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My Father accused of rape? help me

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  • #16
    The police are supposed to liase with the CPS throughout the investigation but normally when the police have completed their investigation they pass all their evidence such as statements to the CPS who make a charging decision. One thing I know is that it is a waiting game, some people are given a decision within 6 weeks and others are still waiting a year on.

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    • #17
      Originally posted by babygal2014 View Post
      The police are supposed to liase with the CPS throughout the investigation but normally when the police have completed their investigation they pass all their evidence such as statements to the CPS who make a charging decision. One thing I know is that it is a waiting game, some people are given a decision within 6 weeks and others are still waiting a year on.
      Just spoke to the DC and he was wondering what happened to me as i left him alone for a week as i am on his case too much really but that is just because i am so worried, he said its gone through one of the chief inspectors now its going through the other one and he said he will call me later this afternoon or tomorrow with a update, hoping its good news

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      • #18
        Originally posted by Casehardened View Post
        It sounds like they have not looked at it yet so there may possibly be another rebail
        i think i am more worried than my dad, my tummy is in knots , the dc did all the investigations then he said 2 senior police had to look at it 1 has done and other is almost finished looking, what happens next usually

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        • #19
          Originally posted by worried:( View Post
          when does the cps look at it, would they of looked at it yet or a later date, bail date this week was meant to be last week but dc text me to delay a week so his supervisor can read through the paperwork on case
          ive been reading through the CPD code and it says ""The more serious the offence, the more likely it is that a prosecution is required."
          The circumstances of the victim are highly relevant. The greater the vulnerability of the victim, the more likely it is that a prosecution is required. This includes where a position of trust or authority exists between the suspect and victim."" this makes me feel that even though i know my dad hasnt done nothing because they have disabilities he is very much likely to be charged and go to court :/

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          • #20
            Hi again - you've been given loads of good advice here. I can't help with legal stuff - I'm still going through it - but I can give some advice on emotional stuff....
            At the moment, everything is very raw and highly charged emotionally for you all. This will begin to wear off and lessen. It's impossible to say how long this will take - it's different for everyone. You are doing what we have all done (and continue to do) and that is trying to second guess what will happen to your Dad and drawing similarities with other cases on here and from what you've read. I can only say that every case is different and although there are similarities and precedents which have been set, the OIC and CPS have to consider his case on its individuality and take into consideration past "behaviours" of the 2 people in his case.
            It truly is a horrible waiting game, but at least the OIC is talking to you and keeping you updated. They don't always.
            Your dad is also experiencing the feelings of despair that many of us have done. Please encourage him to visit his GP who he should find to be very helpful and supportive.
            Stressed Out's case is one of many on here. Many have resulted in NFA or NG (do a search for dancing bananas on here), but sadly a few do result in someone who is innocent being convicted - but then in several cases an appeal can be launched.
            There are so many variables it really is impossible to second guess what the outcome for you dad will be - but whatever else - suicide is a permanent solution to a temporary horrible situation....please keep strong and encourage him to as well
            "Only love can light the mirror of your soul" - Chris de Burgh

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            • #21
              Originally posted by myhome View Post
              Hi again - you've been given loads of good advice here. I can't help with legal stuff - I'm still going through it - but I can give some advice on emotional stuff....
              At the moment, everything is very raw and highly charged emotionally for you all. This will begin to wear off and lessen. It's impossible to say how long this will take - it's different for everyone. You are doing what we have all done (and continue to do) and that is trying to second guess what will happen to your Dad and drawing similarities with other cases on here and from what you've read. I can only say that every case is different and although there are similarities and precedents which have been set, the OIC and CPS have to consider his case on its individuality and take into consideration past "behaviours" of the 2 people in his case.
              It truly is a horrible waiting game, but at least the OIC is talking to you and keeping you updated. They don't always.
              Your dad is also experiencing the feelings of despair that many of us have done. Please encourage him to visit his GP who he should find to be very helpful and supportive.
              Stressed Out's case is one of many on here. Many have resulted in NFA or NG (do a search for dancing bananas on here), but sadly a few do result in someone who is innocent being convicted - but then in several cases an appeal can be launched.
              There are so many variables it really is impossible to second guess what the outcome for you dad will be - but whatever else - suicide is a permanent solution to a temporary horrible situation....please keep strong and encourage him to as well
              the OIC does seem to be decent, he texts occasionally and talks to me on the phone quite often, not that he has much choice as i ring him lol But i just want to make sure they realise dad is innocent, not that me calling them will do that A decision is going to be made tomorrow morning and i have been told by the OIC that he will call me by hopefully lunchtime, will he tell me what will happen next? im hoping for no further action but i dont think its going to happen, i think we are in the beginning of a long battle, hopefully i am just being negative and will get a happy result, i am all for people who have done something to be charged but i know whole heartedly that my dad hasn't done a thing apart from allow them into his flat which i know is wrong too but he is quite new to the caring job so i don't think he realised the risks involved with people with disabilities

