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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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Two months ago I was anally raped by a work colleague after

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Two months ago I was anally raped by a work colleague after a night out in his flat. The next day I told my boyfriend, who rung the police and a medical examination was completed. When it came to the video interview I freaked out and asked to drop the charges based on it being too stressful and potentially ruining my life.
A week or so later I rang to say I wanted to continue the charges and then dropped them again. Again my reason was due to the stress/everyone knowing/it ruining my life (i was quite mentally unstable at this point). I had told work what had happened after going to the police the first time (I worked with the rapist) and they took mine and his statement of events, but ended both our jobs as they said it was my word against his and we were in our probation. The officer said she would give the file to her 'bosses' for them to potentially close the case and I would hopefully not hear from her again.
This was a month ago. This week I have received a call from the police officer saying the file has come back recommending she obtains mine and the rapists statement of events from work. Are the police doing this for admin purposes (she said it was to cross all the T's and dot all the I's), looking at pursueing him or trying to suggest/prove I am lying?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
I am afraid I will not be able to guarantee that they are not investigating you for perverting. It is possible. They do sometimes. I'm afraid that sexual offences do have a much higher rate of false reporting than other offences whatever the media likes to suggest.
It is possible that she is gathering this evidence for CPS with a view to summonsing you.
It is quite unlikely that she is gathering this evidence if a decision has already been taken to drop the matter.
In any event, there is nothing that you can do about that now. You have made this allegation and that cannot be undone. If you have said something inconsistent at work then that will affect the view of the police obviously but it doesn't really, of itself, justify charging you with perverting the course of justice. It is just a previous inconsistent statement which weakens your allegation and they may therefore disbelieve you but that doesn't prove you were lying.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Hi Jo

Thank you for your response. If they do try to investigate me for perverting the course of justice will all evidence such as the medical evidence taken from myself be sent off and taken into consideration?

Can I continue with the rape allegation if thwy do this?

Thanks

Expert:  Jo C. replied 2 years ago.
1 Maybe. It depend. If anal sex is accepted then there is no point.
2 No. Too late then. Probably too late already if they have suspicions. You can defend at trial on the basis that you were telling the truth but it is very unlikely they would prosecute him if they have considered prosecuting you.
Of course, he might not be willing to give evidence against you. Sometimes they do refuse. It depends what has happened. If a person has been arrested and inconvenienced then usually he is delighted to assist the prosecution as he is so outraged. If a person has not been troubled by the allegation then sometimes they are not interested. Some men just seem to accept that women do this sometimes which is always something I have found difficult to understand.
Given that he has lost his job as a result of your allegations though it might be that he is keen to give evidence.
Jo C., Barrister
Category: Law
Satisfied Customers: 70003
Experience: Over 5 years in practice
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Expert:  Jo C. replied 2 years ago.
The other issue is that he could always sue for money compensation. That would be the better option for him really as it leads to compensation and demands a lower standard of proof.
I realise you probably don\t want to encourage that but it is a lot better than being at risk of custody for several years.
Customer: replied 2 years ago.

Hi Jo

I know he is saying he 100% didnt have anal sex with me when the medical evidence will prove he 100% did. How would this influence matters?

Would I be best to wait for the police to come to me or say I wish to pursue the claim now?

The officer told me she was obtaining these statements to see if he had said anything damning in his.

Thanks

Expert:  Jo C. replied 2 years ago.
It depends on the basis of the concern about your evidence.
I would do nothing at this stage. If they are of the view that you are lying then maintaining the falsehood for longer would be an aggravating feature.
The fact that the officer said that doesn't mean she isn't investigating you.
It actually seems a rather odd thing to do if she were investigating him as it wouldn't be admissible against him. It isn't a confession. It can't be previous inconsistent statement because he is not a complainant.
Customer: replied 2 years ago.

How do you mean by maintaining the falsehood? I havent said he did not rape me, I said I did not want the stress.

What reason do you believe they are obtaining these statements for and what so far could they potentially have to justify perverting the course of justice?

Expert:  Jo C. replied 2 years ago.
No, I understand.
But if they are saying that they don't believe you and are considering prosecuting then an aggravating feature of the perverting is the length of time for which the falsehood was maintained.
I will obviously not know what is in their mind. I would be very surprised if they expect to find anything that could be used against him in this endeavour. In relation to justifying perverting, again I haven't seen the evidence. It could be anything that suggests an allegation is false. Previous inconsistent statement alone would not be enough.
They are using the perverting legislation more than ever before. I have seen people charged if they admit the allegations false, Sometimes if CCTV shows something entirely inconsistent. Sometimes people are alibied. I have seen a few people charged on no better evidence than that their account just wasn't very credible but that is rare.
Customer: replied 2 years ago.

Hi Jo

As I know my allegation is not false would it not be in my interests to continue with my allegation now before this opportunity is taken from me if they decide to charge me with perverting the course of justice?

