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Wrongly accused, desperate for help.

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  • Wrongly accused, desperate for help.

    Hi,


    Last Saturday (01/09/07) I was arrested under suspicion of rape. I had been out drinking all night at a work party in Peterborough town centre; I left the club alone at around 3.30 am. Upon arriving at a nearby taxi rank I rang a couple of friends to see where they were but got no response. I was about to get into a taxi when I saw an ex girlfriend of an old friend who I hadn't seen in about five years.

    She was sat against a wall on her own, at the start of an alleyway; she was looking about as worse for wear as me. I sat down next to her to check she was alright. She said 'she was' and we started chatting, just small talk and got onto the conversation of what she'd been up to these past four or so years. I remember her essentially saying that she didn't think I'd 'recognise' her and that she used 'fancy' me. I also remember her been quite down about something. Briefly putting it; I got with her and we fooled around in the alleyway near to where she was sat.

    On a drunkenness scale of 1-10 I would say I was about an 8 or 9, she would have been similar. My memory of the night goes from patchy to vivid.

    At some point after this, the time now being about 3.54am, I felt my phone go off in my pocket. It was my girlfriend, I don’t recall answering it (I only remember been aware that she had tried to ring), but my girlfriend is adamant I did in fact answer. Now feeling quite sober, and guilty about my infidelity I left abruptly, without saying goodbye and wanting to avoid any further encounter with the girl jogged five-ten yards into the nearest taxi.

    After been arrested I was kept in a cell for about 6 hours before being interviewed. When I was interviewed (with a duty solicitor present) I was still in shock about it, it had not even occurred to me that it was this girl filing charges against me, I genuinely do not even recall having sex with her.

    And this is what I told the police in the interview, that I am pretty sure I did not have sex with her, as sure as I can be, that I did not have any condoms and this would have dissuaded me from having sex also, and that she had been giving consent to all our actions.

    My solicitor was happy with the way the interview went, however, in the interview I did state that she pulled her hand away from my penis after I had placed it their, he believed that the police will understand this as an issue with consent. And that if forensics do indeed suggest I had sex with her then I will more than likely be charged. I am now terrified my entire case rests on a few poorly chosen words. I have also since found out that the solicitor provided (while he seemed capable to me) specialises in driving offences (will this effect my chance).

    The alleyway was well lit, and has good CCTV coverage, even though most of our actions took place in a shielded doorway, people were walking past at regular intervals. The girl apparently has no marks or bruising on her, I have no marks either. I have no previous record and am in a serious relationship. Also the arresting officer said 'it bodes well' as my clothing doesnt accurately match what had been described. And the time it is alleged the rape took place was between 4am and 4.20, and my mother says she remembers me getting in at around 4.10, after a fifteen minute taxi ride form town (so the time doesnt match either). My solicitor believes all these things work in my favour if it were to go to the courts.

    But I am terrified of it even going that far, I have played the incident over in my head a thousand times and am no closer to remembering if I had sex, I still believe I didn't, I know it would be no use to lie about it if I did as forensics would prove it. I fear the worst, I am in search of advice, should I get a more specialised solicitor, what chances are there of me being convicted if I go to court.

    I apologise if I have given too much detail, or not enough, writing something like this is both difficult and something I'm nott used to.

    I am petrified of telling my family and girlfriend how serious the case is. I am on bail for one month. Maybe I'm paranoid or going over the top but I see know way out of this and (bar this website) everything else I read or research seems to be stacked in favour of the 'victim' and condemns me further.

    Any help is appreciated.

    Thank you
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