Help

[Sideboard2019]

Hi,

I have been recently been arrested and am on bail. My world is falling apart because an ex has mad a false allegation of rape against me, which is completely untrue. The police searched my house and have taken all of phones, laptops etc. I have some questions and would be grateful of a steer.

I'm looking for a recommendation for a good lawyer in the Kent area. There are so many lawyers out there and I don't know what to do. I don't have any savings but have a reasonable job. What should I do in respect of my employer? The police confiscated my work laptop and phone and whilst I have a solution in place to cover my work laptop, it wouldn't take much to identify that the laptop i'm using is not my works. My work phone is my main concern. I'm scared that my employer may judge me and i'm up for a small promotion and don't want to be wrongly labeled. I think I could lose my job if they found out despite the fact i'm innocent. I have suffered years of financial abuse and pressure from my ex. She has also taken some of my things from my house without my permission. Should I report this to the police.

I just can't believe any of this is happening. Sorry I know there are other people on here, only I have everything to lose and yet my accuser gets guaranteed anonymity and has nothing to lose! This is how it should be for genuine victims but she is not and is setting out to maliciously ruin me.

I'm bailed to appear back at the police station soon. Could they arrest me again at that time and should I take a lawyer with me?

Thank you for reading this.

[Peter1975]

Hello and welcome to DM, although I am sorry to hear of your situation.

You don't say whether you had a solicitor present when you were arrested and interviewed? You certainly need legal advice which may give you some reassurance.

The best person I would recommend you speak to is Harvey Fox who is the police station advice co-ordinator for Freemans solicitors in London; I can personally attest to them having a brilliant group of solicitors with a fantastic record of success in these groups .

https://freemanssolicitors.net/team_members/harvey-fox/

Although London may seem a bit far, the majority of communication is done via email these days and it is whether the firm can cover a potential trial or further interviews on legal aid that is more important.. Although you may still have to make a trip or two to London, I can't recommend anyone better closer to Kent and if Freemans can't help, Harvey may be able to recommend someone that can.

Some of our past members have recommended their solicitors but I would be reluctant to put them forward on the basis of a single case ;

They can be found on this google map which is based on this long running thread ;

http://www.daftmoo.org.uk/mooforum/s...ist-solicitors

It is very unlikely that you will be arrested on answering your bail as the police can only arrest for specific reasons and more likely you will be rebailed or simply released pending the investigation but instructing a solicitor to work on your behalf should give you some peace of mind as the police should give them advance warning if they wish to question you further.

You should certainly have a solicitor with you when interviewed and it is not recommended that you speak to the police without one.

Unfortunately, while everyone is entitled to a free solicitor when being interviewed regardless of their means, there is no legal aid for advice outside of the police station unless you are charged with an offence.

You know your employer best but I have to warn you that the minimum time for police to return devices is about 3 months and so you should think about telling them rather than them having to come to you.

It might be wise to consult your employment contract and/or an employment solicitor. ( You should be able to get a half an hours free advice, Freemans used to offer this service and hopefully still do ) If you have worked for the firm longer than 2 years then you should be afforded a certain amount of protection. If you have a union they may be able to help.

If she has taken your possessions then it is technically theft but reporting her to the police would possibly require some proof of ownership, could antagonise the situation further and could also be seen as a petty act should your case come to court which a jury could frown upon; why did you not report her stealing from you at the time? I really wouldn't unless the items are valuable and even then, I would think carefully and take a solicitors advice first. ( I am not at all sure that this could even be brought up at trial unless she was convicted or admitted the offence - )

Only a very small percentage of these kinds of cases progress any further than an investigation but an investigation can often take many months so please speak with a solicitor, look after yourself, keep busy and gather support from family and friends that you can trust.

You may find Casehardened's thread "what happens now" useful;

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

[Sideboard2019]

Help

Hi Peter,

Thank you for your words and recommendation.

I had a duty solicitor present at my interview, which was last Sunday.
I have emailed the arresting officer this afternoon and have requested a copy of the interview.

Every time the door bell goes I think it's the police again.

Nothing adds up about her story. My ex alleges that the incident took place in the last quarter of last year Oct- Dec. I helped her move out of my home in December and we also met up this year again in January. if i'm this person that she says I am then why allow me to help her move out knowing that I would know her new address and why allow me to take her out in January to see her son perform in a play!

I don't think I could tell my employer at this stage but I will be taking advice as you suggest from a lawyer.

Thanks again for your words.

