Advice please about the hell im in!

[Rik]

Hi all

On a very cold dark night in March 2013 I was accused of rape. I volunteered a day later after the police visited my parent's house.

After 1 police interview and then another one 2 months later I was not charged. 4 months later the cps are trying the charge of "touch without permission".

In summary

The evidence appears to be the victim 'I was told' pointed me out in a line up.
There were bits of a kebab near where the victim lives. No DNA or proof provided. It is just a claim.
I was told that a takaway guy [when shown my picture possibly several weeks later] alleges he saw me that night in town and orderd a kebab. There is an alleged receipt but if there was its does not specifiy what was ordered on the til role. The takeaway guy not named or described my clothes etc or witness statement read.
A neighbour claims they thought they heard and saw something. No names given or witness statement read.
There are 2 varying descriptions by the victim and neighbour. One being a dark african man medium build and the neighbour claims a possibly white man slim build.
There is no DNA and clothing I was wearing was not wanted or taken.
CCTV of a person alleded to be me walking home on my own is very very poor.
I had no scratches or injuires.
The victim claims her haor was pulled.
She claims she was sober after 4 drinks even she walked home in the early hours in the morning on her own from a night club.

After being charged I appeared at the Magistrate Court where my specialist solicitor said we would not make any plea because we were not given any evidence. Now some of the information mentioned in the Magistrates Court varies to the Police's original evidence. The allegation has turn into assualt, the victim's clothing has changed to make her skimpy dressed and so has the location where she was.

This is all new to me and I had a clear record unti now.
I have a plea hearing in 3 months in the Crown Court


Does anyone have any views because this is hell!

[sparks]

Hi Rik, am I right in saying you already posted on here previously,I might be wrong but the story is familiar,

[Rik]

Hi Rik, am I right in saying you already posted on here previously,I might be wrong but the story is familiar,

Hi yes. Havent logged in for ages and can no longer find old links.

Just thought a new and present update would keep things neat.

[Casehardened]

Hi yes. Havent logged in for ages and can no longer find old links.

Just thought a new and present update would keep things neat.

If anyone wishes to read Rik's original threads I have included the link below:

http://www.daftmoo.org.uk/mooforum/s...ort-that-s-all

The CPS and/or 'victim' seem to have had a remarkable change of heart: from 'attempted rape' to 'touching without permission'; should it get to court your barrister should run rings round the prosecution!

[Rik]

Letter

Hi Thanks for the reply.

I received a letter from the Police stating that I can have my items that were seized with warrants [i.e. media, memory cards, clothes, computer, etc].
We have not even had disclosure from the cps or the plea hearing yet.

I dont know what to make of this.


Any views?

[breakmyheart]

seized goods

Hi Thanks for the reply.

I received a letter from the Police stating that I can have my items that were seized with warrants [i.e. media, memory cards, clothes, computer, etc].
We have not even had disclosure from the cps or the plea hearing yet.

I dont know what to make of this.


Any views?

Hi Rik ,

This would seem like good news for you.
It usually indicates that there is no evidence found on these items and time to return. I believe it to be typical practise that if there were evidence then the police would retain the items to present as part of there prosecution.

Have the police given any explanation as to why they are being returned ? im sure they wont mind having a chat about that .

I cant comment on the future with your coming events but wish you luck for the right outcome,
regards b.m/h

[Rights Fighter]

Rik,

You said on another thread that your solicitor is a good one. What is he or she doing about this?

I am rather surprised that the charge has changed from attempted rape to one of sexual touch ("touching without permission" is not actually a criminal offence but "sexual touching" or "indecent assault" is).

That would make for some interesting cross-examination on the part of the complainant and the OIC as to what made them change their minds. There is a world of difference between sexual touch and attempted rape.

[Rik]

Just an update

Hi

Thank you for your repies.

