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It comes from my own experiences of the "justice system" since 2000, when a friend of mine was wrongly convicted, released on appeal in 2001 (police hid evidence and then lied about it, saying they were never given it in the first place) and by the end of 2002 I had started supporting people and working on appeals........
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RF I think that sums it all up very well. In our cases there was no evidence but the stories, which they had made up at the bus stop, were all similar. My case was dismissed after the first "witness" was heard which I believe was to stop any more damage to the prosecution case against my other half. His defence team were horrified by the verdict but said it could be purely down to the fact that we're ENGLISH!!! Two of the jurors even fell asleep!!!
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I spent last night with my partner at his parents house while my parents had the children.... I cried lots and lots and lots.
the solicitor said it was unusual that he wasn't arrested after the interview which lasted less than an hour. He said its usual a longer time in the interview room. He is waiting for the case notes as we have moved solicitors and then he says he's chasing it up as there shouldn't be many routes to investigate with it being so historic and no other accusations have been made. We can but hope! His exe who he has a child with is also fighting his corner and on a positive note we have become friends. Which I think speaks volumes
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Hello heartbreaking. I too had to attend voluntary interview under caution for something historic ,me and my wife don't have children,but apart from that im in a similar situation.Regarding the timescale iv'e been waiting 27 months to hear something and as of yet i hav'nt.It's hard,but as previous posters have said looking on the internet for comparable cases and the outcome's makes things worse.I try not to do that now but have phases where i do.Hope you get an outcome soon
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Hi Heartbreaking
Sorry to hear your current circumstances, there appears to be striking similarities in your case to what my family went through 2 years ago. The shock is immense, having your partner excluded from your home and having social services land on your doorstep within a matter of hours is extremely traumatic.
It is still very early days, the police do not work quickly, they do things at their own pace. Getting through a false allegation is very much an endurance test. This forum is an excellent place to vent your feelings and receive support and advice from others that have walked this road before you.
The first few weeks can be the hardest due to the shock and confusion, it will get better and you will get through this.
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hi
Nothing is ever useless. The one thing you must NOT do is give up.Originally posted by heartbreaking View PostThank you for your words of strength. I just can't settle. Im living on my nerves. My partner has also has a full breakdown from the stress. it's just useless I feel useless. I just hang onto the fact no charges have been brought to him. ....yet
I wish I could give you some of my strength. Let your feelings settle and see if there is anything you can think of that will strengthen your case. You'll find you're not useless
Stay strong, you'll be amazed what you can do
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Originally posted by Casehardened View PostWhen I was at that stage I found from somewhere in the PACE procedures that the police should charge with an offence as soon as there is sufficient evidence to do so (after consultation with the CPS if appropriate i.e. if they are unsure)
As the allegation is false where is this evidence going to come from if they haven't already got it? Presumably the unsupported word of the complainant is not considered sufficient evidence for a charge?
Some people are sat in prison having been convicted on the unsupported word of the complainant. At the end of the day, it really is down to who the jury "like" the most.
A judge in summing up such a case will say: "Ladies and Gentlemen of the jury, you have heard the evidence. There is no more. In this case the only evidence that there is, is what the complainant says and what the defendant says. It is up to you to decide who is telling the truth, who is the more credible witness".
With that, an innocent person can be sent to prison for a very long time - or for the rest of his life.
Or, if the jury preferred the evidence of the defendant, he could go free, and if he was guilty, he could walk out of that court room and go an commit the same sort of offence again.
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The "evidence" they have is false but that didn't stop them! I just don't know where else this can go.the police have 5 statements one being his. The police rang his brother in law and asked over the phone! No statement taken as he's on our side. Very professional! the solicitor said they might not even come to me or his exe , who is also pleading his innocents or his family!!
I just don't know where the police can go to further this investigation! ???
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Do you mean corroborated stories? No need for that here in England either. The allegation is enough.
What I cannot understand for the life of me though, is why they NFA somebody where there is clear evidence that he's probably done it, or some of it, but in other cases only the word of the complainant is enough for it to go to Charge. Possibly that's due to how strong the complainant is (in the CPS view) and if he or she can stand up to cross-examination.
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In our case there was no evidence, they used collaborated stories to convict. (Apparently this is no longer used in England- outlawed in the '80's) However it is still alive and well in Scotland. In today's climate there seems to be very little evidence required to charge. You just have to keep believing in your own integrity because the legal system rarely has any.
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When I was at that stage I found from somewhere in the PACE procedures that the police should charge with an offence as soon as there is sufficient evidence to do so (after consultation with the CPS if appropriate i.e. if they are unsure)Originally posted by YearsOfHell View PostMy husband hasn't been charged yet either, some 4 months since voluntary interview!
As the allegation is false where is this evidence going to come from if they haven't already got it? Presumably the unsupported word of the complainant is not considered sufficient evidence for a charge?
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Get help
I know exactly how you're feeling and it's so bad.Originally posted by heartbreaking View PostThank you for your words of strength. I just can't settle. Im living on my nerves. My partner has also has a full breakdown from the stress. it's just useless I feel useless. I just hang onto the fact no charges have been brought to him. ....yet
My husband is the same, but we're a little further down the line.
His GP was great and my husband is currently receiving some therapy which so far has helped him.
If you haven't already then I thoroughly recommend that you do.
My husband hasn't been charged yet either, some 4 months since voluntary interview!
Get some help for yourself too if you feel you are not coping.
Things do get a bit easier I promise. The initial shock takes a while to recover from.
Give yourself plenty of time.
Keep in touch.
We can help each other
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Again, we can all relate to those feelings. As already mentioned, make notes, a timeline, anything you can think of that might be relevant, to help you feel as though you have some control over this awful situation. Talk to your GP . Sometimes just holding hands or a brief hug can make all the difference.
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Thank you for your words of strength. I just can't settle. Im living on my nerves. My partner has also has a full breakdown from the stress. it's just useless I feel useless. I just hang onto the fact no charges have been brought to him. ....yet
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hi
Think we've all been there. Don't look on the net, I just made myself feel worse.Originally posted by heartbreaking View PostWe jut feel lost. there is no light at the end of the tunnel. We are at the very bottom Of the mountain we have yet to climb!!
I look for answers on he Internet and ask my partner questions. I've googled the cps website a million times.
I'm starting to see the scale and time required to fight this.
my mind spins all of he time
Wish I could help, I found the belief in my innocence the strongest weapon to fight with, but I tried to brace myself in case the worst happened. While the investigation takes place all you can do is to wait and try to carry on as best you can.
Stay strong, hoping for the best for you.
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