Confused after report of rape

[RFLH]

that'll teach me to read it through twice!!

[Izzy]

I may be wrong, but the way I've read it is that 'a bloke' has to rape at least 2 women before they will be satisfied he's guilty?

You've read it wrong

The Cadder judgement is evidence gained by police whilst a suspect didn't have access to a lawyer breached human rights.

[RFLH]

I may be wrong, but the way I've read it is that 'a bloke' has to rape at least 2 women before they will be satisfied he's guilty?

[MerlinScot]

I like most on here will think merlinscott has been treated terrible BUT in her case as well as the falsely accused the key is a proper investigation both ways done in an impartial way but we all know this does not happen on both sides.
The trouble is it is just as bad to be falsely accused as it is to be raped so in my opinion the key to this is a proper investigation and for this we need a more balanced view from the police from both sides.

I totally agree. Mistakes come from bad investigations on both sides!! So the TERRIBLE treatment is reserved to both raped women/men and those who're unfairly paying without having committed any crime at all.

@RFHL: This is not the right time to write to the local MP, because we're having the elections in 4 days. Maybe later.

@FAITH: I've to disagree on that point, unless the accusers had very good lawyers. The Scottish Law states that you've to show 2 proofs of evidence out of 3, one of each has to be physical or providing an incredible certainty the crime has been committed. My rapes were historical and during a relationship, so to provide certain evidence was impossible. Well, the few proofs I had weren't admitted either though!!

So that's why false allegations of rape are very rare up here. I'm not saying this lightly, I can give you the statistics of any rape and abuse organizations. Accusers lies are usually discovered a lot more and earlier than in England, most of the liars recant under pressure, the police threats you as a terrorist at the first suspiscion (in my case was a Facebook message!! Well, needless to say, my proofs to support me weren't admitted, who knows why!!).
Fooling the Scottish Law isn't easy, usually it damages a lot more the rape victims than the innocent ones, this due to the one special law. Have a look at this link, it explains this better a lot than me!! http://www.heraldscotland.com/news/c...cases.17174035 To be honest, I even tried to post on that site and my comment wasn't ever authorized. You'd be shocked to see how few rape cases end up on a paper or online and all the false accusers end up in the cover of any paper. Again, here it's different, many villages are concerned about innocent men accused and so many raped women...won't ever see any justice. Like me, that the only solution possible became leaving where I was living and moving far away. The slander done behind my back is now irreparable, so yes it's awful to see me considered as a liar after being in a domestic abuse and rape case and my ex is now let free of abusing someone else. Would like to see the reaction of the parents of the children who are totally unaware their sons and daughters are around an abuser and a rapist all day.

[worriedandconcerned]

I happen to agree that that SHOULD remain the case...after all...how can one prove that they have been raped?

I hope you are doing well.

I like most on here will think merlinscott has been treated terrible BUT in her case as well as the falsely accused the key is a proper investigation both ways done in an impartial way but we all know this does not happen on both sides.
The trouble is it is just as bad to be falsely accused as it is to be raped so in my opinion the key to this is a proper investigation and for this we need a more balanced view from the police from both sides.

[Faith]

We do have a number of Scottish members on here who have been arrested/charged without any evidence.

I think you have been treated very badly. It is by no means a given that those accused of rape will not be arrested without 100% proof

[RFLH]

you have been treated appallingly and I do hope that the other ladies come forward to back you up - it seems odd that the police know of the others and still seem to be shielding him.

Would you feel up to seeing your MP about your trestment? Quite often things start to happen when they start to look into things.

[MerlinScot]

I will say though, that you have been treated horrendously by the authorities. It is by no means the norm however. You have every right to assume that the police etc are on the side of the accused and treat the accuser badly, but often it is very much unbalanced the other way.

Following what Scottish law say, nobody can be accused of a crime until there's the 100% evidence the accused did it, which in a rape case it's impossible, as you stated later in your post.
That's why it angers me that people think falsely accusing someone of rape is so easy, very often it's the other way around.

People do lie unfortunately and whilst I won't argue your statistics as I don't quite know where you've got them from, it is still the case that rape is the only crime where evidence is not needed to convict. I happen to agree that that SHOULD remain the case...after all...how can one prove that they have been raped? What I would like to see changed is the compensation opportunities (no compensation should be made available until after trial in my view).