The only evidence they have at the moment is my initial attendance at the police station, my 2 withdrawals and the 2 statements from my work.

Thanks

Expert:  Jo C. replied 2 years ago.
1 No, it would not be in your interests for the reasons above.
2 I think all that they can find in that is previous inconsistent statement. Obviously I haven't had full vision of this case though. I don't know whether he has been interviewed and raised some form of evidence? Or have you made allegations in the past? I did see one person charged once with perverting not particularly for any reason arising from the instant allegation but that she had a long history of making similar allegations. This is really guesswork though. It is not possible to second guess what is going through their minds.
If you have not made any other allegations and you are not in a domestic relationship with this person then it is quite unlikely they would summons you.
Customer: replied 2 years ago.

Hi Jo

He has not been interviewed at all. And I have never made any unfounded allegations before.

He told my partner that I performed an oral sex act on him and I did call him to tell him to stop lying about this, and if he did so I would drop the charges. (I had already dropped them at this point) and only said this to protect my relationship. It didnt change the fact he raped me but how would the police look at this if this is in his work statement?

Expert:  Jo C. replied 2 years ago.
Have you made any other allegations at all?
Obviously there are some people who do call the police disproportionately to everybody else.
Whatever is in his statement to his employers is not really likely to be used against him. I suppose if he is consistent then he might want to introduce it.
The fact that you did call him is likely to be recorded and weakens the allegation but they wouldn't charge you with perverting on that basis alone.
Customer: replied 2 years ago.

Hi Jo

How do you mean other allegations?

What type of things would cause them to charge me? Can my work statement be used against me?

Thanks

Expert:  Jo C. replied 2 years ago.
Yes, it could be used against you. If it is just that you said something inconsistent though they wouldn't charge you on that basis alone. It might be used to support other evidence.
On your other point, any other allegations? Any other reports?
I think I covered really above the issue of what type of things would cause charge. It could be anything that they think is sufficient to show a lie on important facts. It would change on a case by case basis.
Customer: replied 2 years ago.

Hi Jo

No I have never made any other allegations. If in his statement he has said anal sex did not occur but that is what my allegation is based on where would this leave the police?

Is a situation likely to occur from what I have said where they pressure me to admit falsehood or instead pursue my allegation?

Thanks

Expert:  Jo C. replied 2 years ago.
1 That wouldn't lead to a charge.
2 Yes, they could try to do that. At least, they shouldn't ask you to set down anything that is untrue in a statement but what they could say is that you cannot drop the charge unless you say it is false.
That is basically true. At least in legal theory you cannot drop the charge by saying you are not interested any more. The question is whether they would summons.
They do summons with domestics because they are such a waste of time but this isn't a domestic.
They do sometimes summons where the complainant has a long history of making allegations but you have not.
It is possible that they could but really not very likely on these facts.
Customer: replied 2 years ago.

Hi Jo

Why would point 1 not lead to a charge? Surely it would if they could get me to co operate and provide the medical evidence?

As I have not made any allegations to the police in the past (i do have cautions for violence and criminal damage from when I was 18, I am now 25), what do you think the likely outcome of this will be? Do you think it would be to get me to admit falsehood or proceed?

Thanks

Expert:  Jo C. replied 2 years ago.
1 I meant a charge of you. But medical evidence alone is not sufficient to charge any person.
2 I am not going to be able to say what they will do. I cannot second guess their intentions. It does sound as though this particular action is a concern about your evidence rather than one about his but if it is just that you have said something inconsistent that wouldn't normally lead to a charge.
Your previous could be used to support a bad character application but they wouldn't charge you with perverting on that basis.
Customer: replied 2 years ago.

Hi Jo

If he is denying the act, but medical evidence proves this then how can that not be sufficient to charge?

What do you think has led them to be concerned about my evidence? Why do you feel they have not gone for other evidence such as CCTV, witness statements etc?

Also how long is CCTV evidence available for typically in the UK?

Thanks

Expert:  Jo C. replied 2 years ago.
1 Because it depends on other factors. The other problem here is that if he hasn't been interviewed then he hasn't denied anything at all in the course of these proceedings and he would probably not comment until the medical evidence comes back. From what has been said so far he seems to be alleging consent and then medical evidence is a non issue.
2 I will not have any of knowing what has caused them concern. There could be any number of reasons why they have not taken other steps. One might be that there are question marks about the allegation. Another might be that they think there is no point because you have withdrawn. It might just be laziness. There is no way of knowing which applies here.
3 It depends on the type of CCTV. Usually local council CCTV is kept for 28 days but private CCTV is down to the company.
Customer: replied 2 years ago.

Hi Jo

How can he argue its consensual when he is saying anal never occured?

