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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70535
Experience:  Over 5 years in practice
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I made an allegation of rape the biggest mistake of my life.

Resolved Question:

I made an allegation of rape the biggest mistake of my life. They arrested my partner and have said there is no contact between us and he can't see his children unsupervised. I have retract my statement as I made a huge mistake what can I do as I would like him back home and able to see his children I was told he could see the children and have the children and have now just been told he can't I'm really worried and scared what can I do if anything?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Have you done this before?
Customer: replied 1 year ago.
No
Customer: replied 1 year ago.
Never I was a bit drunk and previous day in hospital on medication.
Expert:  Jo C. replied 1 year ago.
Have you said the allegation was untrue or just that you didn't want to support it?
Customer: replied 1 year ago.
I said it wasn't true and that I didn't want to take it any further
Customer: replied 1 year ago.
I can't call I'm afraid I don't have the money
Expert:  Jo C. replied 1 year ago.
It is a difficult situation.if they believe that you have lied you probably will be prosecuted for perverting or at least given a wasting police time fine.If they do not believe that you have lied then they may well summons you. They tend not to do that with rapes though compared to allegations of violence.
Expert:  Jo C. replied 1 year ago.
The reality though is that social services will be interested in the matter and they are not going to allow access until they have investigated.If these are just police bail conditions then they will disappear when the police interest comes to an end.
Expert:  Jo C. replied 1 year ago.
The problem is that they will have spend a lot of money and police resources on your allegation now. It is not really in the public interest to just drop it at this stage.
Customer: replied 1 year ago.
So is there nothing I can do? What is my best option?
Customer: replied 1 year ago.
They have just said he can see the children unsupervised as it wasn't part of the bail conditions. So it seems like they can take a statement when I'm drunk but can't listen when I'm sober?
Customer: replied 1 year ago.
They are also saying because I said something happened last yr on holiday they are not happy that he hasn't been violent but he never has this has all gone horribly wrong. I can't believe social services are getting involved also it's breaking me so very much.
Customer: replied 1 year ago.
I have never been in trouble before and neither has my partner I just can't believe I was stupid enough to do something like this.
Customer: replied 1 year ago.
Sorry are you still there?
Expert:  Jo C. replied 1 year ago.
They have taken a very serious allegation from you when drunk.
Customer: replied 1 year ago.
Yes that's correct
Expert:  Jo C. replied 1 year ago.
It is not unreasonable of them I'm afraid.Public money has been spent on this and they have to justify that resources are used sensibly.
Customer: replied 1 year ago.
Sorry what does that mean? What can I do? What will be best for me?
Expert:  Jo C. replied 1 year ago.
Well, as I've said really. If they believe that you lied they will probably prosecute you.If they do not believe you lied they will probably summons you and prosecute him.It is possible that they could do neither but it can't be relied upon.
Customer: replied 1 year ago.
What does summons me mean? I don't want to prosecute though
Expert:  Jo C. replied 1 year ago.
Summons you to give evidence against him.I understand that you don't want to prosecute but the problem is that you have made an allegation and public money has been spent on it.
Customer: replied 1 year ago.
I understand that but when allegations are made in the celebrity world they don't have this? But if I don't want to prosecute how can they make me? This inly happened last night and I spoke to them this morning saying I had remembered certain things of the night that confirmed I did consent
Expert:  Jo C. replied 1 year ago.
They can get a summons and a witness warrant to pick you up on arrest if necessary. Happens with domestics all the time.
Expert:  Jo C. replied 1 year ago.
If you have now said that you lied though then they could prosecute you. Difficult to predict.
Customer: replied 1 year ago.
I'm really sorry I don't understand all this, surly they can't make me do something I don't want to? But it wasn't so much a lie as to just being wrong? I want my family back together and my partner who's a good man back home. There must be something I can do?
Expert:  Jo C. replied 1 year ago.
Yes, they can for the reasons I have explained.happens with domestics all the time.
Customer: replied 1 year ago.
So what is the worst thing that can happen? They would really want a conviction based on money spent?
Expert:  Jo C. replied 1 year ago.
Resouces wasted, taken away from deserving cases etc. They may well think it is in the public interest that either a rapist or a false accuser is punished.I'm really sorry but I'm not going to be able to tell you that there is no chance that one of you will not be prosecuted.There are no magic wands now that you have made this allegation.