[298]

The employer part is difficult, as due to the time the police will have your laptop and phone its likely that you will need to tell them.

However I would recommend getting some legal advice to 'get all your ducks in a row' before telling them.

Dependent on what work you do size of business & individuals some businesses will suspend you with immediate effect until they can satisfy/understand their own legal position.
This isn't a criticism of you its just that they don't have other options.

To have knowledge of your legal position at this point and a legal type person you can point them at is going to be useful.

Sad that she has decided to tell lies but as you have said there is little comeback on her and the police will need to disrupt your life for a while to follow procedure and prove she intended to pervert the course of justice before dropping the case against her.

look after yourself

1

Hi Peter,

Thank you for your words and recommendation.

I had a duty solicitor present at my interview, which was last Sunday.
I have emailed the arresting officer this afternoon and have requested a copy of the interview.

Every time the door bell goes I think it's the police again.

Nothing adds up about her story. My ex alleges that the incident took place in the last quarter of last year Oct- Dec. I helped her move out of my home in December and we also met up this year again in January. if i'm this person that she says I am then why allow me to help her move out knowing that I would know her new address and why allow me to take her out in January to see her son perform in a play!

I don't think I could tell my employer at this stage but I will be taking advice as you suggest from a lawyer.

Thanks again for your words.

[Peter1975]

Well put 298,

You may have a duty to disclose an arrest to your employers and not doing so could be a breach of your contract in itself or be seen as dishonesty.

Expert case specific legal advice is always the way to go.

Someone posted about "the knock" a while back and you are certainly not alone in feeling anxiety which can last a good while. Being arrested and interrogated for something you didn't do is traumatic and there is no shame in asking for help from your doctor and maybe seeking out some counselling to help you through.

Keeping yourself busy is often recommended to keep the dark thoughts at bay.

[Sideboard2019]

Help - Update

Hi, I thought i'd update everyone on this as my bail and the conditions have been cancelled and I am instead released under investigation.
What does this mean? I'm trying not read to much into this but I guess they could have extended my bail.

All of this is starting to take its toll on me. I have a good support network but the question that is eating me up is why and how can someone make up something like this and not be hold to account for it. This person has a historical track record of making other serious allegations to the police about other people. Will the police be aware of this, or should I remind them of this?

As I am now under investigation rather than on bail the police can take as long as they want but what is reasonable? 3 months, 6 months a year? Meanwhile my life is on hold. Part of me thinks this is a deliberate tactic by the police to make their figures look good, by not recording as a NFA because it didn't happen! I know they have a job to do and I want them to be thorough but equally I want them to prosecute her for her false allegations. I read the CPS guidance on FA's and courses of action open to the police. I couldn't believe it as it is totally weighted towards the claimant (she is not a victim) and if they consider that she has mental health issues, which I think she must have then they are even less likely to prosecute her.

I'm scared everyday that my employer will find out and that my reputation will be destroyed. I am under no contractual obligation to inform them but this is seriously affecting my work. I can't sleep, the pressure is unbearable and I have recently had suicidal thoughts.

It's really tough at the moment but I wanted to thank those who run this site and for everyone else on here, keep going.

[Franticwithworry]

Hi there. I'm sorry that things are taking so long for you and that you have now been RUI. At least on bail you had a date for an update to look forward to. Unfortunately, RUI is the police response to being held accountable for having people on bail.

It's awful, I know, to have no answers and no end in sight and the question that eats you up is one that has a good nibble at most people in this situation. Hopefully, the tide is turning a bit and there will be more people held more accountable over time, but at the moment all we can do is wait and hold each others' hands in virtual space.

It's good that you have no contractual duty to inform your employer of your situation, though it can be isolating in that you get no support from that quarter. My man had no duty to report either but he did confide in his immediate manager - had no choice because the police confiscated his work equipment so he had to explain where it went - and he was nothing but supportive and mentioned it to no-one else.

Please, have a word with your doctor and see if you can get some help for your mental health. Suicidal thoughts are exhausting if nothing else and can morph into something more so easily. Please consider calling the Samaritans if you need immediate help. Please also try not to worry at this stage about what or what cannot be done to hold your accuser to account. As you are painfully aware, everything is stacked in her favour and frankly, at present, you have more important things to spend your energy on. Yourself. Please take comfort from the fact that the more people are becoming aware of the issue of false accusation, the less likely you are to find your reputation ruined and more likely to find sympathetic ears. It seems to me that everyone I meet these days knows someone who was falsely accused and understands the horror that they are their families go through, or at least tries to.

