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**myhome** · 5 February 2013, 06:50 PM

Hi Jeena and welcome to the forum, but sorry you had to find us. Sadly your husband isn't the first taxi driver to have been falsely accused for that reason. However take heart that a couple of weeks ago a FA was sent to prison for 2 years for crying rape when it wasn't. You will get lots of help and advice and support on here. Your husband will be going through all sorts of horrid emotions right now - some he didn't even know he had and the whole process is a nightmare of a rollercoaster. Whe I was first FA I thought I was the only one, but having found this forum I have come to realise there are hundreds and that false accusations are a lot more common than anyone realises.
It would probably be helpful to both of you to read several of the threads on here - keep strong and keep reading/posting...

**whatsgoingon?** · 5 February 2013, 06:51 PM

Hi Jeena, I'm very sorry you find yourself on this forum at such a difficult time but welcome. You'll get plenty of help and support on here, what one member can't answer another normally does.
Has your husband got a solicitor? Did he have a duty solicitor? If not he will need to get one who specialises in sexual cases. If he is due at the Magistrates Court on the 18th you need to get someone to represent him . He should never have any dealings with the police without a solicitor.
You might find a solicitor for the area you live in under 'Sticky' Specialised solicitors. Alternatively if you cn give your general area someone might be able to recommend one.

**jeena** · 5 February 2013, 07:17 PM

hi thank u so much for the reply. My husband got a solicitor who arranged by the police for legal aid. Only thing i dont know how good he will be to support us really. For us this is so complicated as his mum is so ill and we never had any police case or not been to the court before. Do anyone know will he able to go back to his parents even the trial goes on. Am sure if any evidence againist him they would have locked him up by now. By the way we are in cardiff.

**whatsgoingon?** · 5 February 2013, 07:54 PM

I really feel for you, this must be such a difficult time for you and your husband. Whether he'll be able to visit his mum (abroad?) will depend on his bail conditions. Very often it's something like not having any contact with th alleged victim. In this case, so long as he returns to the police station at each bail date( or court hearing), travelling shouldn't be a problem but this is something you need to check with the solicitor. He should also let it be known via his solicitor that his mother is so ill - if he can get a doctor's certificate that would be a good thing.

I think that the first thing is to find out if the solicitor he has has got experiece in sexual cases. You can look him up on the internet to see what sort of cases he deals with.
It' also worth going on the Sticky 'Specialist solicitors' thread and posting whether anyone knows of a specialist solicitor in or near Cardiff .
http://www.daftmoo.org.uk/mooforum/s...list+solicitor

Keep strong.

**Crazy Story** · 5 February 2013, 10:50 PM

Originally posted by jeena View Post

my husband is falsely accused for sexually touching a women and been taken by the police back in september and bailed since. He is basically a taxi driver and this women didnt have enough money to pay him and complained to the police. We booked to go for a holiday to see our parents in october and police were happy with that. While we were there our life gone upside down when his mum been diagnosed with terminal cancer stage 4. We informed the station above and they were fine with that and said when ever he come back report to the station. I was getting so stressed about this case and nagged him to come back and sort this out. So he is back now and report to the station and thinking this will resolve in the police station and can go back to his parents in few weeks time as his mum is going under chemotherapy. The case is in the magistrate court for 18th of this month. Can any one tell me what will happen now? My hubby is so stressed and cant even think straight or talk to me properly. He keep saying that he havnt done anything wrong and we got legal aid and do we need to arrange private lawyer? its very difficult to carry on with normal life as we are going through such a tough time . why innocent people get the blame like this?

Hi there, sorry to hear about the hell you're going through. I recently had a rape allegation made against me 4 weeks ago and am still on bail. I am fortunate that my case will probably get thrown out due to lot's of counter evidence. Nevertheless I still used private lawyers as soon as I entered the police station. If you can afford them then I would get them on the case as soon as possible. They don't cost as much as civil lawyers. Mine are top notch and costing between £200-300/hr, depending on who's doing the work, but mostly £200. (As opposed to the £500 per hour that civil lawyers charge). I believe you can claim some of it back if proved innocent or if the case is dropped - at legal aid rates. It might even be worth just seeing some private lawyers for an initial chat and a second opinion about the case. If you were on a budget then they might be able to help with a particular aspect of it, you could instruct private lawyers not to be the official acting lawyers but just help you gather evidence, do searches on the person making the claims etc (have they done this before?) or prepare an alternative arguement etc which they/you can pass on to the other lawyers. I think that would be a good option if you're worried about the defense.