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              • #22
                If the OIC is going to call you tomorrow - it should be with some information and more than likely what is going to happen next - it could be No Further Action (NFA) which means they'll put this on hold fro the moment but if any more info comes to light at any time in the future, it can be resurrected; No Crime - which means it's all over; charge or rebail - they need further info which wil take more time to get.
                Advice is generally expect the worst and if it doesn't happen it's a good thing but not a horrible shock if it does.....
                Hopefully they will drop this and we can hit the dancing bananas for you. Rest assured we will all be logging in at various times of the day (I can't till the evening but will be thinking of you) to find out and either give congrats or offer loads of support and advice as to what to do next.....
                "Only love can light the mirror of your soul" - Chris de Burgh

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                • #23
                  Originally posted by myhome View Post
                  If the OIC is going to call you tomorrow - it should be with some information and more than likely what is going to happen next - it could be No Further Action (NFA) which means they'll put this on hold fro the moment but if any more info comes to light at any time in the future, it can be resurrected; No Crime - which means it's all over; charge or rebail - they need further info which wil take more time to get.
                  Advice is generally expect the worst and if it doesn't happen it's a good thing but not a horrible shock if it does.....
                  Hopefully they will drop this and we can hit the dancing bananas for you. Rest assured we will all be logging in at various times of the day (I can't till the evening but will be thinking of you) to find out and either give congrats or offer loads of support and advice as to what to do next.....
                  im very worried if its charge how i can tell my dad, as the OIC isnt ringing noone else just me to tell me what is happening and said he will leave it to me to tell my dad whatever it is he will tell me, I should be told by lunch time, two senior staff have looked through the file, would the CPS be one of these two? or does it not get to that bit yet? i can tell my dad has everything on it finishing weds, so if it doesnt i dont know how to break it to him and how he will cope, as he knows he hasnt done nothing so he relying on the police knowing it too :/

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                  • #24
                    Originally posted by Rights Fighter View Post
                    He may well be eligible for legal aid if it comes to charge. I know the perfect barrister if he should be charged. He will know the right solicitors to instruct.

                    When he starts talking about doing away with himself maybe you could say that the media would say that 'he couldn't live with the guilt' and he needs to be here to clear his name.


                    One step at a time though. Hold on in there hon.
                    is there any chance i can have a contact email or something for you , or can my pms be switched on so i can message you?

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                    • #25
                      Hi hon - can you contact your dad this evening and suggest that he prepares himself for it to be a charge?
                      I'm not sure of the procedures but it does seem a little odd that the OIC is liaising through you...I would have thought that if your dad was going to be rebailed or charged they would have wanted to talk to him directly - can anyone help me out here??
                      IFyou do have to tell your dad that he is going to be charged you need to consider a few things...
                      - where will you tell him - it will have to be somewhere private because of the emotions that you are both going to feel
                      - what support will you already have in place for him AND for you
                      - what are you going to do for the rest of the day - I would suggest you don't leave him on his own as he has already indicated he feels suicidal - maybe a GP appt straight away
                      - what support is there for your mum and how are you going to tell her

                      I'm really sorry that I'm presenting you with questions rather than answers but I don't know you and where you live or your relationship with your dad hopefully you will be able to answer these for all three of you...

                      About your request to PM RF - I will email her for you and see if she has a mo to come on and answer you....

                      Sending you positive vibes for tomorrow and asking to visit you for strength, courage and justice....
                      "Only love can light the mirror of your soul" - Chris de Burgh

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                      • #26
                        Originally posted by myhome View Post
                        Hi hon - can you contact your dad this evening and suggest that he prepares himself for it to be a charge?
                        I'm not sure of the procedures but it does seem a little odd that the OIC is liaising through you...I would have thought that if your dad was going to be rebailed or charged they would have wanted to talk to him directly - can anyone help me out here??
                        IFyou do have to tell your dad that he is going to be charged you need to consider a few things...
                        - where will you tell him - it will have to be somewhere private because of the emotions that you are both going to feel
                        - what support will you already have in place for him AND for you
                        - what are you going to do for the rest of the day - I would suggest you don't leave him on his own as he has already indicated he feels suicidal - maybe a GP appt straight away
                        - what support is there for your mum and how are you going to tell her

                        I'm really sorry that I'm presenting you with questions rather than answers but I don't know you and where you live or your relationship with your dad hopefully you will be able to answer these for all three of you...

