accused of rape

[malelondoner37]

hi

I was arrested for rape and that's all

I can assure you I did not rape this woman

as I was accused for rape
I am worried about the slavia they might find on her breasts as she pushed them onto me

I did not penetrate her at all with my private parts.. with my fingers or any forigen objects

can I be charged for rape if they only find saliva on her breasts even though she pushed them into my face

or could they clear me for rape but then arrest me for sexsual assault ?? bearing in mind the victim has just stated its full on rape?

I am just worried about this as I didn't rape her nor assault her

[Casehardened]

Hi and welcome to the forum.

It is quite difficult to answer your questions as this will be a decision for the CPS to make but to help members offer an opinion it would be useful to clarify the following points:

Did you have a solicitor present at your interview & did he advise regarding responding to the officer's questioning? i.e. did you tell the police what you have just told us in your post as to what happened during the sexual encounter?

Are you in a relationship with this woman or was it a one-nighter?

[malelondoner37]

[QUOTE=Casehardened;48345]Hi and welcome to the forum.

It is quite difficult to answer your questions as this will be a decision for the CPS to make but to help members offer an opinion it would be useful to clarify the following points:

Did you have a solicitor present at your interview & did he advise regarding responding to the officer's questioning? i.e. did you tell the police what you have just told us in your post as to what happened during the sexual encounter?

Are you in a relationship with this woman or was it a one-nighter?[/QUOTE

My sol was present. I didn't tell him she did this. I was told to do no comment . He said the mouth swabs will be only
If I did oral sex on this woman . I was starting off a friendship with her. She claimed I raped her twice which I did not do. They will only find my slavia on her breasts that's all

[Casehardened]

I was told to do no comment .

On reflection this was probably a good call on the part of your solicitor as this following statement does not sound very credible; the assumption will be made that this occurred during normal foreplay with both parties consenting.

I am worried about the slavia they might find on her breasts as she pushed them onto me

If she has alleged rape and none of your DNA is present in or around her genitalia this charge will be difficult to prosecute (assuming it is not a historical accusation and she had a medical examination straight)

If she now changes her statement from rape to sexual assault this will give the defence excellent grounds to challenge the truth of her second statement.

[lawlessone2009]

My sol was present. I didn't tell him she did this. I was told to do no comment . He said the mouth swabs will be only
If I did oral sex on this woman . I was starting off a friendship with her. She claimed I raped her twice which I did not do. They will only find my slavia on her breasts that's all

Hi and welcome to the forum.

There is a possibility that they may not even find the saliva. Your solicitor advised you correctly regarding the interview as far as is understandable so far with the information you have posted.

Is the allegation stating that you raped her twice on the one occasion or twice but on seperate occasions?


The woman will give details of exactly what she is alleging to the Police, they will then carry out whatever tests on her that the deem fit which could include swabbing her breasts. Where they will look for DNA depends entirely on what she has said.

If you have not had sex with her then your DNA will not be present within her vaginal area. There could well be very very limited amounts of dead skin cells present but when they are looking for DNA they are looking for certain 'types' of DNA which would clearly indicate sexual contact.

What, if any, charges the CPS decide on depends, again, entirely on what is being alleged. They won't simply charge with sexual assault because there is no evidence of rape. They could charge with sexual assault if there is information that indicates a sexual assault took place but generally they would also charge the rape allegation. They could potentially charge multiples but again it depends on what has been said and what evidence they obtain.

I am assuming that you have been interviewed and released on bail?

[malelondoner37]

[QUOTE=lawlessone2009;48358]Hi and welcome to the forum.

There is a possibility that they may not even find the saliva. Your solicitor advised you correctly regarding the interview as far as is understandable so far with the information you have posted.

Is the allegation stating that you raped her twice on the one occasion or twice but on seperate occasions?


The woman will give details of exactly what she is alleging to the Police, they will then carry out whatever tests on her that the deem fit which could include swabbing her breasts. Where they will look for DNA depends entirely on what she has said.

If you have not had sex with her then your DNA will not be present within her vaginal area. There could well be very very limited amounts of dead skin cells present but when they are looking for DNA they are looking for certain 'types' of DNA which would clearly indicate sexual contact.

