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  • Falsely accused by a family member.

    First off, I'd like to say I'm very happy that I was able to find a forum for false rape accusations, it really feels great to be able to vent and get some perspective. Also, this is occurring in Scotland, as I'm sure that changes some of the applicable laws. Apologies for the long post!

    A few days ago, my girlfriend and I received a visit from a couple of detectives who asked me to come to the station with them regarding a charge that was filed against me. Upon arriving at the station, I was informed that my younger sister (we're both in early to mid 20s) has filed a complaint stating that a year ago, I fondled and fingered her in her sleep at which point she woke up and stopped me. (Of course this accusation is not true).

    Now that I've read the "You've been falsely accused, now what?" sticky at the top I know I should have requested a solicitor at the interview with me, but instead I went with the "I have nothing to hide as I did nothing wrong, no solicitor needed" approach.

    What followed was an hour long interview where I had to outline the relationship my sister and I had - both before she moved out with her boyfriend 7 months ago, and the years of her living with me while she worked on her degree and I supported her financially. We were always on extremely good terms, both me and my girlfriend + her and her boyfriend went on numerous double dates, we invited each other over all the time, I helped her out financially on numerous occasions after she moved out. Basically, we had an extremely good brother/sister relationship this past year - a year after which I supposedly sexually assaulted her in her sleep. Naturally, I maintained my innocence during all this.

    We also went into some detail about my sister - on the downside, she's had numerous emotionally abusive relationships, she's suffered from bullemia(sp?) and depression, unable to hold down a job for more than a month, she's worked as a stripper and on at least one occasion (that I'm aware of) accepted payment for sex. On her upside, she's been in therapy + taking antidepressants, and she's a stellar academic - top of her class at a respected university, various internships during summer time, active in feminist groups, etc. As for character references, the detectives mentioned that they spoke to various people and both my sister and I received nothing but praise.

    After this hour-long interview, I was put into a cell for roughly two hours. Afterwards, I was called in for a part-two of the interview, which also lasted about an hour.

    During the second interview, one of the detectives was a bit more aggressive with the questioning (I figured it was just good cop / bad cop, so I kept my cool and answered everything calmly, honestly, and as clearly as I could). I was asked why would my sister bring up her supposed sexual assault with her counselor if it never happened. They also asked me if I had any birthmarks in my lower regions. I do have a birthmark in my pelvic region, which my sister would know about from us getting bathed together as children (I actually remember her teasing me about it when we were very young, but apparently this was brought forward as a bit of evidence for my accusation) which is what I told the detectives.

    At this point, the interview was coming to an end. The detectives put me back in the cell for about 5 minutes saying that they need to call their superior to see if there's anything else they need to ask me. 5 minutes later I was let out of my cell and let free. On a side note, I'm not from the UK originally, but I do intend to get my citizenship. During the interview I mentioned to the detectives that my sister might just be doing this as having a record will ruin my chances of citizenship. As I was being walked out the door, the interviewing detective mentioned that I shouldn't worry about my citizenship if the case gets NFA'd. (Which sounded like good news to me, but that "if" is bugging me somewhat).

    After my sister moved out last year, we kept in touch and arranged visits/double dates via email. I still have those emails, and one of the detectives requested I send them over, which I did. There's nothing in there but evidence of me and my sister being extremely friendly with each other, joking, helping each other out. All this in the aftermath of my supposed assault on her. I still have no idea why my sister would do something like this (we had no major fallouts in the past year, I thought we had a shining brother/sister relationship) and neither do the detectives. Which makes things quite difficult for me, as I can't really give them motive for my sister filing a false accusation. All I can think about now is perhaps it has something to do with her mental / depression issues? I'm no psychologist, however.

    Anyways, this is the story of the events from my perspective. I'm feeling really lost and betrayed, though luckily I have a loving girlfriend who's been extremely supportive through all this. So now we have the following:

    Sister with depression issues claims sexual assault a year ago. Over the course of this last year, we're on extremely good terms, nothing to indicate any sort of assault took place. Suddenly, sister cuts all communication and a month later I have a police interview. I did nothing to my sister, and have no idea why she would accuse me.