                        About your request to PM RF - I will email her for you and see if she has a mo to come on and answer you....

                        Sending you positive vibes for tomorrow and asking to visit you for strength, courage and justice....
                        the officer said he doesnt have a number for dad and that he was happy to discuss the result with me but i do think dad will go in on the weds to hear his fate fully from the officer, the officer said 2 weeks ago that if its dropped that dad wont need to go back in to see them? not sure if that is something that is true or whether he was just trying to be nice :/ i really dont know how to tell my dad etc as we wasnt very close before all this and now we have grown closer but i am so scared, if he gets charged i know he will be convinced that means he is definately going to jail, i dont even know myself if that means he will as i dont understand the law and charges etc i will go to his house and tell him face to face once i know but i will probably butter it up a bit by saying in the circumstances with disabilities it has to be looked at thoroughly so it may need to go to court, that is the only way i can tell him i think, as i dont want him to think he 100% going to jail, i cant have him getting locked up for something he hasnt done and i will fight as much as i can with him, but i am clueless and feel so helpless as this is something i cant sort, as i usually sort out things for family maybe he is only going to give me brief information on the result
                        Last edited by worried:(; 18 November 2013, 08:03 PM.

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                        • #27
                          Originally posted by worried:( View Post
                          the officer said 2 weeks ago that if its dropped that dad wont need to go back in to see them? not sure if that is something that is true or whether he was just trying to be nice
                          this is at least one question we can answer for you; if it's dropped so will police bail therefore he won't be required to go in to answer bail.

                          By the same token if the officer requests that your dad does come in it may be bad news (though I believe if that is so the OIC will also suggest that his solicitor attends)
                          'What doesn't kill you makes you stronger'

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                          • #28
                            Originally posted by Casehardened View Post
                            this is at least one question we can answer for you; if it's dropped so will police bail therefore he won't be required to go in to answer bail.

                            By the same token if the officer requests that your dad does come in it may be bad news (though I believe if that is so the OIC will also suggest that his solicitor attends)
                            I assume he wont tell me directly they are going to charge etc, i assume they will either say it is dropped or they will say your dad still needs to come in then i will assume its bad news :/ I dont know what detail I will be told, the OIC said a decision will be made in the morning and he will ring me by lunchtime

                            The OIC did tell me today that i do go on :P But I cant help that and i hope he understands why i do, its a job to him but my dads life is in their hands

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                            • #29
                              If your dad goes to the police station to be charged or rebailed I very strongly recommend he has a solicitor with him. I know he's innocent but that doesn't matter - he still needs a solicitor to have someone there for him - on his behalf to record what he says and what the police say so that they cannot twist his words on the future (if there is a future for this). Do remember that being charged is only one reason why the OIC is phoning tomorrow. And being charged is just the first step and it does NOT automatically mean he will be convicted. Some cases are thrown out before trial; some trials are stopped a few days in and some result in not guilty; and some end in guilty......try to get some sleep tonight and keep busy tomorrow morning.....I'll be thinking of you....
                              "Only love can light the mirror of your soul" - Chris de Burgh

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                              • #30
                                Originally posted by myhome View Post
                                If your dad goes to the police station to be charged or rebailed I very strongly recommend he has a solicitor with him. I know he's innocent but that doesn't matter - he still needs a solicitor to have someone there for him - on his behalf to record what he says and what the police say so that they cannot twist his words on the future (if there is a future for this). Do remember that being charged is only one reason why the OIC is phoning tomorrow. And being charged is just the first step and it does NOT automatically mean he will be convicted. Some cases are thrown out before trial; some trials are stopped a few days in and some result in not guilty; and some end in guilty......try to get some sleep tonight and keep busy tomorrow morning.....I'll be thinking of you....
                                I have found him a solicitor who said they will be there wednesday, but i want to make sure we can find the best for him as there doesnt seem to be many criminal solicitors local to us, Dad doesnt see he needs a solicitor as innocent but we have told him he has to have one, which is has accepted I just dont know how any of us are going to cope if tomorrow is bad news

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