What, if any, charges the CPS decide on depends, again, entirely on what is being alleged. They won't simply charge with sexual assault because there is no evidence of rape. They could charge with sexual assault if there is information that indicates a sexual assault took place but generally they would also charge the rape allegation. They could potentially charge multiples but again it depends on what has been said and what evidence they obtain.

I am assuming that you have been interviewed and released on bail?[/QUOTE



I was accused of rape twice in one night. I saw her at 7 pm to 9pm I was accused of rappin her on
Sofa .. getting up going to the toilet leaving naked going to the bedroom and raping her again ... And
I left...now I can tell u I never did this no seaman would be left as my penis stayed in my trousers. I didn't use any digital items to do any penetration with them . Nore use my fingers. Anyway guys what I have read I should be ok as u said she's claimed rape twice and in one night. They should only go with that and the salvia might not assist with this case.. nit sure how salvia would have stayed on her though

[lawlessone2009]

I was accused of rape twice in one night. I saw her at 7 pm to 9pm I was accused of rappin her on
Sofa .. getting up going to the toilet leaving naked going to the bedroom and raping her again ... And
I left...now I can tell u I never did this no seaman would be left as my penis stayed in my trousers. I didn't use any digital items to do any penetration with them . Nore use my fingers. Anyway guys what I have read I should be ok as u said she's claimed rape twice and in one night. They should only go with that and the salvia might not assist with this case.. nit sure how salvia would have stayed on her though

Saliva is like 'glue'. The moisture may evaporate but there remains many things and your DNA is included. The exact makeup of what remains depends on many factors but a scientific expert would be able to identify each individual element and then relate that to a potential source. The only source of your DNA is you. There are some forms of DNA 'carrier' which literally fall of you (dead skin cells) and others which are kept inside of you with little chance of being external unless certain events have potentially taken place (sperm for instance).

It is not a case of 'oh, we found sperm, a rape has happened'. The presence, or not, is used as an indicator. It generally holds weight with a jury if there is a denial of sex having taken place. It merely confirms that sex has taken place if there is no denial but contested consent. I am being quite general about it but I am sure you will know the significance of the presence or absence of it.

If there is no DNA then it can generally be assumed that whatever is alleged to have happened didn't. The scientists don't merely look for DNA though, they will also look for elements of substances which could prevent the transfer of DNA (condom lubricant for instance).


The presence of DNA after a denial that sexual activity took place would most likely result in a trial and very likely a conviction.

The absence of DNA does not necessarily result in the dropping of the allegation. The Police will look into other avenues and depending on what these are they will act accordingly.

Lack of DNA has to be seen as a positive for you. I worried myself senseless about the stuff as I took the exact same position as you but became concerned that 'any' form of DNA would do as at the time I wasn't quite sure 'what' DNA was and how it could be identified. I thought a couple of air bourne dead skin cells would be more than enough and realised that those skin cells were everywhere! Safe to say my result came back as 'inconclusive' but then I started questioning the interpretation of 'inconclusive'...

Your mind will begin to question everything!

Rape is incredibly hard to prove but equally it is just as hard to disprove. Everything boils down to who said what, who could have done what and what can be proven. I cannot possibly know what 'evidence' the Police will be looking for, it varies from case to case and is entirely dependent on circumstances.

What I can say is that, from your details, a lack of DNA in your case will be a strong indicator that you are being truthful that sex did not occur.

[malelondoner37]

Saliva is like 'glue'. The moisture may evaporate but there remains many things and your DNA is included. The exact makeup of what remains depends on many factors but a scientific expert would be able to identify each individual element and then relate that to a potential source. The only source of your DNA is you. There are some forms of DNA 'carrier' which literally fall of you (dead skin cells) and others which are kept inside of you with little chance of being external unless certain events have potentially taken place (sperm for instance).

It is not a case of 'oh, we found sperm, a rape has happened'. The presence, or not, is used as an indicator. It generally holds weight with a jury if there is a denial of sex having taken place. It merely confirms that sex has taken place if there is no denial but contested consent. I am being quite general about it but I am sure you will know the significance of the presence or absence of it.

If there is no DNA then it can generally be assumed that whatever is alleged to have happened didn't. The scientists don't merely look for DNA though, they will also look for elements of substances which could prevent the transfer of DNA (condom lubricant for instance).


The presence of DNA after a denial that sexual activity took place would most likely result in a trial and very likely a conviction.

