Does Anyone have experience of false allegations of rape ?

[keiley7899]

I’m a bit distraught at the moment as my son has falsely been accused of rape, luckily the matters is NFA but unfortunately we’ve been told it’ll still be recorded.

In 2016 my son had sex with a girl with support needs/learning difficulties, my son had been drinking at the time and had just come out a a relationship himself, my son can be naive at times and does have ADHD which does affect his decision making and behaviour choices. He told her a few days later he wanted to end things with her as he realised by that point that she appeared to be vulnerable. He did offer her support and to stay friends and helped her out when she got bullied and assaulted but it became too much so he stopped talking to her completely. She then kept on harassing him sending sexual photos of herself and asking him for sex. Anyway In 2020 she began harassing him again and he swore at her and then she reported him to the police for harassment but luckily they agreed he wasn’t harassing her. She also told him that she had been raped by someone and named him then she said that she has bad news and that her rapist had been found dead and named a different person. After they had an argument again and she reported him to the police get again she then said sick comments about my deceased husband and spread rumours about him saying that he raped her, he then reported her to the police for making these false statements and he was told that two officers from CID would speak to her and that one had experience of dealing with her. After they spoke to her he was informed that they told her to leave him alone and he thought that was the end of it.

in August I had a CID officer at my door and they told me that he was accused of rape by this girl they even named her. He was very annoyed and upset that the police told me and is taking legal action against the officer for this. They wanted to interview him but in the end they agreed he could give a prepared statement with his sollicitor and he showed screenshots of her asking him for sex e.t.c.

After the case was NFA’d he asked that she could be investigated for false allegations/perverting the course of justice, he sent the officer screenshots whereby she said he hadn’t raped her and that it was someone else. the officer has just got back to him saying that there is insufficient evidence for perverting the course of justice and it’s a state based crime so technically he isn’t the victim. The officer said the rape would still be recorded but no further offences would be recorded including false allegations by her !

Does anyone have experience of what to do in this situation ? and if it’s true that the police can’t record that a false allegation has been made yet they record a rape even though the only reason it’s come about is because he originally reported her for false allegations.

How old is your son, OP? And how old was he at the time of the alleged incident?

It's very rare the police pursue perverting the course of justice or wasting police time in these situations, because if there is the slightest chance what she has accused him of has happened then it would be an awful miscarriage of justice. Look up the Shana Grice case from 2016. Just because the case against your son had no further action taken against him doesn't mean to say there was a complete absence of evidence or credibility, it just doesn't meet the criteria for a prosecution. Furthermore, the police don't want to deter victims from reporting in the future by prosecuting them for previous reports no matter how false they might be.

The rationale for the case being dropped will be recorded onto the police file. If this points to lack of credibility on the part of the victim, this will be noted. Unfortunately it will not be removed from your son's record but it will show there was no prosecution and he was not found guilty. It may not be disclosed on DBS depending on the circumstances.

Your son has been formally interviewed by the police under caution as a prepared statement can only be given in interview. He would have signed this and likely answered no comment to any other questions the police put to him.

In terms of the crime of perverting the course of justice, this should have been recorded "against" her name as there has been an allegation but NFA'd the same as your son. Has your son provided a statement to this effect? The officer is correct that this is an offence against the state and your son will not be recorded as a victim if this has been recorded.

Ultimately, as unfair as it must seem to you, this is sounds like it's one word against the other evidentially. Without seeing the screenshots or details of the case I can't comment on the quality of the evidence, but just because she's asked your son for sex would not mean objectively she would always consent.

The police won't change the record as it has to be listed that he was accused of a crime, with the rationale on the file as to why it wasn't taken any further. Unfortunately this is just the way crime is recorded. I'm sorry you've been through such a stressful time and I hope your son is able to move forwards.

Yes I do.

My ex decided I was a rapist half way through family court.

The police investigated and it was NFA'd.

Nothing will happen to the person who filed the false allegation. The reason for this is that it would stop other women coming forward to report rape so the police will generally say it's not in the public interest.

As you know amongst lives trials and tribulations being falsely accused of being a rapist is the most stressful and traumatic thing that can happen to a man. Did you watch the documentary on the boys falsely accused of rape? One committed suicide as did his mother.

As you will also know going to the police to falsely accuse someone of being a rapist is not a victimless crime and it has repercussions for the extended family where the accused person has to get their support. Some men end up commuting suicide, lots end up with severe mental health issues.

