New member - Advice needed please

[TorquayChris]

Hi All

I have just found your site, and am hoping I may get some honest realistic advice.

I was recently on a night out. On way home in early hours, met a girl outside a bar and started chatting. After a chat and a takeaway, she came back to my hotel. She had been drinking (as had I), and we got into bed. After a little kissing and consensual finger insertion, I feel asleep. Woke up later to find her asleep on floor. Woke her up and asked her if she wanted to use bed. She did, and she said I could get back in with her. Shortly after she said she had to go and left. No intercourse took place whatsoever.

Later on, police attend and arrest me for rape. Interviewed under caution with duty sol present. Explained to police exactly what happened, and that aside from previously mentioned, there was no sexual activity. Police again explained that allegation was one of rape and nothing else, and I states clearly that no intetcourse of any kind took place.

DNA has been taken from me, and clothes/bedsheets taken from room. Duty Sol says I have "absolutely nothing to worry about", but obviously still going out of my mind with worry.

Any advice as to what is likely to happen next would be gratefully received.

Chris

[Casehardened]

Hello and welcome to the forum,

If 'later on' was within a few hours the girl must have made the allegation almost immediately and therefore a medical examination should have established the absence of any of your semen internally (although if you ejaculated during the previous foreplay it cannot be ruled out and obviously your DNA will be present)

It is comforting that the duty solicitor sees no prospect of the case going forward but you are obviously going to continue worryingso have a read of this link:

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

[TorquayChris]

Hello and welcome to the forum,

If 'later on' was within a few hours the girl must have made the allegation almost immediately and therefore a medical examination should have established the absence of any of your semen internally (although if you ejaculated during the previous foreplay it cannot be ruled out and obviously your DNA will be present)

It is comforting that the duty solicitor sees no prospect of the case going forward but you are obviously going to continue worryingso have a read of this link:

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

Hi Casehardened

Many thanks for the response.

The FA came back to my hotel around 4am, and police have stated she is seen leaving on CCTV at around 8.30am. I understand that she made the complaint in the late afternoon. As far as I can recall, no ejaculation took place at any time during her "stay".

Police did remove underwear that had ejaculate on them, but this was as the result of a "solo act", sometime after she had left.

My concern is that I did penetrate her with my fingers, which was with consent, however this would also cause my DNA to be inside her.

Thank you again

Chris

[TBG1]

As always, I'm sorry that you've had to find your way here TC but, you will come to think that it's a good thing that you did. Take a read of other people's threads, you will see some that will bear resemblance to yours and find advice from there that you didn't even think of.


That said, you should also feel free to pose any questions you like and those of us on here that feel that they can contribute will do so - even if only in support.


With regards to your worry about your DNA being present from the "digital foreplay", to my mind (if present) this will only prove what you have already confirmed - that that is what happened. I would imagine (of course, I have no forensic experience) that evidence of semen (and DNA within it) is distinct from evidence of epithelial cells (and DNA within them) and should therefore show up as such.


My final thought is, that many cases revolve around 'consent' (i.e. both parties agree that intercourse occurred, but disagree on whether consent was given) and considering that you insist that intercourse never even happened, they will first have to prove that it did. If that cannot be proved, then (and again in my opinion only) it will surely be impossible to move on to the question of consent......which of course, is the cornerstone of a rape allegation.



TBG1

[TorquayChris]

Thanks guys.

I was actually arrested the next day, so presumably they would have already done samples on the FA. Assuming they didn't find any samples of semen, would they still have arrested me, and taken DNA samples?

I have an appointment with another solicitor this afternoon, so will post again after that.

Thanks for all the advice

Chris

[Casehardened]

I was actually arrested the next day, so presumably they would have already done samples on the FA. Assuming they didn't find any samples of semen, would they still have arrested me, and taken DNA samples?

An allegation has been made so, if it is at all possible that it could have occurred, it must be investigated and the logical way of starting an investigation is to interview the alleged perpetrator.

