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Feminism: Sex and gender discussions

Raped and now my case has been NFA'ed

114 replies

NotAScoobyDoo2 · 30/11/2024 20:37

At the beginning of the year I was raped by my ex-boyfriend. I reported him to the police and they investigated it. I had the news last week that it wouldn't be going to the CPS because although they think the case was strong there were messages I sent saying that I wanted to have sex with him which apparently undermines my case. They said that any jury would assume that he would have the reasonable belief I consented.

To put the matter into context he forced me to have oral sex with him and whilst doing it pushed my head so far down into his groin that I couldn't breathe. I felt like I was fighting for my life and was terrified.

I've spent months in therapy and have had a diagnosis of Acute Traumatic Stress Disorder (apparently they can't give a diagnosis of PTSD for symptoms that exist for less than a year).

I'm applying for a review of the evidence but it feels like I'm fighting against a system which is rigged against me. If I have to, I'll make a complaint the Police about the way this has been handled and I'll take it as high as I can.

I know I'm preaching to the converted. How can I make other people listen?

OP posts:
IwantToRetire · 01/12/2024 00:50

So sorry OP to hear what happened to you.

Unfortunately women who have been sexually assaulted or raped are trapped in a circle of a legal system that has still not thrown of patriarchal attitudes.

Too often the police wont refer cased to the CPS, as the CPS only likes to take on cases it thinks has a very high chance of winning (it make their stats look good) and the CPS are reluctant to put cases to trial because all too often juries dont believe women, or even if the do "dont want to damage a man's reputation, future".

And it is of course of no comfort to you or all the other women let down not just by the system, but I am afraid social attitudes that still assume somehow the woman is at fault.

In response to you saying you dont want what happened to you happen to others I was wondering about these.

Have you tried contacting groups like Justice for Women? https://www.centreforwomensjustice.org.uk/home They may not be able to take up your case, but they may have advice or at the least have more information from your case about what is happening in the "justice" system.

You may get advice from Rights of Women https://www.rightsofwomen.org.uk/get-advice/call-our-advice-lines/

Or write to Jess Phillips who is Parliamentary Under-Secretary of State for Safeguarding and Violence Against Women and Girls https://www.gov.uk/government/people/jess-phillips

Or even your own MP?

I'm sorry that underfunding means you didn't or haven't yet had support from an ISVA.

This seems to be part of the failure of Governments to act on all their bold statements about wanting to end violence against women.

All this does make me wonder whether all the women who have been let down by the police and the CPS like you shouldn't come together as a group. And work together to make more people aware what is going on.

Maybe someone like Julie Bindel would write an article about what has happened to you? I am sure if you wanted she would make it annonymous.

I'm sure you probably know most of this, but also wanted to say I hope you can get some justice.

IMO - definitely make a complaint to the police!

NPET · 01/12/2024 00:27

That's horrible. I hope you've friends and other organisations who can help you. When I was SA'd at 14 even then I and my parents had to fight to get the boy responsible arrested, so I know how the system doesn't work.

NotAScoobyDoo2 · 30/11/2024 23:50

Avalovelace · 30/11/2024 22:10

Sorry but not surprised to hear that. My ex was recently acquitted of 3 charges of rape against me at a crown court trial despite him virtually admitting it on tape. Even his defence lawyer thought he'd be found guilty. It's shit. Sending strength.

I'm so sorry to hear this. I don't know what's going on at the moment. I know people going through this who's cases are almost certain yet fail at trial. I feel like misogyny is at an all time high.

OP posts:
NotAScoobyDoo2 · 30/11/2024 23:02

It's my belief that all women should be complaining.

OP posts:
NotAScoobyDoo2 · 30/11/2024 22:44

Circumferences · 30/11/2024 22:40

For the CPS to accept a trial of this sort, there needs to be a 90% certainty of a conviction.
So yes, any sexts or anything like that will mitigate that certainty. It's a high bar.
It's shit.
You don't have the legal system on your side.

My comment was deleted for saying I know of far worse cases that have been dismissed.

You need to get realistic and find the support you need because the law won't be that support.

Even if you're right, I still need to complain. The conviction rate is shit for a reason and even if I don't succeed it's still within my right to complain and to ensure that police amd victims are aware of the laws and that victims know that they're available.

OP posts:
NotAScoobyDoo2 · 30/11/2024 22:41

leia24 · 30/11/2024 21:14

I'm really sorry that you've been through this. Are you getting support from a RASA centre? Do you have an ISVA to help you with the VRR?

Unfortunately not. Since I started there haven't been any ISVA's available in my area. I'm on the waiting list. Fat lot of good it's done me.

OP posts:
Circumferences · 30/11/2024 22:40

NotAScoobyDoo2 · 30/11/2024 22:35

They are. That's basically what she said. There's a lot of evidence detailing injuries. She said a jury would assume that I reasonably consented just based off his text messages.

For the CPS to accept a trial of this sort, there needs to be a 90% certainty of a conviction.
So yes, any sexts or anything like that will mitigate that certainty. It's a high bar.
It's shit.
You don't have the legal system on your side.

My comment was deleted for saying I know of far worse cases that have been dismissed.

You need to get realistic and find the support you need because the law won't be that support.

leia24 · 30/11/2024 22:40

NotAScoobyDoo2 · 30/11/2024 22:37

I'm happy to be realistic after I've exhausted my options. For myself, I need to feel I've tried though. If I don't try I'll never know.

