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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11129
Experience:  30 years as a practising solicitor.
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I was repeat raped by my partner. We split up & I proceeded

Resolved Question:

I was repeat raped by my partner. We split up & I proceeded to press charges. He was arrested & charged with rape on 2 counts as it came to light that he had raped a previous partner. He begged me to take him back promising me the world. I was weak and vulnerable as well as mentally ill & agreed to give him an other chance. He then began to manipulate & bully me to drop the charges. I went to my PF & asked for the case to be dropped. It took a while but eventually the case was dropped. I now wish to proceed with the rape charges & have my case reopened, is this possible?
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
A prosecution is entirely at the discretion of the procurator fiscal. It is certainly legally possible for the PF to reinstate the charges as there was no trial. As a matter of practice, he may not do so given that you already requested that the charges be dropped.
You will have to go back to the PF, explain how you were manipulated by your ex and ask them to take up the case again. The PF will have to reexamine the case and decide whether it's in the public interest to do so again.
However, in answer to your question, it is perfectly possible for him to do so, yes.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 2 years ago.

The PF said there was no way of reopening the case but did not say why. Can I not do it privately? Can the CID not help?

Expert:  JGM replied 2 years ago.
The case could only not be reopened if it called in court and was dismissed on what is called simpliciter. In that event, new evidence would be needed. You should ask the PF for the precise reason why the case can't go forward.
The CID have no jurisdiction to prosecute. A private prosecution is possible but rare in Scotland and in any event needs the agreement of the PF to go ahead. In addition it would have to be funded by you.