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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69251
Experience:  Over 5 years in practice.
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I need to speak to someone about a false rape allegation, My

Customer Question

Hi I need to speak to someone about a false rape allegation
JA: Thanks. Can you give me any more details about your issue?
Customer: My Wife made a rape allegation and I was bailed, she has since dropped the charges and been contacting me as she wants us to get back together. We have argued a lot about what she did and she told the police she lied, but because I wouldn't get back to her she made a suicide attempt. I got re-arrested for breaking bail and they claimed witness intimidation, she's in a coma so can't tell the otherwise. I am now re-bailed whilst they investigate and they've seized all my devices. What advise would you give me and do I have anything to worry about? We argued a lot but the worst I did was tell her to tell the truth, but she was worried she would get in trouble. I did not once say for her to lie to the police or threaten her to lie for me, I just wanted her to tell the truth. I am really down about all of this
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Submitted: 7 months ago.
Category: UK Law
Expert:  Jo C. replied 7 months ago.

Hello is she likely to recover any time soon?

Expert:  Jo C. replied 7 months ago.

How has she come to be in a coma?

Customer: replied 7 months ago.
She is likely to recover yes
Expert:  Jo C. replied 7 months ago.

Ok. Why is she in a coma?

Are they going to have a written record of you communicating with her?

Customer: replied 7 months ago.
I'm not sure probably
Expert:  Jo C. replied 7 months ago.

Is it going to show you inviting her to withdraw her allegation?

Customer: replied 7 months ago.
No I did not ask her to withdraw it she contacted me and told me she did which she has and I only asked for to tell the truth because I didn't do anything. Most of the messages are us arguing about our relationship and her asking to meet me or get back with me. At no point did I ask her to withdraw only to tell the truth.
Expert:  Jo C. replied 7 months ago.

I don't think they could charge you with witness intimidation.

There are probably Bail Act offences in the fact that you were contacting her even though it is her fault because she is unstable and dangerous for everybody around her. Nevertheless, you are almost certainly on bail with conditions of non contact and responding would be a breach.

If they do charge you with witness intimidation then plead not guilty. There won't be a jury in christendom that will convict you on this evidence.

Can I clarify anything for you?


Customer: replied 7 months ago.
Can I get my devices back from the police because they have my work things and children's things as well and I've had to buy a new phone and computer? Also all I have on the computer is evidence I stored about my Wife such as messages and screenshots. I am worried as this will form part of my defence if it goes further?
Expert:  Jo C. replied 7 months ago.

Not until they have finished the investigation.

You will be able to get access to any information that undermines her account or assists your defence.

Customer: replied 7 months ago.
How do I get that access as everything on there undermines her account?
Expert:  Jo C. replied 7 months ago.

This is really for your solicitor to sort out not you.

They have to disclose anything that undermines or assists when you submit your defence statement but that isn't something you can do yourself.

Customer: replied 7 months ago.
Thanks. Based on what I have told you do you think this will go to court? What would the CPS make of it all?
Expert:  Jo C. replied 7 months ago.

It probably is going to go to court. That is why the rape conviction rate is low. If they are going to prosecute lots of false allegations they will not get convictions.

Customer: replied 7 months ago.
You really think it would still go to court even after she admitted lying? I thought CPS has to believe it has a good chance. I would be so worried if I have to go to court....
Expert:  Jo C. replied 7 months ago.

Yes, I do.

CPS charge rubbish all the time. That is why the conviction rate is low.

they have just changed their policy to allow them to investigate rather than accepting any nonsense but you would never notice much difference.

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