Been accused of historical rape

[delboydezza]

Good afternoon

I have recently been accused by my step sister of historical rape, she has also teamed up with her other sister in these claims.

As you can imagine I feel sick to my stomach I would of been under the age of 15 as I left home at this age.

She herself has lost everything she is a drug taker and left her own children a few years ago to be with another man I belive she is intent on ruining everybody else's lives as she has nothing left.

What I can't understand is how she has teamed up to get my other step sister involved who has in turn made a statement against me.

I am totally innocent but this is not the first time she has accused some one she went to court accusing her older step sisters husband of rape which subsequently was thrown out of court as she was lying.

She has also accused my mums new husband of doing things and also another step brother from her side of the family has also been accused of sexual abuse historically.

I have not yet been seen or heard from the police apart from officers coming to my house asking for my details and everyone in the houses details. They just told me that the police from another area was looking for me.

I am in contact with my mother who knows the pair are lying and she is going to back me up 100% but as you can imagine I'm sick with worry I have 2 beautiful children and a fantastic partner and I'm scared what's going to happen next so any advice would be amazing thanks

[Peter1975]

Welcome to DM Delboy, although I am sorry you find yourself here. I hope we can be some comfort and support.

It seems obvious but you need to be lining up a good solicitor as you are likely to be invited for a voluntary interview.

You say that your step sister has previously made false allegations - unfortunately there is a huge legal difference between unproven claims and claims that were proven false - However, you should gather all of this information together in a timeline and provide it to your solicitor prior to interview.

You say also that another step sister has been involved and you see no reason for this? - It's possible that she has been lured by a few grand in criminal injuries compensation but more often, I see some family resentment or grievance behind allegations and for this you need to be honest with yourself and your legal team. - It doesn't always take a lot for a simmering resentment to grow and manifest in false allegations.

Have a look at Casehardened's thread, what happens now? as a starting point.

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


Try not to panic. Very few of these cases proceed to court and even less result in a conviction.

[delboydezza]

Hi Peter thanks for the reply

Yes we are not a vert close family I have gone years without speaking to both of them and recently the actions of the main accuser taking drugs and having her new baby taken off her for drug abuse and domestic violence has made me distance myself even more.

Again you could be right I am very happy in my new life and I see this as a chance to ruin my happiness. I will get onto a solicitor in the mean time.

Again its just the waiting and worrying.

[soulbug]

Hi Delboy,welcome to the foum, one thing that might apply in your case is Dolic Incapax, you mentioned you would of been under 15 years old or younger at the alleged time of the offence, depending on which year these allegations are from and if you was under the age of 14 at the time, then Doli Incapax maybe very important factor in your case.

I believe Dolic capax age was changed at some point in 1988, so if the historic allegations is 1988 or before and you was under 14 it might well apply.

Below is a quick link I found for a recent Doli Incapx case.

https://www.2harecourt.com/training-...ual-offending/

[delboydezza]

Update

Hi Delboy,welcome to the foum, one thing that might apply in your case is Dolic Incapax, you mentioned you would of been under 15 years old or younger at the alleged time of the offence, depending on which year these allegations are from and if you was under the age of 14 at the time, then Doli Incapax maybe very important factor in your case.

I believe Dolic capax age was changed at some point in 1988, so if the historic allegations is 1988 or before and you was under 14 it might well apply.

Below is a quick link I found for a recent Doli Incapx case.

https://www.2harecourt.com/training-...ual-offending/

So just an update I've heard nothing until today when a Social Worker came knocking unannounced wanting to speak to me and my children, she stated due to accusations she needs to do an assessment which will involve talking to my children and step children also speaking to my daughters school and doctors etc, I have now contacted a solicitor who has contacted the DC who is dealing with the case and hope to hear from him in the next hour. Again I'm sick with worry as this is now affecting not only me but my children as you can imagine I'm not happy at all.

[delboydezza]

So just an update I've heard nothing until today when a Social Worker came knocking unannounced wanting to speak to me and my children, she stated due to accusations she needs to do an assessment which will involve talking to my children and step children also speaking to my daughters school and doctors etc, I have now contacted a solicitor who has contacted the DC who is dealing with the case and hope to hear from him in the next hour. Again I'm sick with worry as this is now affecting not only me but my children as you can imagine I'm not happy at all.