The arrest/fingerprinting/DNA sampling is standard procedure for current as opposed to historical allegations, so yes this would still have been done despite any doubts they may have.

[TorquayChris]

An allegation has been made so, if it is at all possible that it could have occurred, it must be investigated and the logical way of starting an investigation is to interview the alleged perpetrator.

The arrest/fingerprinting/DNA sampling is standard procedure for current as opposed to historical allegations, so yes this would still have been done despite any doubts they may have.

Thanks CH - appreciated.

[hello88]

i know i keep mentioning facebook ect on this forum, so apologise but i can't ignore the fact that i might be worth seeing if she has a facebook account and seeing if she is claiming to be in a relationship (if this is the case screenshot straight away, tell your sol but not the police) as this might be her reason for crying rape?

Although, i get the impression that they would soon know that you didn't have sex with her (me imagining woman going home to boyfriend/husband even and him questioning where she's been, she lets something slip and than cries out "Oh he raped me") - also if the police have seen cctv of her leaving the hotel did she look distressed?? if your 'name' indicated where you live than you are under the same police force as myself (well my OH is the one who is accused) and unfourtantly they seem to have the attitude that if they don't think you're guilty they but you at the back of the pile and "deal with the more serious cases" first, hence why we're 6 and half months down the line.. probably not what you wanted to hear, but please keep strong, and keep us updated.. (quick question, has your computer/mobile phones be seized as this is what is making the delay in our case??)

[TorquayChris]

Update

Hi All

Firstly, I hope everyone has had a good Christmas, or the best you can in the circumstances. Mine has certainly been a lot of mixed emotions.

Secondly, thanks to all who have responded so far. It makes it easier knowing that I can come on here and vent, and that there are people to listen

So, situation now is I had an appointment with a solicitor last week. He seemed to follow the thoughts of the duty solicitor, and said that he doesn't think I have anything to worry about. However I have a couple of concerns....

1) Are the police/cps likely to pursue a rape allegation if there is no evidence of intercourse (we did not have sex, so I am assuming that DNA will work in my favour)

2) FA apparently made no mention to police of "digital insertion", although this did take place with consent, and I informed police of this in interview. If police decide no evidence to pursue rape, could FA conceivably make a new accusation of insertion without consent, and would the police be likely to follow this up?

Thanks to everyone again for your support

TC

[YearsOfHell]

Hi All

Firstly, I hope everyone has had a good Christmas, or the best you can in the circumstances. Mine has certainly been a lot of mixed emotions.

Secondly, thanks to all who have responded so far. It makes it easier knowing that I can come on here and vent, and that there are people to listen

So, situation now is I had an appointment with a solicitor last week. He seemed to follow the thoughts of the duty solicitor, and said that he doesn't think I have anything to worry about. However I have a couple of concerns....

1) Are the police/cps likely to pursue a rape allegation if there is no evidence of intercourse (we did not have sex, so I am assuming that DNA will work in my favour)

2) FA apparently made no mention to police of "digital insertion", although this did take place with consent, and I informed police of this in interview. If police decide no evidence to pursue rape, could FA conceivably make a new accusation of insertion without consent, and would the police be likely to follow this up?

Thanks to everyone again for your support

TC

Hi TC

Unfortunately, there are no certain answers to your questions.
The bottom line is we just don't know what will happen.

Some very weak cases have been dragged through the courts and then unanimous not guilty verdicts received and other cases have been NFA early on in the "game".

You really can't second guess the next move, and you will drive yourself bonkers trying!!
In my OHs case, the alleged victims and their families were so adamant that they were telling the truth and pushing for their case be heard that I was sure it would go all the way. But my OH was given NFA last month after nearly a year.

Try not to panic. Ifyou are charged, and you may never be, then the best advice is get a specialist solicitor and fight it. Until that happens there is not much you or a solicitor can do.

Trust your innocence and hang in there.

Keep positive!

YoH