Do you not think they are obtaining the statements as it was mentioned in my withdrawal call and if they didnt, and an admission was made by him the police would be in trouble?

Thanks

Expert:  Jo C. replied 2 years ago.
You said above he told your partner that oral sex took place.
I am not able to tell you why the police are taking these steps. I will have no way of knowing what is in their mind. They may be investigating him or you. If you have said that you want to withdraw and have made a statement to that effect and there are no compelling reasons to summons you then I am not sure why they would be continuing to investigate him.
Customer: replied 2 years ago.

Hi Jo

He told my partner oral sex occured in the club. My accusation against him is that anal sex occured which he is denying took place. He has said it was vaginal....So would this not lead police to want to investigate him?

My partner told the police I initially said I had slept with someone else, then rape. This was because I was stilll drunk/disorientated and didnt recall what actually took place until I saw the blood in my underwear. Could they charge me due to this?

Expert:  Jo C. replied 2 years ago.
Yes, so he is arguing consent.
To be wholly honest, I had realised there was some concern over your evidence. Your partner's evidence is something they will consider and it might well lead them to disbelieve but if that is the only inconsistency they will not charge you. It weakens the allegation enormously but it doesn't prove that you were lying.
If there are other serious problems with your allegation then they might consider it but that alone would not lead to a prosecution of you.
Customer: replied 2 years ago.

Hi Jo

How is he argueing consent when he is denying it occured?!

In most cases of perverting what evidence do they need? Admission of falsehood?

Thanks

Expert:  Jo C. replied 2 years ago.
He appears to me to be saying that sex took place.
Admission of falsehood isn't the only ground. That is obviously very compelling but some false accusers deny it. It depends on the facts of the case. There are no templates because it changes in each case.
I have seen people charged if they admit the allegations false, Sometimes if CCTV shows something entirely inconsistent. Sometimes people are alibied. I have seen a few people charged on no better evidence than that their account just wasn't very credible but that is rare.
Inconsistent recent complaint would not be enough alone although it is a major problem from the point of view of the prosecution of the subject of these allegations.
Customer: replied 2 years ago.

Hi Jo

Yes he is saying vaginal, not anal. So basically him denying anal is not enough?

Because they havent even obtained CCTV etc I dont see where they are going with this.

Expert:  Jo C. replied 2 years ago.
No, not of itself. Medical reports are never that simple anyway.
Sorry, but you said above that they were obtaining statements and CCTV and now you are saying they are not?
Customer: replied 2 years ago.

Hi Jo

Why are medical reports not that simple?

They have not obtained CCTV. They are only obtaining mine and his work statements currently which they have said is for admin purposes?!

Expert:  Jo C. replied 2 years ago.
It is pretty rare that medical reports can ever rule anything out completely.
I would do nothing. There is obviously some concern over your evidence. It is quite unlikely that would lead to any action being taken against you.
Customer: replied 2 years ago.

Hi Jo

They have told me they will have a decision in 4 weeks time due to their current work load. Once they have seen these statements what do you think they will say to me in 4 weeks time?

Expert:  Jo C. replied 2 years ago.
I can't say really. I have no insight into what they are planning.
If there is concern then probably it would be NFA of him.
In truth, they give far more false accusers wasting police time fines then prosecute them for perverting so I wouldn't worry.
Customer: replied 2 years ago.

Hi Jo

Oh i thought they mainly do perverting? Do you not think i would go to prison then?

what does NFA mean?

Expert:  Jo C. replied 2 years ago.
Oh God, no. Way, way more more women are given wasting police time fines than prosecuted for perverting.
Usually it depends what has happened. If a person has been remanded in custody for months on end then it can only be perverting. If it is just that an allegation has been made and swiftly withdrawn and the truth admitted and not much money has been wasted in terms of door to door enquiries then a wasting police time fine often disposes of the matter.
If you are prosecuted for perverting the course of justice and convicted then custody is inevitable. False allegations of rape almost always lead to custody.
No further action.
Customer: replied 2 years ago.

Hi Jo

Sorry I am confused so if I maintain what I have said to date you believe it could be wasting police time but if I said I had lied, then prison?

Expert:  Jo C. replied 2 years ago.
No.
If you maintain what you have said and you are prosecuted and convicted of perverting the course of justice then a specific aggravating feature is that the lie was maintained for a long period of time. That said, you would probably go to prison anyway as perverting is perverting and this is the worst type of false allegation.
If you retract and say that you have lied then they may give you a wasting police time fine. That is a risk but it is possible. In fact, if you make a false retraction they could prosecute you for perverting too. There is a famous case where they did that but it was a bit more complicated in that case than the more conventional ones.
Customer: replied 2 years ago.

But I am not lying, so I dont know what to do?