Here we're talking about 2 different justice systems, so I won't argue about what you're saying about English statistics and laws. I make you notice that in Scotland evidence is needed, which is why we've the worst rape laws in the world

Liars don't have to be stupid to raise an allegation like this. In fact, often they can be very clever and know exactly what they're doing. The law, as it stands, serves neither side...either the genuine victims or the falsely accused. Both are victims.

It's horrible to know that in England liars get away with lies. I can understand your point of view. As a matter of fact, for the law despite I'm a genuine rape victim I'm a liar too so I can deeply understand what men or women falsely accused feel.

You must be very disheartened and have no faith in the system that has treated you this way. It is much the same for the men who have found their lives tarnished with the lies.

I am. Especially because I was pushed by few rape and abuse organizations to report my case, given that my abuser and rapist was someone who was working and volunteering as a support worker, ironically in abuse and rape matters. He was highly skilled in that meaning, and he had lied about his past and his mental condition to his employers (which is, by itself, something you can be prosecuted for. Police liked to overlook that too ) in order to achieve better skills in getting his victims. I'm the 3rd girlfriend who goes through his abuse, but previous allegations and witnesses aren't admitted until the case goes to court.

I do agree with you that in comparison to genuine rapes, false allegations are in the minority. However, they are more common than people might think...

I hope you are doing well.

I don't know if false allegations are more common than believed, our system makes impossible to determine the real percentage of genuine rapes and false accusations. Although I can understand that many men are falsely accused of rape but... what do you think my ex's family and friends think and say around? That he's a rapist?

Thanks for the flowers
Being a bit anxious these days

[Faith]

Oh heck, you've raised a few things there that I would disagree with but I don't think it would be appropriate of me to do so.

I will say though, that you have been treated horrendously by the authorities. It is by no means the norm however. You have every right to assume that the police etc are on the side of the accused and treat the accuser badly, but often it is very much unbalanced the other way.

People do lie unfortunately and whilst I won't argue your statistics as I don't quite know where you've got them from, it is still the case that rape is the only crime where evidence is not needed to convict. I happen to agree that that SHOULD remain the case...after all...how can one prove that they have been raped? What I would like to see changed is the compensation opportunities (no compensation should be made available until after trial in my view)

Liars don't have to be stupid to raise an allegation like this. In fact, often they can be very clever and know exactly what they're doing.

The law, as it stands, serves neither side...either the genuine victims or the falsely accused. Both are victims.

You must be very disheartened and have no faith in the system that has treated you this way. It is much the same for the men who have found their lives tarnished with the lies.

I do agree with you that in comparison to genuine rapes, false allegations are in the minority. However, they are more common than people might think...

I hope you are doing well.

[MerlinScot]

Lottery is the correct word, Saffron.
There are some genuine cases that are dealt with appallingly. Conviction rates are still low for the crime of rape and I have no doubt that there are many rapists and abusers getting away with disgusting crimes.

Similarly, there are also liars who undermine real victims by raising false allegations and I commend you, as a rape victim, for keeping an open mind about this, particularly after being let down by a rotten system.

The difficulty with rape cases is that very often it boils down to one word versus the other and that's where the lottery comes into play. Which side will they fall on? Who is the most reliable? Who will look and present themselves well in court?

Many falsely accused make the incorrect assumption that the law always favours the accuser of rape...whether genuine or not. Many rape victims wrongly believe it the other way. in truth, it is an extremely flawed system that serves nobody and, as a result, innocent people are locked up and guilty are left to roam.

I am disgusted that you have been offered no counselling. I would strongly recommend that you see your GP.

Please don't see this website as a place where we are not on the side of rape victims. We aim to support genuine victims of both sides. Those falsely accused are victims too, after all.

Take care.

I actually hate the liars, because that's their fault if rape victims like me get a suspicious and judgemental treatment by the police and the justice system from the start. What I can't stand is seeing the comments of some men (or women) who say that they have "friends of friends of friends who were falsely accused of rape". No wait, false allegations of rape aren't so common as people believe and very often the certainty of lying is when the raped women/men recant.

As I've firsthand knowledge of the treatment a rape victim receives even before the case goes to court (treatment is more than horrendous), I doubt that any woman lies unless she's very very stupid or totally unaware of the law and how the legal system works.

