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Advice on steps you should take if you are falsely accused. (Based on my own experience)

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  • #31
    Dude

    Originally posted by Itsnotallbad View Post
    Hello users,

    I recently posted that after 2 years I have been acquitted of 2 sexual assaults. I'd like to share some steps I took that ultimately helped secured my aquittal.

    Some background info on me:

    In 2014 I was arrested at university. I was arrested at 6 am in my halls by two officers of suspicion of 2 sexual assaults. I was bailed to my home address and had the difficult task of explaining to family what had happened. 12 months later I was charged and 7 months later I was put on trial. After 5 days the jury unanimously found me not guilty in under 90 minutes.

    The following points are based on my last 2 years dealing with the police, cps, courts.

    DISCLAIMER: this is not legal advice. It is advice based on personal experience. Always seek out legal advice first.

    1. Say nothing to any police officer outside of the interview room. Stay silent and only answer questions from the custody sgt. From the moment you are arrested the game is on and they want to catch you out.

    2. If possible organise representation by ringing a loved one who can contact a local solicitor. I know the police will supply free legal advice but the solicitor who I was given told me to admit everything or face going to prison for 15 years and was very friendly with the DC on my case. Therefore if you can pick your legal help you can safeguard against the bad apples.

    3. If you are bailed have your solicitor fight your corner on the conditions as to minimise the impact of it.

    4. As soon as you are bailed the first thing you must do is to gather close family and friends around yourself. Create a support network as the process that follows is long and hard. Be transparent with them.

    5. Next, now knowing the accusations being thrown at you, write your version of events out, include every minute detail. Collect all possibly relevant evidence from your electronic devices as well as all social media accounts. Take pictures of any bruises of physical marks that relate to your case. The collection of this kind of evidence is something the police won't do unless is suits their case.

    6. Now is the time (once you have collected everything you can find) to take the evidence and your version of evidence to your chosen solicitor and discuss everything thoroughly. Ask them any questions about the process and the do's and don't's.

    7. Keep an eye out on all social media platforms for any incriminating behaviour by the accusers.

    8. Expect to be waiting a long time. The CPS is useless, in my case the caseworker on my file went on holiday the week before the trial without finishing the paperwork for the prosecuting barrister!

    9. Routinely have your solicitor ring the DC in charge of your case. It's your right to know the progress of the case. I usually rang every 3/4 weeks.

    10. The hardest point will be waiting. Its horrendous not being to move forward with your life and just relax. It will be hard and it will take its toll. But by this point you need to realise that you are effectively at war with the police and cps. Never back down, find support from your family and other pursuits (education and work).

    11. If and once you are charged you will receive the case file for the prosecution's case on you. It is your right to read this. READ EVERYTHING. It will be hard and daunting but in order to defend yourself you need to know your side of the story and their side.

    12. Once you have read all of the witness statements you should write down every point of the witness statements that you think is wrong and write down why. This forces to you to think through the case and also helps the barrister that represents you understand the case more.

    13. If you are on legal aid you CAN choose your own barrister. DO YOUR OWN research on barristers and also ask your solicitor for advice. Most work on legal aid. Write a list of 5 that you are interested in and then get your solicitor to see if they are interested.

    14. If possible, once you have a barrister,set up a conference with them ASAP. Go to this meeting prepared as it will be one of the few in depth meetings you have with them. Take all evidence you have and your own typed up version of events and challenges on the witness statements. You need to do everything you can to make sure your barrister has everything possible to defend you.

    15.You will have 2/3 visits to court before your trial. Don't fear them,use them to scout out the prosecutor hired to take you on. Get their name and research them afterwards. Take in your environment and try to not be overwhelmed.

    16. The day of the trial will arrive eventually. Make sure you are dressed well, have your hair cut smartly and come across as decent member of society. The jury are there to judge you and the first thing they do is look you up and down when you are in the dock.

    17. Make sure you understand the process of the trial so that nothing shocks you.

    18. REMEMBER the jury and judge will always keep an eye on your reactions. React to nothing,do not smile or be upset. Keep your self control and show nothing.

    19.Bring your support network! The jury will see that you're being supported which will paint a more positive picture of you in their minds.

    20. When you are giving evidence make sure you are prepared. Revise your version of events. Reread until its second nature.

    21. When giving evidence show your defence and prosecution respect. Address them appropriately and clearly. Try your best not to get angry or go off on a tangent. Stay on topic. Break up your passages of talking with sips of water to allow you to think briefly before you speak.

    22. If you acquitted then make sure your solicitor contacts local news papers to inform them of the verdict. If you have been reported on before the trial this is your moment to make sure everyone knows you did nothing wrong!

    All I can say to finish is keep your head up, don't back down to the gravity of the situation. If you aren't happy make it known, if you don't understand then question!

    I hope this helps in some way. Regardless,

    Good luck!!!
    Thank you for sharing your story and advice. I have been falsely accused (when I was a minor) of s assault and it felt like an emotional sentence even though I barely did anything. It's nice to know there are others too out there like myself

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