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  • Advise Pleasee

    Hi i was wondering if anyone could help me.

    My partner is 19 and has been falsley accused of 'rape on a minor'. The accuser is his neice who said it took place when she was 11 (4 years ago) which would make my partner 15. His sister took care of him as she is alot older and his parents didnt want to know. He was regularly staying at his sisters house and slept in her sons room who was also 15.

    His neice was caught having underage sex with a boy at school and was questioned by the headmaster which is where all the allegations came to light. Her mother was informed and the school called the police. Her mother came and informed my partner of the allegations and we got a solicitor straight away.

    4 weeks after the allegation was made our solicitor contacted him and told him a date in which he was to be questioned at the police station. His statement matched his neices except she said he had done it and he said he didnt.

    The accusations state that he used to enter her room late at night and vaginally penetrate her. Her reason for not coming forward sooner was 'i didnt want to upset my mom'.

    He was released on bail without charge for 6 weeks with the only condition being no contact with the his sister and his neice.

    She is continuing her life like nothing has happened and im worried sick. Our first child is due in 2 weeks. this means if he comes on time my partner will only have 3 weeks with him until he is to answer bail.

    What are the reasons for bail and what happens next? ..

    They asked for access to his facebook account and that was it. the police officer concluded the interveiw with 'so are you confessing?' which resulted in my partner replying 'no i havent done anything so why should i confess'

    His ex partner and younger sister (psycho) have been trying to get him into trouble since i got pregnant. The reasoning they gave was 'im gonna do everything i can to get the baby took off you'. They have regular contact with the girl who made the accusation and spent the night with her the day before the accusation was made.

    Where does he stand? can they prosecute without evidence? ..

    sorry for rambling on im just panicing..

    he went to prison when he was 15 for common assault (school boy fight) for 6 months. will this be used against him?

    The police told him that he wasnt being kept in because he knew about the allegation and had 4 weeks without any police contact which proved he was capable of being bailed ..

    Please help my family is falling apart

    Cassie

  • #2
    Originally posted by CassiieMariie View Post


    What are the reasons for bail and what happens next? ..

    Where does he stand? can they prosecute without evidence? .

    he went to prison when he was 15 for common assault (school boy fight) for 6 months. will this be used against him?
    Hi Cassie & welcome to the forum though sorry that you needed to come on here. Well done for supporting your man, good to note how many partners are doing so.

    To answer your specific queries, unfortunately the CPS can, and wil, prosecute without specific evidence (they say that the 'word' of the accuser is their evidence!) their criteria is simply if they think that they will win a court case.

    In your partners instance the fact that he also was a minor at the time of the allegation will make a difference. He might still be prosecuted but in general the justice system is reluctant to get involved in a 'child-on-child' situation, unless of course, the accused is a persistant offender.

    Surely he wasn't sent to prison at 15, do you mean a Young Offenders Institution? In any case, as it wasn't a sexual offence it shouldn't be admissable.

    Bail is usually set to give the police more time to investigate the allegation and to discuss the evidence (or lack of) with the CPS. If you look at other posts on this forum you will read that it is not unusual for those in similar situations to be bailed several times over a period of some months before a decision on their case is made.

    Try not to worry too much, your health and the forthcoming birth are paramount at this time, but please keep posting if you feel like talking about it. Lots of members have been in your exact situation and will offer support.
    'What doesn't kill you makes you stronger'

    Comment


    • #3
      Hi Thankyou for replying ..

      yea sorry it was young offenders .. i wasnt sure if it was much different. Im scared to death because i dont want him to miss out on his son growing up etc. If he got prosecuted id be panicing about him being beaten up in prison because of what he has been sent down for and wether i should write to him or not because of upsetting him and wether he would be allowed home when his sentance is done to be with me and our son or wether he wouldnt be allowed around him.

      i know he didnt do it shes manipulative and nasty and i cant help but panic about him going down because they always believe the girl over the boy.

      What i dont understand is that even though he was 15 the reason for arrest was 'rape on a minor' ..

      i dont understand why its classed as that when he was a child too. he wasnt charged but was bailed for 6weeks ..

      we have not long moved into our place and i dont want to have to move if the neighbours find out and start causing us greif. weve just got settled and these 2 weeks are supposed to be so exciting and our happiest times. but they arent .. my familys falling apart and theres nothing i can do about it ..

      Hope your ok

      x

      Comment


      • #4
        I understand.