The best I can suggest is to strap in for the long haul. A year is not uncommon and it could easily be longer. Any less will then be a pleasant surprise.

I hope you have a friend in 'real life' you can confide in but there is always support here as and when you need it.

[Sideboard2019]

Update - Good News

Three weeks ago, I participated in a CPS consultation paper on "Released Under Investigation", (RUI).
RUI was bought in 2017 as Police wanted more time to investigate criminals and the existing system of being released on bail for 28 days and then being charge or released didn't give them enough time to investigate crimes. There has been mounting pressure from charities, support groups, the Law Society and MP's to review RUI as it left all genuine victims of crime and those accused in limbo as there are no time constraints placed on the Police to conclude their investigations.

The consultation paper seeks to introduce time constraints around the arrest and investigation process. The proposal is to introduce the follow - For minor crimes, 28 days, 6 months more serious crimes - a Police Superintendent has to authorise and 12 months which can only be approved by a Judge. The review is being sponsored by Priti Patel and closed on May 31st.

It's a watch this space now but it is extremely likely that the changes will be bought in. So, potentially a great result that now will make Police more accountable.

I have also had some really good personal news!

The Police have said that the I am no longer under investigation, the official term given is "Refused Charge, Police decision".
Whilst this is obviously the right decision it has taken a year for them to get to this point. They have not presented me with any reason behind this decision which is frustrating given all of the stress and pressure I was under, which at times was unbearable. I have written to the OIC asking for some more information, although I suspect it's unlikely that I will get a response.

I'll keep you posted.

You cannot see an end to the hurt, the frustration and pain that is caused to you and your family when someone makes a false allegation against you, lots of emotions and thoughts some of them dark run through your mind.
Remember there is no "sign above your head", (as a close friend once said to me). Look after yourselves, talk to the people that are closest to you that you trust, they will not let you down.

I just wanted to say a big thank you to everyone on this site for all of their support.

Stay strong x

Hi there. I'm sorry that things are taking so long for you and that you have now been RUI. At least on bail you had a date for an update to look forward to. Unfortunately, RUI is the police response to being held accountable for having people on bail.

It's awful, I know, to have no answers and no end in sight and the question that eats you up is one that has a good nibble at most people in this situation. Hopefully, the tide is turning a bit and there will be more people held more accountable over time, but at the moment all we can do is wait and hold each others' hands in virtual space.

It's good that you have no contractual duty to inform your employer of your situation, though it can be isolating in that you get no support from that quarter. My man had no duty to report either but he did confide in his immediate manager - had no choice because the police confiscated his work equipment so he had to explain where it went - and he was nothing but supportive and mentioned it to no-one else.

Please, have a word with your doctor and see if you can get some help for your mental health. Suicidal thoughts are exhausting if nothing else and can morph into something more so easily. Please consider calling the Samaritans if you need immediate help. Please also try not to worry at this stage about what or what cannot be done to hold your accuser to account. As you are painfully aware, everything is stacked in her favour and frankly, at present, you have more important things to spend your energy on. Yourself. Please take comfort from the fact that the more people are becoming aware of the issue of false accusation, the less likely you are to find your reputation ruined and more likely to find sympathetic ears. It seems to me that everyone I meet these days knows someone who was falsely accused and understands the horror that they are their families go through, or at least tries to.

The best I can suggest is to strap in for the long haul. A year is not uncommon and it could easily be longer. Any less will then be a pleasant surprise.

I hope you have a friend in 'real life' you can confide in but there is always support here as and when you need it.

[Franticwithworry]

Good news on the RUI front but even BETTER news for you!!! Things have been very quiet of late with the covid-19 stuff going on, but I'm so very pleased for you that you got a decision at last. I'm so glad to have a reason to break out the bananas.

[298]

Good news on the RUI, I remember the moment when I was told NFA.

Glad you made it out to the other side!

:-)

[Casehardened]

Thanks so much for the updates on the RUI consultation and especially on your personal circumstances.

I'm delighted to be able to add some bananas for you.....

[Peter1975]

Thanks for the update. Great news on the NFA at long last


From what I gather, there is likely going to be an amendment to the law regarding police bail as the police and crime act (2017) has predictably had exactly the opposite of the intended effect with the rise of RUI.

I imagine that police will be given back powers of longer bail but hopefully with mandatory obligation to keep complainants and suspects informed of progress and time scales.

I would like to see excessively long investigations automatically referred to a watchdog but I would like a lot of things!