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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I was falsely accused of rape and the police discovered the

Customer Question

I was falsely accused of rape and the police discovered the allegation to be false. What can I do to clear my name and record?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Has there been a formal NFA?

What has happened?
Customer: replied 3 years ago.


FOR JOMO1972


 


What is a formal NFA?


 

Customer: replied 3 years ago.


FOR JOMO1972


 


I don't know what a formal NFA is. Also nothing has happened since.

Expert:  Jo C. replied 3 years ago.
No further action.

You would have got documentation to that effect?

Was she arrested for perverting?
Customer: replied 3 years ago.

I did not get any documentation.The police came to arrest me late at night but fortunately I had gone to work.The following afternoon I received a phone call from the police that someone had accused me of something and that they wanted my own account. I did not even know that they had tried to arrest me the previous night. When I asked what the allegation was they said that they could only tell me in their office and that I would not be arrested.


So I voluntarily went to their office and made a statement. After giving my statement they said that my statement largely tallied with hers but that it was only that morning that they discovered that it was consensual.That they had acted on the information they had the previous evening and this was several days after she had reported.
As far as I know she was not arrested. The policeman investigating called me to tell me that they would not be doing anything to anybody. However, he had earlier mentioned that the allegation would appear in my records and would be available when I am applying for jobs.

Expert:  Jo C. replied 3 years ago.
Ok.

There is one thing that you do need to understand at an early stage. A decision not to charge you is not a finding that the allegation is false. It does not prove innocent. A decision not to charge just proves that there was insufficient evidence to make a conviction more likely than not. Obviously one reason there is insufficient evidence to make a conviction more likely than not in some cases is that the allegation is false but its not the only one.

This is a mere allegation and it will only show in your enhanced check CRB. It will not show on standard or basic. However, I can quite see why you would prefer it was not there at all.

You can ask the police to remove it using their exceptional procedure. You should be aware that this really does mean exceptional and by definition rare. However, its free to ask and in fact the whole issue of false allegations is hotting up again so its a good time to apply.

You need to write to your local police force asking for deletion of the record. They will refuse. Write back asking for their policy upon deletion.

Usually they ignore that and just write back saying that the record is lawfully held. You will be invited to state why your case is exceptional. You should write back explaining why you believe it is exceptional.

The Chief Officer should consider your response and either reply directly refusing your request, or refer the case papers to the DNAFRP to ensure a consistent national approach. If referring to the DNAFRP, the Chief Officer will receive an informed response, and will then be able to respond to you directly with notificaion of their decision.

Thereafter, if the decision is adverse, you can always judicially review it but that is not a cost effective action.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.
Jo C., Barrister
Category: Law
Satisfied Customers: 69365
Experience: Over 5 years in practice
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Customer: replied 3 years ago.

 


 


Thanks for your response. Are youCustomeror JOMO1972 ? I am somewhat confused since I see both captions beside your photo.



She admitted that she did not refuse sex. She claimed that she wanted it only the first round and not the subsequent ones but that she did not tell me so. Is her own admission not sufficient proof? She in fact actively participated but I cannot go into details here. All these happened in October 2012. She made her report on 1st October after spending the night with me. I made my statement on October 6 and the police called me to inform me of the outcome on November 13.


I will follow the procedure you have highlighted above but I would require your assistance.

Expert:  Jo C. replied 3 years ago.
No, thats not proof.

There are still issues over whether you took steps to ascertain consent.

Of course, they are not live ones as you haven't been charged but just because she has ultimately made a statement saying things that weaken their case does not mean there is no academic case against you.

If she had been picked up for perverting and convicted or given a wasting police time fine which she paid that would be proof.

This is not to say that this isnt' a very weak allegation against you but thats not the same thing as it being a false one necessarily.

One reason that women make so many false allegations of rape is that it is very hard to prove that they are lying. Its one thing to show they are disbelieved and another to show they are lying.
Customer: replied 3 years ago.


FOR JOMO1972


 


Thanks. Could you please guide me on the process of requesting for the exceptional procedure.

Expert:  Jo C. replied 3 years ago.
Well, you need to get sight of examples of cases they would consider to be exceptional from them and emphasise the similarities to yours.

In this case, it is a very weak allegation which is always helpful although I wouldn't describe it as false.

Of course, it was false as are many if not the majority of other similar allegations. The conviction rate is not low for no reason.

