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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69534
Experience:  Over 5 years in practice
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Hi Jo, I have received further CAFCASS reports and have

Customer Question

Hi Jo,

I have received further CAFCASS reports and have seen the motives as to the False Rape Allegations.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 2 years ago.

Hi Jo,


 


I have been accused by my daughters of


 


(1) Rape in 2004


(2) Sexual Assault 2002



I was arrested on 14th January 2014 and have CAFCASS reports first 4 reports are really good in the sense the girls want to spend more time with me the last 2 reports they are very upset as I do not give financial support and the mother has provided them with all the financial information. Also they are upset that I have a new partner and a baby that was born and they were not aware of.



What is the length of these investigations and the evidence the police look for.






Expert:  Jo C. replied 2 years ago.
Ok.

Whats the motivation for false allegations please?
Customer: replied 2 years ago.

Hi Jo,


 


In the CAFCASS report the girls are extremely bitter and they have said


 


(1) I should retract some statements I made about the mother in the Family Proceedings.


(2) I only give £5.00 per week Child support agency and I do not care about them


(3) I have been secretive in my behavior and should have informed them about my new partner and child and if I loved them they would have known about it.


(3) I should give back £20000.00 awarded to me in the family proceedings and they see the mother as a victim


(4) They have lost the family home due to the confiscation of £160,000.00 and its all my fault and they are having to share the house and bedrooms.


 


Can you please inform me what evidence the police will look at before deciding to charge me?


 


 

Expert:  Jo C. replied 2 years ago.
Well, its really as I've said before.

The police will gather whatever evidence is available. Usually that will consist of statements from the alleged victims either in S9 form or in video ABE evidence, possibly statements from anybody to whom they complained at the time and also any medical evidence that may exist. Obviously there is not likely to be forensic evidence from events so long ago. If anything consistent has been reported to social services or to the school then that may be used.

This CAFCASS report will not be considered undermining I'm afraid.

It may actually be very undermining but it will not stop CPS charging.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69534
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 2 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Customer: replied 2 years ago.

Hi Jo,


 


What if in the CAFCASS report the things they have said contradicts in what they are saying now for example the girl who alleges I sexually assaulted her said I was never a loving parent and can never remember being hugged / kissed or sitting in my lap.


 


The social services have never been involved whilst being married to ex wife the children have had Councillors and NSPCC being involved after breakdown of marriage.


 


The Police asked me if I had indecent pictures of young girls grooming etc I informed them to take my phone and computer away which they never did.


 


The child is known to be a great liar and has broken court orders to try and find me at my parents house. She also likes to get attention and has run away from home and police have been involved.


 


Will they look at my current itamised and text messages?


 


 


 


 


 


 


 

Expert:  Jo C. replied 2 years ago.
If there are direct contradictions then that would be helpful.

In terms of her being a liar, you do need to be careful with that. Even a habitual liar can still be a victim of crime. You probably would get some very well documented lies before the court that you should be aware that you need to make a bad character application and show relevance.

I think we covered the issue of your text messages before and the answer remains the same. It is that they will only consider any messages that are relevant to the case and the absence of any messages commenting on this particular allegation will not stay the hand of CPS.
Customer: replied 2 years ago.

Hi Jo,


 


What if the children are inconsistent in what they are saying now and the CPS and police find out will they still take me to trail?


 


I also have already chosen a solicitor and Barrister for the case after researching their backgrounds and they are extremely experienced.


 


I am due to go back on the 17th March what is likely to happen then?


 


 

Expert:  Jo C. replied 2 years ago.
Well, they could do that. CPS do not always accept that inconsistencies are undermining.

It must be said that CPS are much more sensible than they used to be and are charging much less and that is why the conviction rate looks as though it is improving. It is not that more people are being convicted. It is that fewer rubbish allegations are being prosecuted.

Obviously I will not know what is going to happen on 17 March as I haven't had a vision of this case.
Customer: replied 2 years ago.

Hi Jo,


 


At least I know that CPS are looking at the cases sensibly hopefully they will be able to detect inconsistency in their statement. I remember I was told by the officer that I loved my other daughters more then her and she felt sad about that and this the girl who alleges I assaulted her.


 


I also hope they interview my other 11 year and 7 year old daughters. If it goes to trail can my solicitor / barrister interview the 11 year old one? As the allegations made are when they were 7 year old.


 


 

Expert:  Jo C. replied 2 years ago.


Well, that might be a motivation to make this allegation.