Another Update I've now been invited to a Voluntary Interview on Friday I am a nervous wreck this past few months have been terrible not knowing what the hell I'm being accused of but I guess I will finally find out on Tuesday, I've had a lot of backing from my mother we have evidence of previous accusations of other family members and have also got a man on my side who was accused by her some years ago but got found not guilty as she changed her statement numerous time in other words she was lying. Wish me luck I'm hoping this goes no further than the interview as I've also evidence of me and my sisters over the years in happy times together ie: photos, texts, Facebook comments etc I have them all screenshot. As I said this is 100% money oriented she is only doing this for the criminal compensation

[Peter1975]

Another Update I've now been invited to a Voluntary Interview on Friday I am a nervous wreck this past few months have been terrible not knowing what the hell I'm being accused of but I guess I will finally find out on Tuesday, I've had a lot of backing from my mother we have evidence of previous accusations of other family members and have also got a man on my side who was accused by her some years ago but got found not guilty as she changed her statement numerous time in other words she was lying. Wish me luck I'm hoping this goes no further than the interview as I've also evidence of me and my sisters over the years in happy times together ie: photos, texts, Facebook comments etc I have them all screenshot. As I said this is 100% money oriented she is only doing this for the criminal compensation

I am sorry to hear that things have progressed to a voluntary interview. Make sure that you go armed with as much information as possible and make the most of your solicitors time prior to being interviewed, a written statement may be helpful but decide this with your solicitor.

In my experience, familial resentment is far more common as a motive for making a false allegation than mere money grabbing and I would urge you to be cautious about offering this as a defence; the sums involved for CICA payments, although not pocket money, are hardly like winning the lottery.

A potential jury is going to think like the majority of people; every single person that is genuinely a victim of sexual assault is entitled to criminal injuries compensation and the sums involved are paltry if you consider for example, a genuine victim that suffers PTSD, drops out of education and loses the opportunity of well paid work.

I have to say that this defence is not one that has been successful as far as I can see. please consider a genuine victim and whether the fact that they are entitled to compensation should be a reason they shouldn't get the justice they deserve and whether a potential jury in your case would accept this as reasonable doubt when there might be better defences -

Work closely with your solicitor. Be honest with yourself.

[Franticwithworry]

Hello, delboydezza, I'm sorry to learn that things are escalating for you.

While I agree with Peter that compensation is generally not the most important factor in family accusations by any stretch, (those solely after money generally go after institutions, where payouts can be in the many ten's of thousands), and the amounts offered by the CICB are relatively small, when an accuser has nothing, the prospect of a few thousands can seem a great deal to them and be what tips things over the edge into a full-scale report and an escalation of detail to justify claimed detail and trauma. As I say, money is rarely the sole motivation but it may be part of it and if it's possible that it is, your solicitor should know. Most good solicitors will want to explore every possible motive and get a full picture, so don't be afraid to suggest this to him/her but be sure to find a good one and be guided by them.

A good solicitor with experience will benefit from having as much detail as possible regarding family relationships and possible motives and will discuss with you what is beneficial to your case and what is not.

[Peter1975]

Thank you for your ever wise input Frantic, A thousand apologies as I seem to be making my points rather badly lately,

All information should be given to your legal team and I didn't intend to imply that monetary compensation should be discounted as a motive, I can think of a handful of cases where a few quid seems to have been a factor - The case of Jemma Beale is a high profile example.

However, my point is that this is not a good defence on it's own - if it was, the conviction rate would be close to zero as every complainant, genuine or not, could be smeared with the money grabbing tag.

Your legal team need every bit of information that you can give them and as difficult as it is, you need to try and take a neutral view of your case, which doesn't just mean picking holes in the prosecution case ( although those holes can be important ) - you have to recognise where the prosecution have their strengths, the better to be prepared to counter them.

[Franticwithworry]

No apology needed, Peter1975.