**Casehardened** · 6 February 2013, 02:24 AM

Originally posted by Crazy Story View Post

I believe you can claim some of it back if proved innocent or if the case is dropped - at legal aid rates. It might even be worth just seeing some private lawyers for an initial chat and a second opinion about the case. If you were on a budget then they might be able to help with a particular aspect of it, you could instruct private lawyers not to be the official acting lawyers but just help you gather evidence, do searches on the person making the claims etc (have they done this before?) or prepare an alternative arguement etc which they/you can pass on to the other lawyers. I think that would be a good option if you're worried about the defense.

I completely agree with your thoughts regarding consulting solicitors privately but the rules regarding legal aid changed in August 2012, prior to this you would have been correct.

Basically if eligible for legal aid you may be required to make a contribution towards defence costs and if the case is dropped or you are acquitted these contributions are refunded.

If you fund your case privately your costs cannot be reclaimed.

These changes have been made, surprise, surprise, to reduce the cost of legal aid.

I regret that I can't presently find a link to confirm this.

EDIT to add link; section 3.5

http://www.lawsociety.org.uk/advice/...-costs-orders/

**Casehardened** · 6 February 2013, 02:36 AM

Jeena, I've moved your thread into a more appropriate section as more members may see it in here.

**just married** · 6 February 2013, 07:41 AM

So sorry to hear about this, Jeena. Welcome to the forum.

You're already receiving some excellent support and advice.
You will realize at least, that you are not alone, and false allegations are rife.

Once an allegation is made, the police are obliged to follow it up..
Very disturbing that a man who's job is to provide a service can be taken advantage of in this despicable way.

I assume you've already read the sticky thread at the top of the forum.. 'You've been falsely accused, what happens now?
http://www.daftmoo.org.uk/mooforum/s...at-happens-now

Thoughts and prayers to you all

Keep posting, tell us what's happening, and experienced members can help

It's the system that's at fault....

JM

**just married** · 6 February 2013, 10:55 AM

Jeena, presumably he has been charged with an offence?...

sexual touching/ through clothing ?

It's possible that a hearing at a magistrate's court may be just to confirm identity.
I think it is necessary to consult with your solicitor as a matter of urgency to see what to expect at court.

I'm sure other more experienced members will be able to advise further.

JM

**jeena** · 6 February 2013, 12:57 PM

thank u all and it all been very helpful. i had a chat with the solicitor yesterday and he said to wait till the 18th to see what happens? Eventhough we know that he is innocent, the main thing is he need to go back to his parents and what can be done for this. Will the court allow him to go back in the mean time. Will there be any restrictions? Once we know whats happening with his mum it will be easier for him to handle. For now its like problem from all the sides and and he have such an emotional trauma. Back till september we had such a normal happy life. now i feel like we are dying every day. i cant even concentrate looking after my children. Only i know one thing is God is great he can do miracles. When we are helpless and all the door shut he will open a door for us!

**jeena** · 6 February 2013, 03:56 PM

thank u so much

**just married** · 7 February 2013, 05:31 AM

sorry, jeena, I previously missed the 'falsely accused of sexual assault' title at the top of the thread.

Surely the solicitor will have some idea as to what to expect?..... Have they told the court about your mother in law's dependence now on your husband?

I'm so sorry that this is all happening to you at once.... with your children, and your mother in law.... and him too. Stay strong and believe in the truth... You need to be sure that you look after you, too. Especially now more than ever when it seems everybody is relying on you. You are the heroine here... keep on keeping on...
I hope this nightmare is resolved. Thoughts and prayers with you.
take care....

I hope an experienced forum member with knowledge of magistrates court proceedings might be able to comment soon... Court date on the 18th this month.......

**Casehardened** · 7 February 2013, 06:18 AM

Originally posted by just married View Post

I hope an experienced forum member with knowledge of magistrates court proceedings might be able to comment soon... Court date on the 18th this month.......

JM,

By no means do I claim to be experienced but Jeena has not given enough detail to be able to advise but:

if the sexual assault is not serious i.e. alleged touching of an adult over clothing, then it will be triable in the Magistrates (and if found guilty attract a lower sentence than CC, possibly a community order)

**jeena** · 7 February 2013, 01:36 PM

this women has given him 5 pounds in advance and the run was around 10 pounds and told him the rest of amount will pay by her mother. when they were nearly there she tried to get out of the car and he have to do an emergency stop. In that situation he dont remember if he hold on to her cot as he thought she will jump before he stop. she got out and there was another car was coming behind and she was talking to that person and that car followed him for a while. the stupid thing my hubby didnt do it is he didnt informed the police. she told to the police she lost 10 pounds in the car and her key etc. she accused him for touching her and that touch was sexual thats what says in the charge sheet. the next day when the police taken him they took the car also and they coulnt find anything as she said. Anyways my thoughts and prayer is with all the innocent people out there who is going through the emotional trauma like we do. i will pray for each of you. i believe if i pray for others our problems will sort out sooner.

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