But its going to be hard for the constabulary to agree with you in public if you describe it as false. Calling it a weak allegation will be much more palatable.
Customer: replied 3 years ago.


I really don't know the exact wordings or description of their conclusion. Am I able to get a report or something about their investigation? Do you mean that they will give me examples of what they consider exceptional? Also could you help with drafting and/or editing my request to them?

Expert:  Jo C. replied 3 years ago.
You can ask for the CRIS report upon your investigation using a subject access request.

They will send you examples of cases that they consider exceptional.
Customer: replied 3 years ago.

Where and how do I request for the CRIS report and examples of exceptional cases? You earlier mentioned that the police would be reluctant to admit it was a false allegation.What if indeed they had discovered so themselves? Do they have any stake in the matter? Are they obliged to support the false accuser by all means? Are they not supposed to be neutral,unbiased and objective? Should one expect hostility from them and prepare accordingly?

Expert:  Jo C. replied 3 years ago.
As I've said, you have to send a subject access request to the constabulary for the CRIS.

I covered examples of exceptional cases in my original answer.

The officer that dealt with you will probably be of the view that it is a false allegation. Most officers will admit privately that there is a huge problem with false allegations the volume of which is underestimated by the press. That is different though to the constabulary leadership issuing a policy statement to that effect. They are not going to call this woman a liar in public. They would only really have been able to do that if they had prosecuted her from perverting.
Customer: replied 3 years ago.


Thanks very much. I am a bit relieved.Could you please help draft the requests for the CRIS and examples of exceptional case. Do I need to make any contact with the investigating officer?. The last time I spoke with him was when I made my statement. When he called to give me their verdict, he left a voice mail for me. I did not call him in the intervening period since I am not well-informed on their procedures and did not want to be accused of putting pressure or trying to influence their investigations. I however called the number he left that day but he was not in the office. I however have his mobile number.

Expert:  Jo C. replied 3 years ago.
I'm afraid this service doesn't really include drafting. I can look over it for you if you write it though.

If you have to go to a hearing at the DNAFRP though, thats not a question and answer situation. You need to consider paying for representation if you want to stand a chance of it being removed.
Customer: replied 3 years ago.


I do not have examples that I could use to write a draft and I have no idea what I should include in either of the requests, so please I would really appreciate your kind assistance with the drafts. I am certainly determined to having it removed and I am willing to pay for representation to that end.

Expert:  Jo C. replied 3 years ago.

I'm afraid I cannot draft it for you under the rules of this site. I can look over it for you if you draft it. This is weeks away anyway. But I covered the procedure above. You write to the constabulary and ask for examples. I cant copy and paste it because I'm ipading at the moment.

Customer: replied 3 years ago.


OK thanks. How do I contact you subsequently?

Expert:  Jo C. replied 3 years ago.
This post will stay open from your side.

Im not sure how its done as I never use the site from your side but customer services will tell you how to do that if you have difficulty.
Customer: replied 3 years ago.


Alright then. I'll be in touch. Thank you very much.

Expert:  Jo C. replied 3 years ago.
All the best.
Customer: replied 3 years ago.

I have not been able to do the drafts. Since you cannot do it due to website rules, how can I get a lawyer to do it?

Expert:  Jo C. replied 3 years ago.
Please read my original answer.

What you need to do is write to the constabulary and ask for examples.

There is no need to draft anything until that is provided.

Customer: replied 3 years ago.

I have discovered a form that I can print and complete for the subject access request from the website of my local police force.I have however not had much success with the CRIS report. Even the full meaning of that acronym is not clear and appears to apply only to the Metropolitan Police.

Expert:  Jo C. replied 3 years ago.
No, you wont.

They have 40 days to respond.

This isn't a particularly quick application.
Customer: replied 3 years ago.


I don't understand what you mean by "No. you wont". I was expecting that you would give some clarification on the CRIS report. I have not yet printed the subject access request form since that should come after the CRIS. Could you please provide more information on the CRIS report and how to request for it?

Expert:  Jo C. replied 3 years ago.
I really think you need to read my original answer.

They will not just hand over the CRIS. You need to make a subject access request and give them 40 days to respond.

But you shouldn't even be asking for the CRIS at this stage.

The procedure is in my original answer.
Customer: replied 3 years ago.


Alright thanks

Expert:  Jo C. replied 3 years ago.
No problem.

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