Expert:  Jo C. replied 2 years ago.
You can only tell the truth in a S9 statement.
I would do nothing.
They might well not believe you. They might even give you a wasting police time fine.
If they do try to prosecute you they have to prove it which is hard to do usually.
Customer: replied 2 years ago.

HI Jo

Does every woman who drops charges in rape cases face perverting? Why would you advise to do nothing?

Expert:  Jo C. replied 2 years ago.
No.
Sometimes they do if they say it is false.
Sometimes they do if they maintain the allegation and are disbelieved.
Generally speaking the police don't like women to withdraw their support for a prosecution because they will perceive it as a waste of their time.
Customer: replied 2 years ago.

Hi Jo

Whats your honest opinion on my case? Why should I not ask to continue the charges at this stage?

Expert:  Jo C. replied 2 years ago.
I don't really think there is much I can add on those points to what I've said.
Customer: replied 2 years ago.

But I dont understand why i shouldnt continue? How would the police now see this? Should i speak to the police about my concerns or not?

Expert:  Jo C. replied 2 years ago.
That is really a matter for you.
The point I was making above, and I don't think I can add any more to it, is that if you do maintain this allegation and you are prosecuted for perverting then it is an aggravating feature that a falsehood was maintained.
Customer: replied 2 years ago.

Hi Jo

So if I wait for the police to come to me do you think its likely based on what I have said that it will be 1) dropped 2) I will be charged 3) I will be given the option to admit falsehood or continue.

Expert:  Jo C. replied 2 years ago.
I'm really sorry and I know that you want certainty but I just cannot give you that.
I have not had vision of this case. I can only tell you the probabilities.
Probably he won't be charged and if he is then he will likely be acquitted given the inconsistencies.
Probably you won't be charged.
They probably will want you to be clearer about why you want to drop the matter.
Customer: replied 2 years ago.

Hi Jo

What factors make you think I probably wont be charged and what should I say when they ask me my reasons why? What I have said so far, the stress etc

Expert:  Jo C. replied 2 years ago.
You can only tell the truth in the course of any statement to the police.
Customer: replied 2 years ago.

well it is due to stress but i dont know why they cannot accept this and leave me alone. What makes you think i probably wont be charged? I just want to live my life and forget about this but dont want that factor to have caused me to be in question. It doesnt seem fair.

Expert:  Jo C. replied 2 years ago.
I cannot guarantee you won't be charged.
It is just that you haven't said anything above that proves that the allegation was false, as I have said.
Customer: replied 2 years ago.

Hi Jo

Okay well I havent said anything other than the truth to you so surely I wont be? Will be with drawing twice warrant being charged?

Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
What else is it you would like to know?
Customer: replied 2 years ago.

Hi Alex

Have you read everything I have discussed with Jo? Are you able to please give your opinion on what is happening?

Thanks

Expert:  Ash replied 2 years ago.
I can't really add anything, my colleague has dealt with it in some detail and extensively. The police may or may not charge you. If you wanted a second opinion I agree with what Jo says,
Alex
Customer: replied 2 years ago.

Hi Alex

It may be as I am stressed but I am struggling to understand what could cause them to charge me based on what I have said?

Thanks

Expert:  Ash replied 2 years ago.
It remains a possibility based on the above conversation.
Alex
Customer: replied 2 years ago.

Hi Alex

But Jo has said the things I have said wouldnt be enough so why is it a possibility?

Expert:  Ash replied 2 years ago.
Because the Police dont always know what they are doing.
Alex
Customer: replied 2 years ago.

If they did try to charge me with perverting would all evidence be obtained such as medical? Is my partner saying I initially said i slept with someone then raped enough to charge perverting? I said this as i was confused/ had not recalled all events and was prompted by the blood in my underwear

Expert:  Ash replied 2 years ago.
I don't know what evidence they have is. I can't really add anything save its very unlikely they would charge you.
Alex
Customer: replied 2 years ago.

I believe they have pursued CCTV. If something damning was found would an arrest be made immediately?

Expert:  Ash replied 2 years ago.
Possibly but not necessarily.
Alex
Customer: replied 2 years ago.

Hi Alex

Why not neccesarily? Also, when a victim withdraws in rape cases would it be probable that other evidence such as cctv would be pursued regardless?

Thanks

Expert:  Ash replied 2 years ago.
I don't think I can really add anything beyond what my colleague has already said. If you are concerned it may be worth making an appointment to see a High Street Solicitor. I only say this as this is a question and answer site and not intended for in depth legal advice.
Your Solicitor can spend many hours talking to you and providing formal advice. There would be a cost to this of course, perhaps more expensive than using the site. But it seems to be that you do need to see a Solicitor to air your concerns.
Alex
Customer: replied 2 years ago.

Hi Alex

Okay thats fine. I was just wondering if it would be typical for investigations to continue.

Expert:  Ash replied 2 years ago.
Sure. They can, it is up to the Police. Good luck with this.
Alex

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