        Hi Cassie, I'm new here too and you will soon realise you are not alone, far from it. I wish Id come across this site much earlier in our battle. I will keep it brief and not go into details of our own probs, but similar situation. I know its hard hun, but dont let this over shadow a very special time on the birth of your baby(it seems as if thats what the people you mentioned would want)You will have plenty time in the future because in the worst case it will be a long time before he will be charged .My partner was bailed several times and the girl will still have to undergo a medical examination (even though historic rape)Whether this is always the case I dont know but I'm speaking from personal recent experience.Unfortunately there were two young girls who made these allegations about my partner but the same type of motive (family jealousy, money, etc)All I would say at this point is get yourself a notebook and copy any little piece of information or thought that you or anyone has, even the slightest little thing, write it straight down, its amazing how little things spring to mind at the strangest times. If he is charged make damn sure you get a good specialist solicitor , dont take their word how marvelous they are at winning these sorts of cases, its easy to be swept along . I hope to god it doesnt get that far and leaves you to enjoy your baby. Theres nothing you can do at the moment , you are bound to worry. Stay strong together and let us know what happens. you are not alone . take care xx

        Comment


        • #5
          I understand.

          Hi Cassie, I'm new here too and you will soon realise you are not alone, far from it. I wish Id come across this site much earlier in our battle. I will keep it brief and not go into details of our own probs, but similar situation. I know its hard hun, but dont let this over shadow a very special time on the birth of your baby(it seems as if thats what the people you mentioned would want)You will have plenty time in the future because in the worst case it will be a long time before he will be charged .My partner was bailed several times and the girl will still have to undergo a medical examination (even though historic rape)Whether this is always the case I dont know but I'm speaking from personal recent experience.Unfortunately there were two young girls who made these allegations about my partner but the same type of motive (family jealousy, money, etc)All I would say at this point is get yourself a notebook and copy any little piece of information or thought that you or anyone has, even the slightest little thing, write it straight down, its amazing how little things spring to mind at the strangest times. If he is charged make damn sure you get a good specialist solicitor , dont take their word how marvelous they are at winning these sorts of cases, its easy to be swept along . I hope to god it doesnt get that far and leaves you to enjoy your baby. Theres nothing you can do at the moment , you are bound to worry. Stay strong together and let us know what happens. you are not alone . take care xx

          Comment


          • #6
            Hi Cassie

            One thing at a time - he is unlikely to be beaten up in prison. It happens, but usually people on this sort of offence are separated from the rest and placed in VPUs (Vulnerable Person Unit) so that they're in with people for similar.

            Worry about what happens after sentence nearer the time.

            Comment


            • #7
              Hi Letty

              Thankyou for replying .. Im really sorry you are going through the same thing. how is it all now? ..

              it frustrates me that the CPS dont need any evidence at all to prosecute and that now a days your 'guilty until proven innocent' ..

              i feel sick every time i think about it. I forget about it for a while and then it just comes back. 6 weeks for it all to be hanging over us is horrible.

              and to know that it could still go to court without any evidence makes me feel worse. It sounds so stupid but iv got it planned in my head what to say to my son if hes older and asks where his dad is. the army.

              I shouldnt be thinking like that but i decided thinking the worse is better than me sitting in a court room expecting him to come home and finding out he cant if they mess him about.

              i just want my family back .. weve been through enough .. and to know the nasty spiteful girl wont get any punishment for lying .. It makes me sick to know how pathetic our justice system is.

              I hope your ok .. let me know how things go ..

              Take Care

              Cassie

              xxx

              Comment


              • #8
                Cassie
                As ls says "one step at a time ". You sound very much like I did and its normal to think all these things. You are thinking of all the bad that surrounds these cases but dont put yourself in a place you dont need to be right now. Cross that bridge if it ever happens.Its all your fears and emotions working overtime and no doubt your hormones will be making sure that they are at their peak with 2weeks left. Some how you will cope and get through it, you wont know how you have but you will look back and realise that you have. You will look at each other and wonder how you can laugh after all what has happened but believe me it will happen and I know Cassie because I have lived the nightmare. Spill your feelings out on here, theres no right or wrong way to feel , its not as if there are advice booklets in your local library telling you how to cope but youve made a good choice by coming on here for advice . xx

                Comment


                • #9
                  Hello

                  Hi, I'm going through all these mixed emotions now with my partner i know how u feel. he was on bail for MONTHS then got charged... i now look back and wish i hadnt worried for all them months and started to worrie now! cross the bridge when u come to it i know its hard

                  Regards DT

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