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Needing a bit of clarity here. 3 weeks ago I was arrested…

Hi, Needing a bit of clarity...
Hi,
Needing a bit of clarity here.
3 weeks ago I was arrested for an allegation of attempted rape and kept in custody for 36 hours (including cells at Glasgow Court).
The evidence was based on a girls claim to police and they found me using the DNA database. Although the Police said that they could not prove intercourse had taken place. (my semen was found on her skin).
Anyway obviously this was a lie on her part but that's not my issue.
I was given notice by a G4S guard at the Sheriff court that I had been liberated due to insuffiency of evidence.
I got let out with no actual letter or note and sent on my way.
My lawyer then called a few hours later to give me advice and his words worried me.
This may be reinvestigated at a later date but couldnt give me any time scales, therefore I am living in constant fear of the Police knocking on my door.
Can you advise any more or guide me to a website that shows liberation without appearing in a court room online as I cannot seem to source any info.
Thanking you in advance for your reply.
C
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Answered in 1 hour by:
3/18/2016
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12,376
Experience: 30 years as a practising solicitor.
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I can't give you too much comfort I'm afraid other than to say that if the PF liberated you on the day it was because they had insufficient evidence at the time and the PF has to assess whether he can proceed with a case a secure a conviction. Clearly it was thought not. So they have to liberate you. There is no website that will help you with this. however "what further investigations can they make?" is the question you have to ask. Are there any witnesses? Is there any other scientific test that could be done? In this type of case if there's no evidence at the start often there is no evidence ever. It may be that the complainer has retracted her story. You don't say what actually happened and why your semen was found on her skin. So whilst rape is a common law crime and no time limits apply to it, it is perhaps unlikely that they expect to get any more evidence and that is why they have not proceeded with the court process. I hope that helps.

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Customer reply replied 2 years ago
Thank you for your response, it was a one night stand, mutual consent that amounted to nothing other than a fumble under the covers the next morning, confirmed by her statement, although she did cry rape. Obv this came as a big shock to me as the events that led up to the fumble were instigated by her.
There can be no more DNA or tests that I can think of, they already traced me using my semen dna, no witnesses as we were in alone.
I was interviewed by police and obv did not corroborate this and took the "no comment" stance.
It just seems so surreal that a girl can do this to a guy and he gets locked away for 36 hours along with a constant worry that the Police will chase after me at a later date.
Your answer though has been helpful.thank you
From what you have said, you're unlikely to hear any more about this. Don't forget to leave a positive rating so that I am credited by the site for my time.
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12,376
Experience: 30 years as a practising solicitor.
Verified
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