Appeal it. Get an advocate to help you. Whichever way the legal and criminal processes go, its hard and its awful and it's devastating. If you feel like appealing it is the best way forward for you then do that.
But ISVAs really are worth their weight in gold with stuff like this.

ReadingSoManyThreads · 30/11/2024 22:40

This is despicable. Fight this. I'm not sure how, a formal complaint to the police? You have evidence of injuries you say, surely that accounts for something? I honestly despair at how terribly our system treats women.

Just because the texts say you wanted to have sex, does not mean you consented to him forcibly pushing your head down to the point you couldn't breathe, leaving you fearing for your life and traumatised. These men are toxic.

NotAScoobyDoo2 · 30/11/2024 22:37

Circumferences · 30/11/2024 22:35

Still need to be realistic though.

The courts are not your friend!

OP you need to find your way through your trauma that is outside of the legal system and I say this with genuine experience, despite people this thread getting my comment deleted 🙄

I'm happy to be realistic after I've exhausted my options. For myself, I need to feel I've tried though. If I don't try I'll never know.

OP posts:
leia24 · 30/11/2024 22:36

Whomarriedwho · 30/11/2024 22:34

What was misread. The poster said it didn’t go to the CPS. These cases are reviewed by the DI who decides whether it will go to the CPS.

...OK but I was saying that I had misread?
I understand how the Police work, I just misread the OP, hence my post.

NotAScoobyDoo2 · 30/11/2024 22:35

Circumferences · 30/11/2024 22:30

The problem seems to be that juries are taking the sides of defendants at the moment

It didn't reach a jury.

They are. That's basically what she said. There's a lot of evidence detailing injuries. She said a jury would assume that I reasonably consented just based off his text messages.

OP posts:
Circumferences · 30/11/2024 22:35

Whomarriedwho · 30/11/2024 22:30

Let’s not play rape bingo. You can’t say what you’ve experienced is a lot worse.

Still need to be realistic though.

The courts are not your friend!

OP you need to find your way through your trauma that is outside of the legal system and I say this with genuine experience, despite people this thread getting my comment deleted 🙄

mommatoone · 30/11/2024 22:34

OP , I'm sorry to hear this. As per PP, I would imagine this hasnt got to CPS decision in the first instance. You are doing the absolute right thing,asking for a review of the case . No means no,at whatever stage YOU withdraw consent. Be confident and stand up for yourself really wish you well OP x

Whomarriedwho · 30/11/2024 22:34

leia24 · 30/11/2024 22:31

Misread!

What was misread. The poster said it didn’t go to the CPS. These cases are reviewed by the DI who decides whether it will go to the CPS.

leia24 · 30/11/2024 22:31

Whomarriedwho · 30/11/2024 22:26

Cps didn’t review the evidence. It didn’t get that far. It will have been reviewed at detective inspector level who decided it didn’t meet the evidential threshold to go to cps.

Misread!

NotAScoobyDoo2 · 30/11/2024 22:31

Dotto · 30/11/2024 22:25

Disagree. This is the only way things change and OP seems determined.

So what, you just stop trying to make things better? If women don't complain how will it ever get better.

OP posts:
Whomarriedwho · 30/11/2024 22:30

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

Let’s not play rape bingo. You can’t say what you’ve experienced is a lot worse.

Circumferences · 30/11/2024 22:30

The problem seems to be that juries are taking the sides of defendants at the moment

It didn't reach a jury.

Whomarriedwho · 30/11/2024 22:29

Dotto · 30/11/2024 22:25

Disagree. This is the only way things change and OP seems determined.

The evidence is the evidence. If it’s not there, challenging the decision will make no difference whatsoever. I’m not saying for a minute that this is a good or just thing, but without clear, uncompromised evidence there is no chance of a conviction. The space for reasonable doubt is too big.

Circumferences · 30/11/2024 22:29

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

NotAScoobyDoo2 · 30/11/2024 22:28

Snoopdoggydog123 · 30/11/2024 22:15

I am honestly so sorry.
I would council you to explore how you would feel if after the horrific ordeal you will be put through fighting this it was still NFA

To be honest, I would feel worse knowing that I hadn't done what I could to stop it happening to someone else. I need to try and if I fail at least I know I will have done my best. - There was a very similar case last year where a woman was killed by her partner and the coroner ruled "unlawful killing". There is a clause under the DAA which states a victim can't consent to serious harm for sexual gratification.

The problem seems to be that juries are taking the sides of defendants at the moment. It's weird and toxic.

OP posts:
Whomarriedwho · 30/11/2024 22:26

leia24 · 30/11/2024 22:09

This is a really hurtful thing to say and completely unnecessary. Your experience of working as a prostitute isn't even a little bit relevant. Clearly it was appropriate for the CPS to be bothered with as they have reviewed the evidence and explained the decision making.

OP please don't listen to this. What happened to you matters.

Cps didn’t review the evidence. It didn’t get that far. It will have been reviewed at detective inspector level who decided it didn’t meet the evidential threshold to go to cps.

Dotto · 30/11/2024 22:25

Whomarriedwho · 30/11/2024 22:23

Sorry to hear this but if there are these text messages then it does undermine the case. Rape cases are notoriously difficult to prosecute when there’s no undermining evidence never mind when there is. Juries judge women extremely harshly. I doubt complaining would change the outcome. It won’t have been a snap decision, they would have weighed up the pros and cons at length.
I think you have to consider that complaining and still getting the same result might damage your mental health further.

Disagree. This is the only way things change and OP seems determined.