No, your legal team can't interview the girls that they can cross-examine.
Customer: replied 2 years ago.

Hi Jo,


 


I meant cross examine the girls even the girl who is not alleging (11year old) can they cross examine her too?


 


What about the itemized phone bills can they be looked at as well?


 

Expert:  Jo C. replied 2 years ago.


Well the Crown will not call witnesses who do not make allegations against you but the defence could if they give relevant evidence. The fact that they do not say that you abused them does not mean of course that the allegation made by another is necessarily weaker.

I think we covered the phone bills and I'm not sure what it shows?
Customer: replied 2 years ago.

Hi Jo,


 


Like calls to the girls recently there was one in November 2013 and they text me also but the police are not interested in this or else they would have taken my phone away but can they get all text messages and phone calls made from my provider?

Expert:  Jo C. replied 2 years ago.
as I've said previously, this is not relevant to the offence unless they say something contradictory to the allegation
Customer: replied 2 years ago.

Hi Jo,


 


This is a seprate. If someone is arrested for drugs can the police obtain all phone records text and itamised bills from the provider without confiscating the phone

Expert:  Jo C. replied 2 years ago.
That really comes down to whether it is possible forensically. It is possible to do that but not normal procedure.

Customer: replied 2 years ago.

Hi Jo,


 


I take it is an expensive procedure to do however they have confiscated his other phone but then again that is his problem which does have incriminating evidence such as phone call recordings can they be used as evidence?

Expert:  Jo C. replied 2 years ago.
It doesn't cost the police anything.

Its only expensive in that the waste of manpower is enormous.

The real problem is the delay at the forensics lab.

Yes, they can use phone call recordings as evidence.
Customer: replied 2 years ago.

Hi Jo,


 


His last question is in the video recordings scenarios was used


 


for example him being him a victim and giving scenarios (examples) can they be used as evidence?


 


I do not know what he means by this.


 


 

Expert:  Jo C. replied 2 years ago.
I'm not sure what you mean?
Customer: replied 2 years ago.

Hi Jo,


 


I have received news that my bail date has been extended to 29th June 2014 which falls on a Sunday.


 


It is absolutely ridiculous.The text said they are following up the inquiries and they have not completed them as yet what does that mean?.


 

Expert:  Jo C. replied 2 years ago.
Just that they havent completed their enquiries. Its not that unusual. They are inundated with these reports especially at the moment because everybody is suddenly remembering that they have been abused now that compensation is available.
Customer: replied 2 years ago.

Hi Jo,


 


I have been trying to tip you. But there is a problem. Yes compensation people will do anything for money the people who have actually been raped or assaulted are not bothered about money they want Justice and life to move on.


I know the children making these accusations are struggling financially. Do you think my daughter who is 19 and at University would be aware of these financial compensation?


 


 


 

Expert:  Jo C. replied 2 years ago.
Yes, I agree.

And yes, she almost certainly will be aware of criminal injuries compensation and the potential for a civil claim.

In fact, compensation in the civil courts is very rare.

People make false allegations for lots of reasons. I also do think that at the moment people are just jumping on the bandwagon but thats probably not the issue here. There is a clear motivation from what you say
Customer: replied 2 years ago.

Hi Jo,


 


The fact that me and my ex wife had a confiscation of £160,000.00 and the loss of the family house. Also the fact the girls when they were interviewed by the CAFCASS and the mention of £5.00 per week for Child support agency.


 


Also the fact they also they tried to purchase a bigger house and that fell through due to mortgage not going through due to the mums income. Also the fact the children demanded £20,000.00 from me in 2012 if I wanted to see them all this points to one direction money I just want the truth to come out and the police to obtain all these documents and face book messages so they can see the motive.


 


 

Expert:  Jo C. replied 2 years ago.
Yes, there clearly is a demand for money.
Customer: replied 2 years ago.

Hi Jo,


 


My bail date has been extended to 29th June 2014 which falls on a Sunday does that mean they will charge me?


I spoke to the officer investigating the crime after she text me a new a bail date and she said she is just waiting for a report on an enquiry she is making I asked if it was CAFCASS she said no and thereafter I never asked what it was.


I find it astonishing that it is taking this long to I do not know I do know that the children were seeing councillors due to the breakdown of the marriage. I am going mental what else could they be looking it could be current phone records as I made several calls?


 


Customer: replied 2 years ago.

How does the compensation do they still get it if I am not convicted?

Expert:  Jo C. replied 2 years ago.
They could apply for compensation conviction or not but they probably will not get it.

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