We still have not had disclosure. All we have so far is a case summary that I followed a female.
The police have distorted and lied about the police interviews about what I said.
The police said I confirmed I bought doner meat and I confirmed that I was the person in the CCTV walking home!
I never said I "confirm" it is me and that I "went into a takeaway" and bought food.
The solicitor said it is alleged that the takeaway guy said he picked me in a line up that I was in his takeaway that night but we still have no evidence or statement of this.
The girl who said she saw me in the bar where she worked was fired from her job a 6 weeks ago after it was discovered she was involved [I think] as a witness. The solicitor said this is significant and will research her background. That girl does do alot of weed, drink and other drugs.


Any views?

[is there justice?]

Hi Rik

Our trial may go ahead on Monday if adjournment not agreed. We had disclosure from CPS on 31st Aug but still nothing about the alleged exhibits, two working days to go now.
The team is pressing for an adjournment as we have not had fair time to prepare but also because there is interest in the background of a witness/witnesses. At the plea hearing the CPS gave an undertaking that everything would be disclosed 4 weeks before trial and they have had 6 months to comply. It's a farce.

I see from FA and friend's statements that plod put a lot of words into the statement themselves. I know this because I recognise key phrases that they tried to get me to sign up to last year when I was on the other side of the coin. I actually asked them to alter the wording because I am only ever going in to Court with the truth in plain and simple terms.

Your team will hopefully examine everything in minute detail. Ours were slow to start but they have improved.

Keep your chin up

[breakmyheart]

statements

Hi

Thank you for your repies.

We still have not had disclosure. All we have so far is a case summary that I followed a female.
The police have distorted and lied about the police interviews about what I said.
The police said I confirmed I bought doner meat and I confirmed that I was the person in the CCTV walking home!
I never said I "confirm" it is me and that I "went into a takeaway" and bought food.
The solicitor said it is alleged that the takeaway guy said he picked me in a line up that I was in his takeaway that night but we still have no evidence or statement of this.
The girl who said she saw me in the bar where she worked was fired from her job a 6 weeks ago after it was discovered she was involved [I think] as a witness. The solicitor said this is significant and will research her background. That girl does do alot of weed, drink and other drugs.


Any views?

Hi Rik,

Pleased to see that you seem to be in high spirits at the moment.

It is my view that police wording is all so often twisted to that of the questions and answers that really occurred.
Most sex offences are videod and will clearly identify the approach and tactics used as well as your replies, comments and your legal team will soon pick up on the reality and should you face court im certain this will be of consequence to be used by your team .

Hopefully this will be identified and unravelled by the cps and they come to the correct decision.

Reading your threads indicates no end of wishy washy allegations and tries to pin point you by a piece of kebab meat in someones front garden!!! If that's all they have got as well as an all so easy fa I think they must be struggling to make a case, unless of course there is more that they have . Equally you are defending your innocence here and I trust your sol is fighting hard on your behalf.

Frustrating times and keep strong ,

Regards b.m.h

[Rik]

Cps information - and decision time

Hi

I hit all time low when I met my solicitor.

The evidence from the cps are

1) Several people who claimed to have seen my move movements in bars
2) These witnesses [who I thought liked me] have said horrible things - Im a loner etc. I still in shock how people can turn!
3) The kebab shop guy has said I bought a kebab and although the kebab was £5.00 he only charged me £4 coz i didnt have enough money.
4) I apparently say the person in the CCTV could be me because I live nearby the last camera.
5) The girl is attacked in her garden.
6) Although the attack is not witnessed alleged yelling and a call to a friend is heard by a passer by.
7) The passer by slow walks to the garden where the from door is open and calls the police.
8) An Ambulance attends the girl who claims a scatch and lumps on her head and pulled hair. She had been drinking from a partying and a night out.
9) She alleged a 5ft7 dark skinned medium build man in dark clothing tried to put his hands in her tights and pulled her hair. She said her hit her with his right hand. She said he had a takaway box. She is stated an age of the man that is in a 6 year range. She was consoled by several friends and hugged etc where she allegedly claims the same thing.
10) The passer by said a 5ft6 skinny white male walked out of garden into the darkness of a street. He said he didnt see the persons face.
11) My height is several inches taller.
12) I claimed I didnt eat doner kebabs and doner meet if I bought food and if the person is me walking on CCTV near where I lived.
13) I had no injuries other than a small cat scratch on my left thumb.
14) Solicitor said there was no DNA in the case file for the doner meat or her clothing. No DNA of her on my clothes or on me, nails, hair etc.
15) A police dog went as far as one street and gave up.
16) I always claimed I heard some voices but dont believe I checked it out where it was coming from so went straight home and ate when I was at home. Definately dishes of when I ate in my bedroom.
17) when the CCTV turned around when a 999 call was made it sees the passer by coming of her the girl's garden.
18) There are muiltiple other routes around where the garden is.

