'Accused' of rape a few weeks ago, concerned about my prospects

[I'minnocent]

Hi everyone.

Can I say thank you to those who created this forum and to all those who are posting on it. I found this site a few days ago and it's already been a great help to me. I'll just summarise my own situation.

I met a lady in a bar in London a few weeks ago. From the outset she was really drunk (I hope) and I by contrast was quite sober. After a short conversation we decided to go to a nearby hotel. I paid for the room. I had protected sex with her for only a short time before basically deciding that she was a little bit too drunk and needed to sober up and rest. I suggested she went to sleep which she did. A few hours later she woke up and said to me that she couldn't remember the last 7 hours (I've changed the number slightly). She then phoned a couple of people, including an ex- of hers, and asked a friend to collect her. No problem I thought. While she was using her phone I saw a message she'd sent to one of the people saying that she was drunk. (I didn't mention this to the police but I hope they'll see that message.) She left the room and I packed my own things up and was just leaving the room when I was arrested outside by some policemen. They explained that the lady had told her friend that she was 'scared'. The police arrested me and took me to the police station. The next morning I asked for a duty solicitor before the police questioned me. I explained the situation to the solicitor. The solicitor gave me three options. One, say nothing at all. Two, say no comment. (I think those were the first two options.) Thirdly, be open and tell them what happened and this is what the solicitor recommended. So I told the police the truth about what happened. Unfortunately, it came out that the police had found a short video I'd made of the lady naked on the bed sleeping so for that reason the police confiscated my phone. They also put me on bail for 6 weeks . The solicitor at the end said to me something like 'I'm 99% sure nothing will happen but you never know'. He also told me the lady hadn't made a statement yet (I'm not sure if that's very significant). I was also told that the police wanted to see whether the girl had any drugs in her system, particularly the date-rape sort.

The whole event has been quite stressful for me and I'm still a little bit worried about what could happen. I obviously have some understanding and sympathy over what the lady did. I'd feel strange if I'd woken up in a hotel room with a 'stranger' and couldn't remember the past few hours as had happened to her. I don't tend to drink much myself and think I've only lost 'track of time' on one occasion but I know it happens to some people when drinking in excess. I feel guilty because I should possibly have taken her to the tube station and not a hotel but that's all in hindsight.

The police told me they might contact me sooner to return my phone but this hasn't happened nor has my case been dropped. Has the girl made a statement yet? Will the police want to speak to me again before I return on bail? What's likely to happen when I go to the police station? Thanks everyone and sorry for using such a silly nickname

[Casehardened]

Hi and welcome to the forum,

Your situation is not uncommon (with a few detail differences) on the forum, but this is no help to you!

Do have a read through this link and (if you can bear to) have a look through the forum at similar stories and note how they generally pan out.

http://www.daftmoo.org.uk/mooforum/s...at-happens-now

[AmandaF]

Hmmmm...... that's the first time I've heard that course of action recommended!! The police, I believe, are out to find something they can use against you.
It's a worry I know but you will find info and support on here

[Rights Fighter]

Hi everyone.

.................................................. ..

I met a lady in a bar in London a few weeks ago. From the outset she was really drunk (I hope) and I by contrast was quite sober.

.......................................While she was using her phone I saw a message she'd sent to one of the people saying that she was drunk. (I didn't mention this to the police but I hope they'll see that message.)

Unfortunately that will not help your case. The police / CPS would say that because she was drunk, and you knew she was drunk as you admit to being sober, then you should not have "taken advantage of the situation".

They will say she was "too drunk to give consent".

Taking a video of her naked on the bed, asleep (or drunk) won't help either. She couldn't have consented to that, given she was asleep or passed out through drink.

It's not a good defence under these circumstances.

Re: Has the girl made a statement yet?

She must have made some sort of statement otherwise you would not have been interviewed.


Did your solicitor make you feel confident during your interview?

[I'minnocent]

Unfortunately that will not help your case. The police / CPS would say that because she was drunk, and you knew she was drunk as you admit to being sober, then you should not have "taken advantage of the situation".

They will say she was "too drunk to give consent".

Taking a video of her naked on the bed, asleep (or drunk) won't help either. She couldn't have consented to that, given she was asleep or passed out through drink.

It's not a good defence under these circumstances.

[/COLOR]

She must have made some sort of statement otherwise you would not have been interviewed.


Did your solicitor make you feel confident during your interview?

Hi, that's bad news. Unfortunately I didn't use the solicitor well as well. He didn't say very much and I didn't involve him very much either. I did a lot of talking in the interview. She definitely consented though. She actually found the hotel for us (I didn't know the area) and I'd also say she initiated the whole deal by the things she said. I thought she was more in control than she was because she seemed to know the area and she also told me quite a lot of things about herself in her conversation...

[Rights Fighter]

So possibly she cannot have been as drunk as you thought she was, when you wrote your post, if she was chatty and actually took you to the hotel herself. Maybe there is CCTV that will show her demeanour / walking capabilities.

Sorry if I came across as a bit abrupt in my first post - I tend to say things as they are rather than give false hope/advice.

If this does go to charge you might need to think about changing your solicitor.

[I'minnocent]

So possibly she cannot have been as drunk as you thought she was, when you wrote your post, if she was chatty and actually took you to the hotel herself. Maybe there is CCTV that will show her demeanour / walking capabilities.

Sorry if I came across as a bit abrupt in my first post - I tend to say things as they are rather than give false hope/advice.

If this does go to charge you might need to think about changing your solicitor.

It's good to hear your opinion. She was quite chatty yes. I don't drink very much or very often so I think I may possibly have underestimated her drunkenness. I don't think I could have misinterpreted her behaviour though. When you say think about changing your solicitor, do you mean for the second interview?

[Rights Fighter]

There may not be a 2nd interview of course.

If there is, you might have to have the same duty as before but I will find out for you, as others would be interested to know that.

[I'minnocent]

There may not be a 2nd interview of course.

If there is, you might have to have the same duty as before but I will find out for you, as others would be interested to know that.

That would be really helpful, thank you.

[Rights Fighter]

Answer:

So he can "sack" the duty (picked by the police so not his own choice) from the first interview if he feels they didn't show he had his interests at heart and that he would have to remain with the 2nd solicitor as "own client" from thereon in?

Was told that this is correct

[I'minnocent]

Answer:



Was told that this is correct

Well that's quite clear so thanks a lot for telling me that. I'll obviously check it out, perhaps 'test it out', at some point in the future. I'm increasingly thinking that I can't handle this alone as I have been doing. I'm considering telling the person I live with at home who's a relative. I think I'd get support from that person but I'm a bit worried about being embarrassed. I've also just remembered about another video (only one) I have on my phone that somebody could argue that I didn't get consent from the person being filmed and arguably they're right. The person wasn't naked or anything so they can't say the circumstances are exactly the same but it was definitely rude of me to say the least! I think I'm generally a very optimistic, practical and positive person, but I'm also a realist and you never know, despite the travesty, I might get charged...