Do I have a legal standing for wrongful arrest?

[safedave]

Good morning, I was arrested and supported by the wonderful people here a few years ago, in fact it was 6 years ago now, and the ptsd it caused is only getting worse.

Anyway I'll keep details brief but after reading a few cases of wrongful arrest I suspect I might have something.

In 2012 I left my abusive wife, she was given a criminal record for domestic violence against myself in the same year.

She'd admitted beating me in text messages and admitted lying about rape (she used this as a threat when I left saying "if you go ill ring the police and say your a rapist" she then sent a text message a few hours later after I'd left admitting it was all lies)

In 2013 I re married, this was with a women I'd know since I was a toddler.

The same week I re married, I was arrested for rape of my ex wife,some 12 months after leaving and her sending a message saying if never raped her.

I went in to the interview alone and gave full disclosure on EVERYTHING the abuse (sexual) I'd suffered the text messages, everything.

This was July 2013, I was forced at 7am the next day to hand over my phone when the OIC arrived at my home.

The phone had the conversation of my ex wife begging for sex off me for WEEKS before I'd left, the text messages after I'd left BEGGING me to go back and the the texts admitting I'd never raped her, the police now had all that.

What happened NEXT is why I THINK I have a case for wrongful arrest.

Arrest 1 happened in July 2013 the same week I'd re married.

Keeping in mind the police had my phone and shed loads of evidence on it, plus my interview where I disclose I was the victems and the fact my ex was convicted of domestic violence.

In Oct 2013 on my birthday, I was arrested again for a second rape that my ex has "forgot"

Bearing in mind the police had all the evidence I was innocent and I'd disclosed I was the victem, should I have been arrested the second time?

As an aside

Rape arrest one was for "oral rape" in 2011
Rape arrest 2 was for "anal rape" in 2006 (I was actually over 30 stone at the time and it was PHYSICALLY possible but hey Ho lies don't worry about facts lol)

In the end, I was cleared by CPS with a NFA but 7 years on, I'm broken and want justice.

Is there a possibility of a case of wrongful arrest for the SECOND arrest?

I did beg the police to take action against my ex as the text message admitted she'd lied etc but it was greater Manchester police and they have a policy of not taking any action on women who lie about rape.

Thanks

[Peter1975]

Welcome back Safedave, although I'm sorry to hear you are still troubled by your experiences.

Really, your best option is to speak to a specialist actions against the police solicitor. Hopefully you will find one that will give some free advice. I fear that 7 years is too long to put in a complaint unfortunately but please don't take my word for it.

You should have been given a reason for the arrests at the time but they will be one of the following contained in section 24 of the police and criminal evidence act 1984. Note subsection 5 (e) is a bit of a catch all and the proceeding subsection 5 (d) essentially makes arrests legal if officers feel bail conditions should be imposed to prevent witness tampering/intimidation. I'm no expert but I imagine this would still apply if false accusations of harassment or threats were made, the police wouldn't know they were false at the time of arrest. It's not uncommon for false accusers to delete selected messages from a thread and present a false picture to police by making it appear that you were initiating contact and not her for example.

Anyway, I shall wish you luck if you wish to pursue this.

24 Arrest without warrant: constables
(1)A constable may arrest without a warrant—
(a)anyone who is about to commit an offence;
(b)anyone who is in the act of committing an offence;
(c)anyone whom he has reasonable grounds for suspecting to be about to commit an offence;
(d)anyone whom he has reasonable grounds for suspecting to be committing an offence.
(2)If a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds to suspect of being guilty of it.
(3)If an offence has been committed, a constable may arrest without a warrant—
(a)anyone who is guilty of the offence;
(b)anyone whom he has reasonable grounds for suspecting to be guilty of it.
(4)But the power of summary arrest conferred by subsection (1), (2) or (3) is exercisable only if the constable has reasonable grounds for believing that for any of the reasons mentioned in subsection (5) it is necessary to arrest the person in question.
(5)The reasons are—
(a)to enable the name of the person in question to be ascertained (in the case where the constable does not know, and cannot readily ascertain, the person's name, or has reasonable grounds for doubting whether a name given by the person as his name is his real name);
(b)correspondingly as regards the person's address;
(c)to prevent the person in question—
(i)causing physical injury to himself or any other person;
(ii)suffering physical injury;
(iii)causing loss of or damage to property;
(iv)committing an offence against public decency (subject to subsection (6)); or
(v)causing an unlawful obstruction of the highway;
(d)to protect a child or other vulnerable person from the person in question;
(e)to allow the prompt and effective investigation of the offence or of the conduct of the person in question;
(f)to prevent any prosecution for the offence from being hindered by the disappearance of the person in question.
(6)Subsection (5)(c)(iv) applies only where members of the public going about their normal business cannot reasonably be expected to avoid the person in question.]

[safedave]

Hey mate, thanks for the welcome back.

I think the way my mind was working was "they had all the evidence from my disclosure, her previous, all the calls I'd made about DV and they had my phone that had the confession that she'd lied about rape"

They had that in July, August, September and Oct before my second arrest and by then I'd have assumed they would have know the second arrest was superous?

Ultimately it 12 months being on bail before being cleared, it was THAT delay that caused the most damage tbh but I need to fight back now, it's going to kill me if I don't.

[Peter1975]

I hear you Dave and in my book, that is an unnecessary and therefore illegal arrest.

Unfortunately, the legal profession probably won't see it the same way. Frankly, I think your energy could be used looking to the future rather than the past.

The advice I have always given is not to take whatever the police do personally. In fact, nothing about a FA should be taken personally. It's false and therefore a false situation with people acting on false information. Additionally, the police are not only human (sometimes!) but they can be utterly useless. Did the FA speak to the same officers? Were you arrested by the same officers? Seems likely that they simply weren't aware of the facts surrounding your first arrest. The left hand not knowing what the right hand was doing.

I can only advise again that you seek some professional advice but a quick check on the internet says that there is a 6 year time limit from arrest unless exceptional circumstances can be shown :

https://www.donoghue-solicitors.co.u...e/time-limits/

Revenge, or the desire to right a wrong is a natural human emotion but there is a reason for the old proverb about those seeking revenge needing to dig two graves.

Perhaps a change of perspective is needed?

Let's look at the positive:

You have remarried and have earned the right to put the past behind you. Why let your nasty ex intrude on that? Why even think about her and what she did or tried to do?

Your ex has a criminal record and cannot touch you again. You have the power to shut her out of your life completely. You can make happy new memories to replace the bad ones.

FWW's advice that the best revenge is a life well lived cannot be bettered here. Imagine how your ex would feel seeing you happy, secure and enjoying life. She doesn't deserve the time of day from you.

Lastly, don't be afraid of asking for some help from your doctor or a charity such as MIND. Some counselling and talking things out might help with giving yourself some closure although I expect there will be even more of a wait than usual. This bloody lockdown has been awful for everyone.

Keep cool.

.

[safedave]

I hear you mate


Facts wise:

It was the same OIC on both times etc

Your other points, I'm living a much better life than my ex, but as I was abused by her for so long even after I left, I'm just struggling with the PTSD side of the abuse and arrests, I guess not getting justice feels the same to all, it's just so frustrating when the case is so blindliny clear to all but the police.