My solicitor made me fell horrible. He said an event of some sort had happened to the girl and it seems only 2 males were in the area the passer by and me.
He said either I did it and was too intoxicated.
Something happened but not in the way she said
Or that something happened but it was not me and went straight home

The solicitor said it is the kebab shop statement identifying me, the girl saying it was me and the alleged doner meat that posed problems.

It seemed that my phone was key to the police but they never had it. I had offered it a previous time but they didnt want it.
The police are returning my personal items and clothes.

The reason why the police came to my house a day later is because the CCTV operate does like me and guess the person on the CCTV follow a route to the last camera as me. He gave the police an old photegraph of my a social website site.


I am really scared. And dont know what to do. I have only 6 weeks to make a decision at the plea hearing.

This was an attempted rape but now a sexual assault [subsection touch without consent]

[whatsgoingon?]

The way it sounds it must have been the crime of the century with ambulances, police cars ,police dogs etc... there must have been a hell of a commotion surrounding this girl that night. I would take a step back if at all possible and try and get it all into perspective.

If you plead guilty to something you didn't do - you'll regret it for the rest of your life.

The CPS are obviously really loading it on, aren't they? Perhaps they haven't got any really realiable evidence.

Have you started gathering your evidence?

[Casehardened]

I completely agree with WGO regarding your plea; if you plead guilty you will still make a court appearance for sentencing so will be making a public admission.

The main evidence against you seems to revolve around this wretched kebab! As I mentioned in an earlier post it is not easy to positively distinguish between facial features, especially in poor light, unless you are of the same race.

The man in the kebab shop undoubtedly served several black guys during the evening so it is simply a case of mistaken identity.

PS Your solicitor was simply being realistic and covering all possible angles

[Rik]

Thank you.

Ive never been through this hell. My friends are saying there are too many doubts and uncertainties. Even if I had food, was if definately the food I thought I bought. And there are varying descriptions of clothing and descriptions.

Yes family have said if I plea guilty it will ruin my life.

Seems a solicitor from this forum sounded more supportive with the descrepancies. They said even without DNA the CPS push and lay it on thick to make a person crack and a lesser charge therefore sounds attractive.

We know that many people walked into the girls garden and if they was doner meat trampled all over the place.

[Rik]

This is an update and advice needed before statement to my solicitor.

Several weeks to go before my first County Court hearing.

It appears the crooks of my case is that I am walking home with someone in my hand. No one can decide if it is food or a hanky etc.

On a road a CCTV captures me walking behind a girl a good 10-20 metres apart. Nothing unusual.

The camera goes out of shot.

The girl has alleged I followed her in her garden because I forgot where I lived and tried to touch her up and hit her and ran off.

She alleges she had a conversation 100metres back but there is no evidence of this.

My story was that I someone called my name and hit me but I went home and what ever happened was nothing to do with me.

Everyone had been drinking.

I was never asked about any food I bought but it was alleged I bought doner meat which was found in the girl's garden.

Unfortunately the girl is saying it is me who attacked her from the ID parade.

There is no DNA or eye witnesses, just a guy who was 90metres away claims he heard something and a white guy running out of her garden and into the dark park.

I am dark to medium skinned and ethnic.

The takeway man has said he served me but has my details wrong.

Any views?