    Based on the events listed above, where does this go from here? I dont see how anything can be proven against me (I did nothing wrong, and i hope our great relationship this past year attests to that), and yet I can't explain to them why she would accuse me. Thank you for your replies in advance.

  • #2
    Hello & welcome to the forum (though sorry that you needed to find us)

    I note you have read the sticky, this of course was written with English procedures in mind. However we do have members who have experience of Scottish law and hopefully they will be along to offer some specific advice. (specifically regarding the requirement for corroboration of your sister's statement and whether this still applies)

    Speaking in general terms, don't beat yourself up about not requesting a solicitor, this is understandable, and from your writing style I guess you gave a good account of yourself.

    As you noted there can be no evidence remaining after one year to prove or disprove the allegation so it is word against word (hence the importance of the corroboration issue)

    I personally would be questioning why she did not report the 'incident' immediately it occurred; after all if she was 20ish and in a sexual relationship at the time, she could hardly be embarrassed or frightened into silence. It would be much more believable if she'd alleged it had happened 10 years ago rather than last year! Is financial compensation payable in Scotland and could this be a motive for her accusation?
    'What doesn't kill you makes you stronger'

    Comment


    • #3
      Hi and welcome to the forum.

      I'm presuming that this allegations came to light during a 'therapy' session then?
      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 ..

      Comment


      • #4
        Hi Lief, from reading what you wrote I can understand why you feel betrayed.
        Was there anything said or did anything happen before your sister cut communication?

        It's good you have the emails that prove you still had a good relationship, I would make copies for yourself and keep them safe.
        As for a motive, could it be financial? ( as CH brought up ) You mentioned you had helped her out with money before and even if the case goes no further compensation can be claimed or is there a reason she wouldn't want you to have citizenship?


        I can't say where it will go from here, normally a report is sent to the Procurator Fiscal, did the police mention that?
        Do your have a parent around that could speak to your sister?

        Sorry I seem to be asking so many questions!

        Comment


        • #5
          I note you have read the sticky, this of course was written with English procedures in mind. However we do have members who have experience of Scottish law and hopefully they will be along to offer some specific advice. (specifically regarding the requirement for corroboration of your sister's statement and whether this still applies)

          Sorry, just noticed that bit.

          They are trying to abolish corroboration, it will be voted on in the next few months.
          I don't know how much it exists anymore to be honest, not in Liefs case I should add but in cases where there has been sexual contact and it's one persons
          word against another.
          I have seen so many cases this year that a few years ago would have never been brought to court.

          Comment


          • #6
            Hi Lief, I'm sorry to have to welcome you.
            It sounds, as CH said, that you are articulate and intelligent so I reckon you will have sounded very credible in your interview.
            Do get a specialist solicitor on board. This is incredibly important.
            Great advice so far from members. I don't really have anything to add, but wanted to say welcome.

            Comment


            • #7
              Originally posted by Izzy View Post
              Hi Lief, from reading what you wrote I can understand why you feel betrayed.
              Was there anything said or did anything happen before your sister cut communication?

              It's good you have the emails that prove you still had a good relationship, I would make copies for yourself and keep them safe.
              As for a motive, could it be financial? ( as CH brought up ) You mentioned you had helped her out with money before and even if the case goes no further compensation can be claimed or is there a reason she wouldn't want you to have citizenship?


              I can't say where it will go from here, normally a report is sent to the Procurator Fiscal, did the police mention that?
              Do your have a parent around that could speak to your sister?

              Sorry I seem to be asking so many questions!
              Hello Izzy,

              Now that I think of it, it could very well be financial - she has very recently broken up with her latest boyfriend (for the 4th time that I'm aware of) and moved out. I have spoken to my mother recently - she keeps in touch with both of us and is currently living within the EU, not in the UK, however. She has mentioned that my sister is currently moving into student accommodation and is having trouble meeting the costs. Apparently my mother has paid for most of it, but there is still some costs outstanding. Now, my sister has not approached me on the subject (absolutely no contact for a few months now), but I suppose that might happen at some point.

