Falsely Accused - Should I be worried?

[thesheepeh]

Hi all,

A couple of weeks ago I was woken to the pleasant surprise of 2 police at my front door and 2 more at my back! Lovely way to start the day. I spent the next 12 hours in custody as i'd allegedly been accused of rape.

What happened was I slept with my ex (Who has a new partner) at my mum's house. My mum saw us both in the morning. Ex even told mother that she loved her (They always had a good relationship). Fast forward a week and i'm being arrested for rape.

The police have my phone on which there are many text messages between us discussing the sex we had, including how it was etc. I even had the accuser's father send me a threatening message on facebook - which the police were not bothered about at all even though I was (And still am) scared for my safety.

The ex has now also left the country for a year, while i'm on bail worried that i'm going to be charged.

Should I be worried? And will there be any consequences to her for falsely accusing me?

Thanks.

[thesheepeh]

I thought I should add that the police are analysing my phone "in house" according to my solicitor, apparently they usually send them away for analysis.

Is that a good sign?

[Casehardened]

Hi and welcome to the forum,

As the alleged incident took place at your mother's house I would say you are better placed than most members in regard to getting a NFA (unless of course your mum is profoundly deaf or has prior for PCJ!)

This doesn't help with the stress of the arrest and interview though:

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

It would be useful to analyse her motives for making the accusation; are there child custody issues or a dispute over division of property and assets?

[thisisinsane]

Hi and sorry you had to find us. The answer is yes. Unfortunately you do have to worry, no matter how ridiculous the accusations and how much evidence you have. It maybe worry is the wrong word, just take it very very seriously.


Girst stwps you should take:
If you have any evidence proving or supporting your innocence do NOT hand it over to the police. If it goes the ling way to trial they will use it against you as they confront the accuser and she's allowed to change her story as many times until it fits the cps ideal.
Keep electronic evidence in a safe place, eg usb stick in a friends place or your parents.

Save any electronic messaging history you have with her and back it up, eg Screenshots, msg history etc.
Also I'd suggest you write diwn all your history you had with her including dates and witnesses etc.

This is the emergency advice i can offer you for the beginning, if you have questions concerning legal matter roghts fighter will be able to support you.

Hang in there... It's hard but dont let it take over your mind too much and dont spend too much time alone. ...

[thisisinsane]

How old are you and the accuser? Just give a rough frame please

[thesheepeh]

I'm 25 and she's 23.

The motive is that she didn't want her new fella to find out - i'd told her I was going to tell him as I felt he had a right to know. Next thing I know i've apparently raped her. I informed the police in interview that that was her likely motive.

I was given a bail date exactly 1 month from the arrest date - does that mean anything?

Unfortunately I cannot make any backups of electronic communication as the police have my phone which contains all the text messages etc.

Thanks for the help so far, guys. It's greatly appreciated.

Also, her story wasn't even correct in the first place. She said we'd been out together that night (Which we hadn't - I have multiple witnesses to backup the fact I was playing videogames with them until around 11pm on the night). She called me at about 11.30pm wanting to meet up and we headed straight to my house after meeting near there.

[thesheepeh]

Another thing - My solicitor informed me he thinks the most likely outcome (After speaking to the police) is that she's going to be charged with attempting to pervert the course of justice, if what I told the police about the text messages on the phone is true.

Luckily I've got a fantastic solicitor as my mother is a high ranking employee of the court service, so he's doing her a favour and taking my case on for free.

[edinguy]

Another thing - My solicitor informed me he thinks the most likely outcome (After speaking to the police) is that she's going to be charged with attempting to pervert the course of justice, if what I told the police about the text messages on the phone is true.

Luckily I've got a fantastic solicitor as my mother is a high ranking employee of the court service, so he's doing her a favour and taking my case on for free.

I’m glad you have a sol helping you out and giving advise at this early stage, many times they won’t really go into anything with you until you have been charged so this should at least help with the many questions and fears you will have.

From what you have posted so far it does look like her version of events is very questionable indeed and if the texts and mum’s back up your claims then I can’t see how this could go further than this, that being said no one really knows what any outcome will be as only you and your sol will know all the ins and outs of the events that transpired.

Waiting is the worst part of all of this, no one ever seems to be in any rush to give the accused any answers or time frame over any of this. Stay strong.

[Casehardened]

As the alleged incident took place at your mother's house I would say you are better placed than most members in regard to getting a NFA (unless of course your mum is profoundly deaf or has prior for PCJ!)

Luckily I've got a fantastic solicitor as my mother is a high ranking employee of the court service, so he's doing her a favour and taking my case on for free.

Obviously my previous remarks about your mother were tongue-in-cheek but in view of your clarification it is apparent that she will be a very credible witness if necessary.

Coupled with the obvious motive for the allegation I think you have nothing to worry about (but as Thisisinsane mentioned continue to take it seriously)

[thisisinsane]

I doubt she will be charged with pcj its rather undesirable case for their statistics. The current social climate is that every "victim " is a genuine victim. Women's rights group have contributed with campaigns like (only 0,x percent of rapists are found guilty " etc..... assuming no woman would ever lie about sth like this. Well surprise. ... some do.

But its socially unacceptable to remind peple that :victims " might be liars too.
Doubt cps wanna have that in their statistics

[thisisinsane]

Your mother being a court employee will add to her credibility and you should benefit from this.