False allegation

[Utter Devastation]

Hi lm new on here but what has happened to me isn't,over 4 years ago my step cousin messaged one of my siblings telling her that l was supposed to have raped her when she was 9 and l was 16.
2 years later another message to another :ie my youngest daughter 22 telling her lm a molester and that as soon as my father passed away she is going public about it.
I was advised to ignore her as she was a druggie and a headache so it was hard but l put it behind me although it still stayed with me,getting to the point this girl 2 weeks ago posted publicly on her Facebook page all of what l just mentioned but put it as her friend was the one who was abused by her step cousin and that the time for everyone to know about it is coming,lve since been told she took it down after her daughter told her to remove it.
My father is very I'll and her false allegation that she is aiming at me is apparently being made as soon as he passes.
I'm utterly devastated because its total fabrication,you see this same step cousin 10 years after lived in the same 4 addresses that l lived in one with my partner of 35 years and was friends with us up until we asked her and her boyfriend to move out because they used us like a free hotel.
Anyway where lm going with this is when she was 9 1967 l was 11 1965,as lm only 2 years older than her,in fact when she was 9 l dont remember her being at my parents house,this would have been 1976 going off her saying she was 9,all my family are saying ignore her she is a nutcase and blatant liar,l dont know what to do,lve thought about going to see a solicitor for advice should she go through with this threat in the coming days or indeed when my father passes away but my family are saying leave it to see what she actually does do,any help with this will be gratefully received,thank you.

[Peter1975]

Hello and welcome to DM, UD.

I can understand how you must feel, words fail us all when it comes to describing the depravity and complete lack of empathy and remorse of a false accuser - some are mentally ill and some are just plain evil for lack of a better word.

It sounds like you are seeking some advice in order to be prepared should she make good her threat, ( In no particular order...)

1) write everything down in a timeline. Your history and her reasons for holding a grudge are important to your defence.

2) try and get screenshots if she posts anything else on social media, share them with a solicitor and not the police unless you are given legal advice to do so. Any other evidence such as texts, emails photographs etc should be backed up and kept in a safe place.

3) Get some legal advice. It's always good to know who you will call if the need arises, There are some highly recommended sols on here should the police ask to interview you ( An arrest is unlikely these days, voluntary interviews by appointment being much more the norm. ) - See the thread and google map for one in your area or you can ask.


4) Keep things in perspective, You clearly have the support of friends and family that don't believe this nonsense for a second and although the police will have to investigate if they are alerted ( as they should ) there is every likelihood they will see her as an "unreliable witness" and the most that will happen will be an interview under caution with a solicitor present


5) Stay healthy and busy. Don't let this eat you up.


Keep posting for support.

[Casehardened]

To add to Peter's excellent and informed advice, if she does go ahead with the allegation that you raped her when she was nine it is likely that the principle of Doli Incapax will come into play (as you mentioned you are only two years older than her and she was nine in 1967 [or 1976?] )

This may give you some assurance should she actually go ahead with her threat, though sadly it won't help with the stigma arising from the social media assault.

Our valued member, Soulbug, has researched this topic in the link below:

http://www.daftmoo.org.uk/mooforum/s...0-Doli-Incapax

[Peter1975]

Thanks CH,

I did think of mentioning doli incapax ( for once!) but didn't want to complicate matters!


In addition to this, prior to 1993, a boy aged 13 or under could not be charged with rape as they had an absolute rebuttal in law - So the most you could be charged with is indecent assault which carries a far lesser tariff.


The law was changed because it had to be recognised that in rare cases boys as young as 10 can be capable of rape although the law is not retrospective. This doesn't mean that say a 12 year old that committed rape in the 1960's can't be charged but rather that they can only be charged as the law saw them at the time.


The law is basically designed around two things and the prosecution having to prove them, actus reus ( guilty act ) and Mens rea (guilty mind) - Doli Incapax means that the mens rea must be proven to a jury separately to the crime itself, in other words, it's not just the guilty act that must be proven but that the defendant knew what they were doing was seriously wrong and not just naughty... rather a tall order for a prosecution.


The likelihood of you being charged for this is extremely low but I will encourage you to continue to be proactive and on the front foot in your defence.

[Casehardened]

Thanks for that clarification Peter, an excellent explanation, and I think it is worthy of being added onto Soulbug's thread for future reference