At least following the Scottish law, out of nearly 1600 rape reports only 52 were convicted as rapists and more of 85% were serial rapists. I read a comment of an idiot online stating that one of his friends had been accused of rape and he was jailed for 7 years. If there's no 100% proof of evidence the guy raped the woman, the case doesn't even go to further proceedings.
Don't know how it works in UK, but in Scotland because of the ancient law of the corroborative evidence, very rarely rape cases end in the conviction of the rapists. And more important, false rape allegations is a crime punished with more jail years than the rape.

Of course, I've an open mind so it's also horrendous to see innocent men jailed for a lie. But in Scotland, if you take into account the false rape allegations, plus the cases endeing in conviction... 90% of the reports don't make it to court. Which means that probably 90% of the rapists are out

RFHL: I wasn't allowed to show evidence out of the dates I was raped. I went berserk when I saw that my ex had given them whatever

[MerlinScot]

You've been shockingly let down by everyone it seems.

I don't know much about the Scottish Legal System (obviously some things will be the same) but I don't understand why you weren't allowed to use all you had against him. I guess you could complain about your treatment at higher levels than those at the Police Station you had your interview at.

Actrually, I'm thinking of really doing it RFLH, although... I've to admit I've no idea where to start

[Faith]

Lottery is the correct word, Saffron.
There are some genuine cases that are dealt with appallingly. Conviction rates are still low for the crime of rape and I have no doubt that there are many rapists and abusers getting away with disgusting crimes.

Similarly, there are also liars who undermine real victims by raising false allegations and I commend you, as a rape victim, for keeping an open mind about this, particularly after being let down by a rotten system.

The difficulty with rape cases is that very often it boils down to one word versus the other and that's where the lottery comes into play. Which side will they fall on? Who is the most reliable? Who will look and present themselves well in court?

Many falsely accused make the incorrect assumption that the law always favours the accuser of rape...whether genuine or not. Many rape victims wrongly believe it the other way. in truth, it is an extremely flawed system that serves nobody and, as a result, innocent people are locked up and guilty are left to roam.

I am disgusted that you have been offered no counselling. I would strongly recommend that you see your GP.

Please don't see this website as a place where we are not on the side of rape victims. We aim to support genuine victims of both sides. Those falsely accused are victims too, after all.

Take care.

[Saffron]

Unfortunately the way rape cases are dealt with is a complete lottery.
If you were in a big town or a city I would bet my mortgage that you would have been dealt with kindly. However, you live in a rural location, and sometimes Plod is little more than a village Bobby who doesn't want to disturb his local community.
I'm sorry you had such a horrendous experience. We will offer support in any way we can.

[RFLH]

You've been shockingly let down by everyone it seems.

I don't know much about the Scottish Legal System (obviously some things will be the same) but I don't understand why you weren't allowed to use all you had against him. I guess you could complain about your treatment at higher levels than those at the Police Station you had your interview at.

[MerlinScot]

You mean, by the police? No.
After my first call to Rape Crisis Scotland 2 months ago, it seems I was entitled to get a SOLO officer but I was never given any info about it by the DC, it's ike they ran over me with a tractor.
Living in a remote location meant that I started having support by email or phone from local charities but I'm still waiting, after 3 months, for an available slot to a face to face support. It's not their fault though, the fact is that there's no rape counselling services in the Highlands except one charity, they're overloaded with calls and abused people asking for help.
Rape Crisis Scotland nearest office is in Aberdeen, about 200 miles from where I live.
I don't understand the justice system at all, so I won't go there. Yet, police asked to provide certain evidence about the rape and the dates the rape had happened (we were not living together). When I saw the folder of my ex's evidence I was shocked. They had allowed him to provide evidence about the whole relationship, meaning all my emails/texts/Facebook messages from the start, like they wanted to figure out my reasoning or my personality. That shocked me. Police didn't allow me to use any kind of correspondence as an evidence of his mental condition and behaviour. This left out about 70 mails sent by my ex, plus hundreds of texts (I've a Nokia smart phone, so everything was saved on my laptop hard disk by default), MSN chats, skype chats, facebook messages and even more.

I undoubtedly felt fooled. Yeah they go for lesser paperwork but in this case they showed some sexism too. Given that the case didn't go to court, previous allegations and ex girlfriends were not admitted as witnesses.