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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 777
Experience:  Solicitor with over 15 years experience.
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I been falsely accused of rape. I meet a women on a dating

Customer Question

I been falsely accused of rape.
I meet a women on a dating site we arrange to meet, she pick me up from the train station we drive to her house, we drank wine and watch a movie, we then when to her room we have no clothes on just underwear we kiss and cuddle but nothing happens.
I decided to leave and she stop by the door telling to please stay and don't leave many times. we start kissing again and when back to the room and have sex.
I left after I finish walking back to the train station I receive the following messages:
MSG1 please come back
MSG2 Please come back
I didn't reply, later that night she keep messaging me and she was upset so i reply sorry for what I did meaning leaving and not staying with her.
The next day got lost messages from her telling me I rape her and lots voicemail I ginore
one of the messages were:
MSG3 I forgive you I won't call the police
MSG4 that mean we won't see again
I reply some of the messages telling her I don't have time to talk I am with my son
the rest of the messages I didn't reply
*Considerations
-she didn't report the rape days after
-text messages
-I have been with social services before for domestic violence but that is closed
-I got other girls messages on my phone but no complaints from any
Can you please help me and give your opinion, I am now on bail until October
Submitted: 1 year ago.
Category: Law
Expert:  LondonlawyerJ replied 1 year ago.
Hello, I am a solicitor with 20 years experience. I will try to answer this for you. I take it you are on police bail having been arrested and interviewed by the police.
Did yo have a solicitor in the police station? Did you put forward your defence of consent in the interview (either by answering questions or in a written statement)?
If you don't have a solicitor you must get one. Which part of the country did this happen in?
It is had to really asses the strength of the case against you based on what you tell me but on your particular points
1 delay in reporting. This is a very common feature in rape cases and the defence can try and make something of it but it is a bit double edged to do so.
2 text message. Well they are there and can be interpreted in different ways
3 were you convicted of anything and were there any children or contact issues involved?
4 other girls are not really relevant.
I suspect you will have further question so please ask more if you would like to.
Customer: replied 1 year ago.

Did yo have a solicitor in the police station? Did you put forward your defence of consent in the interview (either by answering questions or in a written statement)?

Customer: replied 1 year ago.

Did yo have a solicitor in the police station?

Yes

Did you put forward your defence of consent in the interview (either by answering questions or in a written statement)?

I had an interview and put my case forward

were you convicted of anything and were there any children or contact issues involved?

Not my wife and i was just interview by the police

those messages she sent... if i did rape her she wont ask me to come back right ??

If she was really upset about what happens why she want to go back and see me again ?

thanks

were you convicted of anything and were there any children or contact issues involved?

Expert:  LondonlawyerJ replied 1 year ago.
The psychology of rape victims is complex and unpredictable but the 2 "come back" texts can certainly be used to assist your defence. YOU points are entirely valid points to be put to the jury if it gets that far. The CPS will try to spin your "sorry" text to assist their case.
The old DV matter will be irrelevant.
You should speak to your solicitor about this. You should also have received a letter from them if the arrest was more than a few days ago.
The fact you are on bail is a hopeful sign ans it means that the CPS and police do not think that there is sufficient evidence to charge you yet.
If they did think there was enough evidence you would have been charged already. How long after the incident did she make the first complaint?
What specifically do you want to know? If you could make your question more specific that would help.
Customer: replied 1 year ago.

Thanks, ***** ***** receive a letter from the solicitor but is willing to advice if I don't pay, so I will hold on until 2 weeks before answer my bail and ask them to call the police to find pout what happens.

I am ready to get a solicitor if the matter go that far hopefully not.

-is anything I can do before answer my bail?

-should I have a solicitor with me when answering my bail?

-do you know a best layers for this type f situation you can recommend in London ?

-do you think the messages I got on my phone will be enough to drop the case?

Expert:  LondonlawyerJ replied 1 year ago.
Are you saying your solicitor won't talk to you unless you pay him? If so that is an astonishing attitude from them.
As far as your 4 oints go:
1 probably not, unless there is some evidence to preserve
2 yes insist on a solicitor at your bail return. If you had a solicitor at arrest then his fee covers the bail date as well.
3 there are a lot of good lawyers in London,
4 No not on their own.
I think it might be useful for us to talk on the phone. I will therefore be sending a suggestion for an additional service ie a phone call in the next couple of minutes
Customer: replied 1 year ago.

What will make the police drop the case?

-Phone messages ... I understand not on their own

-It was alcohol involved

what evidence they will be looking for ?

Thanks for your phone call request but I am at wok cant really talk

Expert:  LondonlawyerJ replied 1 year ago.
Ultimately if the woman says you raped her then unless there are incredibly strong reasons not to prosecute (not issues like phone messages and consumption of alcohol) even if there are a number of problems with the prosecution they will probably still prosecute.
The prosecuting authorities are very nervous about not prosecuting sex cases.
Customer: replied 1 year ago.

Oh that is bad

so that mean I will still get charge been innocent.

I have been reading lots articles on the net and say on;y 5 percent of the allegations actually get prosecuted

Expert:  LondonlawyerJ replied 1 year ago.
I don't believe those figures.
In my experience if they get as far as arresting you and there is an accuser willing to sign a statement then there will usually be a prosecution.

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