              As for one of the parents speaking to my sister about this - my sister has cut all ties with my father (at exactly the same time she has cut all ties with me, now that I think about it), and my mother does not wish to take sides in this fiasco. And no, the police did not mention anything about Procurator Fiscal. As least as far as I can remember, I was in a bit of a shock that morning.

              Comment


              • #8
                Originally posted by RFLH View Post
                Hi and welcome to the forum.

                I'm presuming that this allegations came to light during a 'therapy' session then?
                Yes, apparently my sister brought this up during a therapy session quite a few months ago. She is now bringing the police into this because she feels it's her duty to make sure I "never hurt anyone again". I'm quoting from what the police have told me, of course - my sister has never actually spoken to me about anything of the sort.

                That's something that's been one of the hardest things to digest and I think it's a large part of where the feeling of betrayal is coming from - if she has been claiming this in her therapy sessions for so many months, she was basically lying straight to mine and my girlfriend's face every time she'd come over for dinner, go out on double-dates with us, come home looking for emotional/financial support, or a shoulder to cry on.

                Comment


                • #9
                  I've been mulling over your sister's actions. When you mentioned she had been in therapy recently I am wondering if she has been seeing an accredited counsellor or something more "out there". I read a book a couple of years ago called: My Lie: A true story of false memory. It is by Meredith Maran and she falsely accused a family member after therapy during which she was encouraged to recover memories. These are often false memories which are developed at times of great torment. This was a major scandal in the early nineties but some "therapists" still use "recovered memory" practices which is the main instigator of False Memory Syndrome.
                  Just a thought
                  Jen
                  False Accusers Beware: You have chosen to dine at the Karma Cafe. There is no menu: you will just get what you deserve.

                  Comment


                  • #10
                    if you are applying for citizenship - then is your sister doing that too? An allegation of rape would give her victim status and could enhance her chances...... just a thought.....
                    People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

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

                    Comment


                    • #11
                      Thanks everyone for the advice so far. In the "what happens now" sticky, there is the following line:

                      Your legal team
                      Bear in mind, unless you are prepared to pay privately for advice, it is not fair to involve a solicitor at this stage as they would be effectively working for nothing.


                      Is this correct and I should wait until I either get NFA'd or charged to involve a solicitor? Or should I contact one now? This is bearing in mind that I can't really afford to pay one on a private basis.

                      Thanks in advance.

                      Comment


                      • #12
                        I'm not sure how the legal aid system works in Scotland (hopefully better than it does here!) but maybe Izzy or Lawlessone may be along later to help out, so once again I can only answer from the English viewpoint.

                        If a solicitor sits in on an interview at the police station, they can claim remuneration from the LSC for this: also if the DP is subsequently charged they can then claim for representing them in court; it's the bit inbetween where a solicitor cannot claim for any time spent on the case.

                        In a sexual assault case of dubious merit this period of time may be many months and if, happily for the DP, the outcome is a NFA, the LSC will not accept any claim for any time spent in research or advising the client.

                        Having said all this there are many solicitors who are happy and willing to go the extra mile even if this doesn't result in a case and there is a sticky on the forum where members have made recommendations (though these are mostly located south of the border!)

                        Basically, if need be, a legal aid claim will be made by your solicitor on your behalf so Saffron's advice about researching someone who specialises in defending false sexual accusations is very pertinent.
                        Last edited by Casehardened; 9 September 2012, 06:20 AM.
                        'What doesn't kill you makes you stronger'

                        Comment


                        • #13
                          I think it's the same in Scotland. We took legal advise soon after and it was a bit of a waste of time to be honest. Solicitor never billed us for it and has shown no interest since.
                          It does seem to be harder here to find someone who specialises.

                          Sorry not to be more helpful.

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                          • #14
                            Quick update - got NFA'd today. Thanks everyone for the support.

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                            • #15
                              that is brilliant news - thank you for letting us know.

                              Be aware you're emotions will be all over the place - that's 'normal'!

                              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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