to be under a disability and to have done the act charged against him in respect of such an offence, but has not been dealt with in respect of the finding.


                (3) A person becomes subject to those requirements if, at that commencement—


                (a) he is serving a sentence of imprisonment or a term of service detention, or is subject to a community order, in respect of a sexual offence to which this Part applies;


                (b) he is subject to supervision, having been released from prison after serving the whole or part of a sentence of imprisonment in respect of such an offence;


                (c) he is detained in a hospital, or is subject to a guardianship order, having been convicted of such an offence; or


                (d) he is detained in a hospital, having been found not guilty of such an offence by reason of insanity, or to be under a disability and to have done the act charged against him in respect of such an offence;


                and a person who would fall within paragraph (a), (c) or (d) above but for the fact that, at that commencement, he is unlawfully at large or absent without leave, on temporary release or leave of absence, or on bail pending an appeal, shall be treated as falling within that paragraph.
                People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

                PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

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                • #9
                  I have now been asured that when/if im cleared i will not be on the sex offenders list. Thanks
                  The latest is i have just been informed that a medical was taken from the supposed victim a week and half ago, i am now waiting to hear the results which i hope show no indication of sexual contact. forensics have also taken my bedding as this is where it was supposed to have taken place, but i know they will find nothing as it didnt. the only other thing is the police have my mobile phone and say they will retreive text messages from it which i hope they do as it will again show nothing.
                  so dose any1 know how long it takes to get back any information?
                  any help please xmas is coming up and i really want to be with my family.x

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                  • #10
                    update

                    HI
                    Ive not been on for a while as so much has been happening.
                    Let me start where i left off. I was bailed until 16th jan 2010 awaiting the rsults on forensic testing then on the 13th jan i got a call from the police saying i was going to be re-bailed on the 16th for a further 4 weeks as they had no sufficient evidence (they had her medical and supposed txt messages) back, so were waiting for forensics on the bedding she alledges this took place. I answered my bail on the 16th and was shocked when i got there to find the officer in charge had not turned up neither had he informed anyone else of my bail, so i had to sit and wait while they tried to contact him. An hour later i was infored that he was infact off duty and was not due in so i would be seen by another officer. I was taken to the desk and just told to sign a form with my bail conditions and that would be it until that date, i noticed the date for bail was 22nd march (10 weeks) i questioned this but the officer said she had no information for me and that the officer dealing with the case would call me.
                    I waited for the call but it never came so i called the police station myself and was shocked to hear the officer dealing with my case had infact left and was no longer working there, i asked for who was taking the case and was again told i would be called (still waiting) i phoned my solicitor who also had heard nothing. I am now back to waiting for the date of my bail and this nightare just keeps dragging on.

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                    • #11
                      update

                      Sorry ive lost my touch with this and sent my last post without finishing it ooops.
                      Alot more has happend since i answered my first bail.
                      I have settled in a new area with a social life, new friends, job and most of all my wife and 2 kids have moved to be with me (not in the same house) 5mins from where im living. i have got a lot of support and the longer this has gone on the more people are comming out to support me as her absured account of lies is starting to be exposed and her own family have since contacted me to pledge their support.
                      Im spending as much time as i can wth my wife and kids and loving every moment, but i cant wish the next weeks to fly be quick enough so we can be a "proper family".
                      Thasnks

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                      • #12
                        It's good to hear you are feeling more positive.
                        Her family members are contacting you to support you? you must give their contact details to your Sol and ask him to take statements from them. Do NOT ask the police to do this. That is very important.
                        I am glad your wife and kids are nearby, that must be a huge comfort.
                        Keep us posted on how you get on, and keep posting when/if you need to. Better out than in!

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                        • #13
                          What a mess, Viva. The good thing is there hasn't been any progress. It sounds like they have no evidence against you, which is good, because if they had you'd have known by now. If they're waiting for dna then it shows how little they have.
                          Keep your head up, don't think there's anything to worry about.
                          LS

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                          • #14
                            thanks to LIFESUCKS & SAFFRON.
                            I know its just a long hard process that keeps trying to pull me down but i wont let it, though its hard at time when i get low i know im gona get through it and i believe everything happens for a reason and that reason is to make me a stronger better person.

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                            • #15
                              Keep on, keeping on Viva.
                              And God promised men that good and obedient wives would be found in all corners of the world. Then made the world round .... and laughed and laughed and laughed ..

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