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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 5443
Experience:  Owner at James Bruce Solicitors
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My wife has accused me of rape to get custody of the

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My wife has accused me of rape to get custody of the children
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: london
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: She has borderline personality disorder, a history of violence and has had her older children taken away for a few years

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

I have read your comments, how may I assist?

Customer: replied 11 days ago.
Thank you

Sorry call offers are auto generated from the site, not from me. I am currently unavailable for calls, but more than happy to continue here.

Customer: replied 11 days ago.
Ok

Have you been arrested or interviewed by police?

Customer: replied 11 days ago.
bailed
Customer: replied 11 days ago.
after we had been out she gets violent when drunk she attacked me and when the police arrived her daughters and her accused me of punching her daughter

Were you represented by a solicitor in interview?

Customer: replied 11 days ago.
The rape allegation was not made until the next day and later in the day I was accused of multiple rapes including on our first date
Customer: replied 11 days ago.
I called the police when she attacked me

Were you represented

Customer: replied 11 days ago.
I was

Very well, so how can I assist? What is your actual question?

Customer: replied 11 days ago.
I am more concerned she is using it to try and get custody , social services have called for an emergency meeting

That may well be the case, but you should be very concerned with the allegations. They are serious.

If social services are calling a meeting then I would suggest you seek a local fMily law firm to represent you with any child matters.

Customer: replied 11 days ago.
I am concerned with the allegation which is 100% false
Customer: replied 11 days ago.
She fully contented ask for the lubricant and put romantic music on, she even asked me to play with her more after we finished

Did you state this in your interview?

Customer: replied 11 days ago.
The nanny was in the other room with our children and when we finished we got dressed laughed and played with the kids, went to work together sexted during the day and had a date night that night
Customer: replied 11 days ago.
I did

Then I would expect the bail is for the CPS to review the case and decide what to do. Your solicitor can advice you on that, they were with you and know exactly what was said.

Customer: replied 11 days ago.
Our first he first time we had sex we kissed went upstairs , when we finished we went to Birmingham together and then went for dinner, she posted on our wedding picture it started as a kiss
Customer: replied 11 days ago.
The bail is for them to look at my laptop iPad and phones
Customer: replied 11 days ago.
I think it’s changed and is about cohesive control and feeling obliged rather than her saying no
Customer: replied 11 days ago.
Do the police always refer it to the cps or because I have not been charged are they deciding to send it to the cps

Really you need to speak to your solicitor as you are represented.

As advised, look for a family law firm to deal with the child matters.

Yes the file will go to the CPS, they decide whether to charge such cases.

Customer: replied 11 days ago.
Any likelihood that the police will not hand it on because of all the consenting naughty videos on my laptop etc

It is serious allegations, so the decision to charge rests with the CPS not the police. The police investigate.

Customer: replied 11 days ago.
What if my wife withdraws the allegation

If she made it up, she could be charged with wasting police time, or attempting to pervert justice.

The allegations are very serious. Once a complaint is made, it is out of her control if it continues or not.

Customer: replied 11 days ago.
Does her behaviour after the event have a part to play with the cps decision

The CPS will consider everyth8ng.

Customer: replied 11 days ago.
This is simply not fair and a horrible place to be

Unfortunately this is the way the legal system works.

Customer: replied 11 days ago.
From the line of questioning it seems like a control accusation what is that called
Customer: replied 11 days ago.
Like I did not let her wear Panama’s in bed and made her sleep naked
Customer: replied 11 days ago.
Pajamas

I really cannot comment on what was said in the interview, I was not there. You would need to discuss that with you lawyer representing you.

Customer: replied 11 days ago.
My research says their is 2 types of rape one outright her saying no, the other is her not saying no but feeling obliged , what is that called please

Rape is rape. There is only one offence, non consensual sexual intercourse.

Even if she agreed and part way through said stop, if you continued that is rape.

Customer: replied 11 days ago.
Will it be less likely to proceed if she withdraws the allegation
Customer: replied 11 days ago.
She did not say stop

As advised that is not her decision to make now she has made the allegation.

Customer: replied 11 days ago.
It feels like she told them she felt controlled but did not say no because she felt controlled
Customer: replied 11 days ago.
Does it make it worse because she is 27 years younger than me and very pretty
Customer: replied 11 days ago.
We have 3 children 3, 2 and nearly 1
Customer: replied 11 days ago.
if she said she did not say no but felt controlled and obliged is that still rape

If she felt forced yes.

james bruce and 3 other Law Specialists are ready to help you
Customer: replied 11 days ago.
Even though she did not say no
Customer: replied 11 days ago.
This is really a messed up situation, Will the cps take her borderline personality issue into account
Customer: replied 11 days ago.
What
Percentages of cases do the cps proceed with

As advised, the CPS will consider everything. I cannot answer for the CPS whether they will proceed

Customer: replied 11 days ago.
Do you think they are less likely to proceed because she did not say no and is making up that she feels obliged
Customer: replied 11 days ago.
Especially with all the naughty videos with her instigating everything
Customer: replied 11 days ago.
Lots of videos with her saying she felt horny

I am sorry I cannot answer for the CPS, you are asking me to guess what they may or may not do. I can advice on the law, Not guess, in any case there is a 50/50 chance either way.

Customer: replied 11 days ago.
Are they less likely to proceed if she withdraws the allegation
Customer: replied 11 days ago.
Is she likely to get into trouble if she withdraws it

Only the CPS can decide. I have already explained that several times.