The absence of DNA does not necessarily result in the dropping of the allegation. The Police will look into other avenues and depending on what these are they will act accordingly.

Lack of DNA has to be seen as a positive for you. I worried myself senseless about the stuff as I took the exact same position as you but became concerned that 'any' form of DNA would do as at the time I wasn't quite sure 'what' DNA was and how it could be identified. I thought a couple of air bourne dead skin cells would be more than enough and realised that those skin cells were everywhere! Safe to say my result came back as 'inconclusive' but then I started questioning the interpretation of 'inconclusive'...

Your mind will begin to question everything!

Rape is incredibly hard to prove but equally it is just as hard to disprove. Everything boils down to who said what, who could have done what and what can be proven. I cannot possibly know what 'evidence' the Police will be looking for, it varies from case to case and is entirely dependent on circumstances.

What I can say is that, from your details, a lack of DNA in your case will be a strong indicator that you are being truthful that sex did not occur.

Thanks you were very helpful with your in depth reply
I found it odd that the police didn't swab my mouth in custody but
Did five days later.

I'm just annoyed that I'm in this position. She did say she is alcocholic and was minus 158 pounds.

[Rights Fighter]

Being alcoholic and 'minus 158 pounds' whatever that means - doesn't mean she has not been raped of course. The other side would say that would make her more vulnerable, which indeed it would.

Also fellatio is now classed as rape. It doesn't have to be penetration of the vagina. I've not had a chance to read all of your post as I've been working on an appeal so now playing catch up.....

[malelondoner37]

Being alcoholic and 'minus 158 pounds' whatever that means - doesn't mean she has not been raped of course. The other side would say that would make her more vulnerable, which indeed it would.

Also fellatio is now classed as rape. It doesn't have to be penetration of the vagina. I've not had a chance to read all of your post as I've been working on an appeal so now playing catch up.....

well ive done none of those, I am just waiting for the DNA results to come through been waiting since the 28th of when I was arrested, just been one nightmare, head is aching, heart is pounding more than often, and for what? I didn't rape this woman, physically or none....I am just angry that I am here waiting every day for a result .. and hopefully its a good one, as I have pre booked a holiday to orlando and due to go with my girlfriend in nov :-( at least I am off on full pay that's one thing that's positive...

[Heretowin]

I have pre booked a holiday to orlando and due to go with my girlfriend in nov ...

Do you already have your visa arranged?

I might be wrong but my understanding is that you will not be able to apply for it online as there is a question about being arrested in relation to offences of moral turpitude and you will be required to apply for a visa from the US embassy and may require an interview before getting it.

If I have that completely wrong then apologies for any concern I may have caused you but it would be worthwhile checking it out. L

Does anyone else know about US visas in these circumstances?

HTW

[malelondoner37]

Do you already have your visa arranged?

I might be wrong but my understanding is that you will not be able to apply for it online as there is a question about being arrested in relation to offences of moral turpitude and you will be required to apply for a visa from the US embassy and may require an interview before getting it.

If I have that completely wrong then apologies for any concern I may have caused you but it would be worthwhile checking it out. L

Does anyone else know about US visas in these circumstances?

HTW

thanks for your reply, I believe visas can be applied for 14 days before flying out, hopefully I am all clear before then, and no one will be none the wiser..fingers x

[Casehardened]

thanks for your reply, I believe visas can be applied for 14 days before flying out, hopefully I am all clear before then, and no one will be none the wiser..fingers x

Please do check the online application form ASAP; this subject has come up on the forum previously and I recollect it being mentioned that one of the questions is 'have you been arrested?' [EDIT just noticed that Heretowin has already mentioned this, you could take a chance as you say but remember that since 9/11 the tentacles of USA Homeland Security stretch far and wide]

[whatsgoingon?]

Hi ML37 - Officially, you are not entitled to use the on-line visa waiver programme (ESTA) if you have ever been arrested for a felony (serious crime). You should apply for a visa and will be required to go for an interview at the US embassy. This costs money and takes time. I would allow 6-8 weeks to be safe. There is a member 'Felix' who started a thread on this.

As far as the saliva goes... even if some is found,if on it's own, it doesn't prove rape. You may have to wait a long time for the forensic report, several months in fact, so don't be surprised if you are re-bailed.

If you are charged then you must have a lawyer who is experienced and has known success in defending these cases.