Customer: replied 1 year ago.
I want to be with him we have a good life together work very hard for everything we have this is one stupid mistake that I regret deeply
Expert:  Jo C. replied 1 year ago.
I am really sorry and I wish i could give you a different answer but the view is probably going to be taken that making a false allegation of rape is rather more serious than that.
Customer: replied 1 year ago.
But I've had flash backs of night it was only last night. Surly people make mistakes all the time no? I have never been in trouble before and didn't want this. Will he be sent to prison at all?
Expert:  Jo C. replied 1 year ago.
I don't think it is really possible to attribute a false allegatio of rape to a mistake.
Expert:  Jo C. replied 1 year ago.
Yes, he could be remanded. It depends if he is charged.If you are charged then you won't be remanded but custody is likely.
Customer: replied 1 year ago.
But it was it was wrong of me to even think or say he had? I don't know why I did, as I explained I was on a lot of medication the day before from the hospital and it clearly affected me
Expert:  Jo C. replied 1 year ago.
Yes, it was.That is why you may be prosecuted.Or they may not believe your retraction and prosecute him. If you haven't done this before at all to anybody then there is a chance they may do nothing but that cannot be guaranteed.
Customer: replied 1 year ago.
Never done anything like it before never been in trouble. If I'm prosecuted what am I looking at? And the same for him?
Expert:  Jo C. replied 1 year ago.
He would get between 5-8 years.You would probably get between 3 - 12 months basically because you did retract very quickly which is a point of mitigation for perverting.
Customer: replied 1 year ago.
So he can still be prosecuted for something I've done wrong? 5-8 years for something he didn't do?
Customer: replied 1 year ago.
Sorry what does the last bit mean? I retracted quickly as I knew he hadn't done anything wrong. Was that bad?
Customer: replied 1 year ago.
And also being on medication does that not go against anything?
Expert:  Jo C. replied 1 year ago.
Not really. Come what may, you made an untrue allegation.
Customer: replied 1 year ago.
Ok well these kind of situations how long do they take to resolve? I have a family I don't want to upset anyone
Customer: replied 1 year ago.
I know I've done something stupid but surly not doing anything like this before not being in trouble helps no?
Customer: replied 1 year ago.
I just want to take everything back I no its not as simple as that but I haven't even heard from social services etc.. Please there must be something I can do to end this in a better situation.
Expert:  Jo C. replied 1 year ago.
If he is on police bail then it is probably for three months while they take CPS advice.
Customer: replied 1 year ago.
What is cps advice? He has been released on bail for upto 6 wks? Does that make any difference?
Expert:  Jo C. replied 1 year ago.
Advice from CPS.Not really. They are probably doing further enquiries.
Customer: replied 1 year ago.
What is cps? Sorry I'm feeling very ill over this and extremely worried. Could there be a better outcome with any help from me?
Expert:  Jo C. replied 1 year ago.
Crown Prosecution Service.
Customer: replied 1 year ago.
And what do they do? There isn't really proof only my say so is that a going to help?
Expert:  Jo C. replied 1 year ago.
Advice on the prosecution.There isn't prove in most rapes. An allegation is evidence. Many people are convicted on allegations alone. Some people are convicted for making false allegations although far too few compared to the number who make them.
Customer: replied 1 year ago.
I keep throwing up knowing I've done something really stupid and jeopardised my family but surly they have to take into account being drunk and on medication? And that have said it was a false allegation
Customer: replied 1 year ago.
There must be something I can do to improve this situation
Expert:  Jo C. replied 1 year ago.
I'm really sorry but I will not be able to tell you that is a defence.This is a serious matter and there is no defence in being drunks or on medication as it would not be if a person committed a rape whilst drunk or on medication.
Expert:  Jo C. replied 1 year ago.
I wouldn't tell the police you consider you have done something stupid though. This is not stupid. This is a false allegation of rape. This is serious.
Customer: replied 1 year ago.
I understand but what am I supposed to say? This is very very wrong.
Expert:  Jo C. replied 1 year ago.
All you can really say is that it was untrue.I'm happy to continue with this but please rate my answer.
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Customer: replied 1 year ago.
so when do I say that when they speak to me? Will they ask me again if it's true or not will they actually ask me is this allegation true or not? I will rate
Expert:  Jo C. replied 1 year ago.
Yes, they probably will do that especially if you have already said it is untrue.