Falsely accused of rape

[nothavingagoodday]

WOW thank you, thet really is very useful to know

I agree with Orkney too, its the reason I had to leave pretty quick. There's all kinds of stories about people vanishing up there. Orcadian people can be a funny sort sometimes, there are a few who believe they are separate from the UK justice system and don't recognize other Scottish people.

I think all I need now to back me up are those facebook messages and keep them somewhere safe, that way I can relax knowing that if there is a knock on the door, I can back myself up. Does anyone know if there is a legal way of getting access to facebook accounts? Facebook themselves rarely reply to emails. I would like to get these messages myself rather than rely on Orkney police to do it for me.

D

[cantgiveup]

Scottish System

Hi Nothavingagoodday (understatement of the year for me!!)

Sorry to hear you have had to find yourself here, but it is a good place to be in a horrific situation. Lots of good advise and support given by people who truly understand what you are going through.

I am the partner of a falsely accused and living in Scotland. Briefly our situation is as follows...

My partner was detained from my home, forensics all over the house etc, detained for 12 hours police charge layed and held in custody over the weekend, due to appear in court the next working day. He was taken to court, kept in a holding cell and then released without charge, no bail condiitions and advised the case was under investigation. 10 months later my partner was charged. 4 months later and we have still heard nothing, no statements / evidence recieved from the police so we can begin to build his defence and no further dates for him to appear. Apparently we just have to wait.

I am very interested to read lawlessones post above regarding the clock possibly starting ticking from point of police charge....I shall need to try and find out more about this.

I hope your situation does not drag on as long as ours, in the meantime my best advise is to allow yourself a few hours a week to think about it and collate as much evidence detail (facebook, possible witnesses etc) as you can and keep it in a very safe place 'just in case' Hopefully sense will be seen quickly in your circumstances.

Best wishes,
CGU

[nothavingagoodday]

Hi cantgiveup

Many thanks for your support and I am sorry to hear your going through it yourself. The more I dig into things the more I find this happening in Scotland than anywhere else. I think I need someone who is a PC wiz kid to help with the facebook stuff I have to admit. I am going to collate as much as I can before I hear anything else. Its possible I may not hear anything and it gets dropped but I doubt it myself, or maybe I am just thinking of the worse

If I find out anything myself about legal stuff that may help me and others I will of course share what ever I find out. In the meantime I shall plod on and see what happens Its not right that in Scotland, the accused is not entitled to see any statements or know the content of the accusations made against them in order to defend themselves. Some idiot in Hollyrood thinks its a good idea but obviously if the person is innocent then its the worse possible way of doing things. It also leaves you at the mercy of the police to actually do their job as not even your solicitor can access the evidence until court!

Anyway, for yourself and everyone else who is going through this atm, chin up and fingers and toes crossed and we will hope that justice prevails for us.

D

[lawlessone2009]

Hi cantgiveup

Many thanks for your support and I am sorry to hear your going through it yourself. The more I dig into things the more I find this happening in Scotland than anywhere else. I think I need someone who is a PC wiz kid to help with the facebook stuff I have to admit. I am going to collate as much as I can before I hear anything else. Its possible I may not hear anything and it gets dropped but I doubt it myself, or maybe I am just thinking of the worse

If I find out anything myself about legal stuff that may help me and others I will of course share what ever I find out. In the meantime I shall plod on and see what happens Its not right that in Scotland, the accused is not entitled to see any statements or know the content of the accusations made against them in order to defend themselves. Some idiot in Hollyrood thinks its a good idea but obviously if the person is innocent then its the worse possible way of doing things. It also leaves you at the mercy of the police to actually do their job as not even your solicitor can access the evidence until court!

Anyway, for yourself and everyone else who is going through this atm, chin up and fingers and toes crossed and we will hope that justice prevails for us.

D

I may be stupid but can you not re-instate a closed account?

I suppose your issue is that you actually deleted everything before closing it. Bit OCD!

It's actually quite reasonable not to see statements prior to charge. It prevents you from self incrimination through prior knowledge (as in read statements and accidently led yourself up the path due to false memory etc).

The Solicitor starts receiving statements etc once you have been charged. They don't suddenly turn up though! Can take months...

As for the idiot in Holyrood. He's put his 'end to corroboration' on the back burner for now....

PS: Don't expect the Police to do ANYTHING for you. Keep away from them. Have your solicitor do the ground work if it's required.

PPS: Yeah. Orkney is a weirdo place. In my youth I was seeing a lady from Shetland. She was young and married although seperated in a way. I met her in Glasgow! She went back to Shetland over some holiday period (easter I think) and I missed her. I traveled up to see her and everything was great until her sister caught us 'together'. She blew a bloody gasket! Thought her sister had returned to the island to patch up her marriage and had been creatively planning surprise meets etc... Safe to say I was off the island as quick as possible with an angry mob hunting me down... Oh, to be youthful again!

[lawlessone2009]

Hi Nothavingagoodday (understatement of the year for me!!)

Sorry to hear you have had to find yourself here, but it is a good place to be in a horrific situation. Lots of good advise and support given by people who truly understand what you are going through.

I am the partner of a falsely accused and living in Scotland. Briefly our situation is as follows...

My partner was detained from my home, forensics all over the house etc, detained for 12 hours police charge layed and held in custody over the weekend, due to appear in court the next working day. He was taken to court, kept in a holding cell and then released without charge, no bail condiitions and advised the case was under investigation. 10 months later my partner was charged. 4 months later and we have still heard nothing, no statements / evidence recieved from the police so we can begin to build his defence and no further dates for him to appear. Apparently we just have to wait.

I am very interested to read lawlessones post above regarding the clock possibly starting ticking from point of police charge....I shall need to try and find out more about this.

I hope your situation does not drag on as long as ours, in the meantime my best advise is to allow yourself a few hours a week to think about it and collate as much evidence detail (facebook, possible witnesses etc) as you can and keep it in a very safe place 'just in case' Hopefully sense will be seen quickly in your circumstances.

Best wishes,
CGU

If you don't yet have your Advocate then get your solicitor to instruct this man:

http://www.blackchambers.co.uk/index...derick-nelson/

At the very least simply for his opinion.

He knows Section 65 inside out!

He will also know what the possibilities are with regards to my proposed argument re: 12 month time frames etc and the COPFS playing silly buggers with their lack of charging and time to court etc.

I will attempt to hunt down the appeal that I read somewhere which laid the foundation for success regarding the 12 month time bar. Mr Nelson would most likely know exactly where to find it. He does seem 'far off' at times but he pulls through and definitely comes up with the goods. Was always about 20 steps in front of me although the path was constantly changing as his questioning altered the course to take.

[nothavingagoodday]

Yeah my facebook account, well they never delete anything do they? so being a photographer and not wanting my pics out there without my knowledge or consent I always clear a profile before I delete it, OCD I know but the two complainers knew about this and didn't make any allegation till after they knew I had got rid of my old profile one asked me before all this kicked off, saying make sure you delete everything or people will nick your photo's!! oh if only i knew why she said that!!. They are easy to get back with Facebooks help but they never answer your emails so I need someone with a know how around servers to do it for me. Their messages have been recovered by the police anyway but I want mine to back that up also. If I can wrap it up tighter than a ducks backside then I hopefully never have to worry about going to court. If there are any budding server experts out there who think they can access these things I promise not to disclose where I got the info from lol