As to conviction rates for rape it's difficult to get a handle on that. Some men will say false allegations are high and point to low prosecution rates. Some women will say they are low and point to low incidences of people not being prosecuted for wasting police time etc etc.

Sadly you and your son will have to process what has happened and move on with his life (which is impossible I know) as nothing will happen here.

I spent a lot of time and wasted a lot of my life as a falsely accused person searching forums and looking for answers. There are none. Your son needs to try and get something positive out of this experience (mental reliance, coping strategies, empathy etc etc) and maybe use it as a positive (also difficult I know).

You have my sympathies though. Being raped and being falsely accused of rape are heinous and life altering circumstances.

Liam Allen the guy who was also falsely accused setup a support group that might be of help to your son:

Helpline number - 0300 124 5098; Opening times are Monday, Wednesday and Friday, 6pm-10pm
Support email: [email protected]

Thank you ever so much for your advice, My son was 19 at the time and is 24 now. he definitely didn’t get interviewed under caution as the sollicitor emailed saying that the officer was happy for him to give a prepared statement he then discussed this over the phone.

My feeling is that the police may not be treating him fairly due to the fact that he has made a complaint and is taking legal action with regards to the data Protection breach.

I’m wondering if it’s worth asking the police if they can reconsider and also if it could be removed from his records, I’m just unsure of what they mean by recording the rape I don’t know if they mean they recorded that a rape happened or if they just crimes it.

Reading your post, I'm still questioning if the initial paperwork incident was not rape. He had sex with a girl who has learning difficulties, and then backed off when he realised how vulnerable she was. Was she capable of giving consent?

The department who would be investigating the complaint and breach of DPA will not be connected to the officer who the complaint is against (other than the fact they work in the same organisation) so I would not worry about that. The general practice in my force is that if a complaint is made against an officer the officer would not be involved in the case again, whether the complaint was upheld or not.

There will be an incidence of rape recorded with your son listed as the suspect but also listed as having no further action taken against him with the rationale as to why. You can ask them to reconsider but I doubt they'll remove it. I could report my neighbour right now for criminal damage and they would be listed as a suspect and a crime filed against them, even if the evidence is not there and I've completely fabricated it. Such are home office crime recording rules I'm afraid.

I’m just unsure of what they mean by recording the rape I don’t know if they mean they recorded that a rape happened or if they just crimes it.
The police have to record all crimes that come to their attention, with suspect details etc. On investigation, they can then tick a "no crime" box, if they believe there was actually no offence. But the incident is still recorded.

It would be worth asking what actually is recorded in relation to this incident. I think your son should be able to do that via a Subject Access Request.

Yes she was giving consent and basically he reported her for making false allegations then the police visited her and he she continued making these allegations ironically the fact he reported her caused this.

She does have capacity but lives in supported living, my son only met her when he had been drinking and didn’t believe she was vulnerable at the time though my son does have issues of his own.

@Wiltshire90

The department who would be investigating the complaint and breach of DPA will not be connected to the officer who the complaint is against (other than the fact they work in the same organisation) so I would not worry about that. The general practice in my force is that if a complaint is made against an officer the officer would not be involved in the case again, whether the complaint was upheld or not.

There will be an incidence of rape recorded with your son listed as the suspect but also listed as having no further action taken against him with the rationale as to why. You can ask them to reconsider but I doubt they'll remove it. I could report my neighbour right now for criminal damage and they would be listed as a suspect and a crime filed against them, even if the evidence is not there and I've completely fabricated it. Such are home office crime recording rules I'm afraid.

The breach of the DPA is against the officer who was OIC as she was the one that told me she was under investigation and discussed the case with me including naming the “victim”

My brother

He was asked by a mates then girlfriend to walk her home so he did

The area they walked was plastered with cctv (it was a large uni grounds at about 5pm on a summers day-so still broad daylight with people walking around) and the spot she claims he raped her was under full glare

It showed he didn’t lay a finger on her so she moved it by about half a mile which again showed nothing-so she then claimed it happened just outside her home (in the street) which had no cctv but was on the edge of the uni grounds

She claimed he spent 45 minutes forcing her to give him a blow job before raping her

It just couldn’t have happened the way she claimed it did-no dna,no cctv footage,No witnesses-no anything

She claimed she fought back-no injuries at all on either of them

Didn’t stop the police arresting him (rightly so) and charging him

The case fell apart just before it got to trial-didn’t stop the people who believed her torching my mothers car,put the windows
through,threatened me and my family and beating him up-more than once

She very sadly,was a troubled girl in foster care and not long after her twin had a baby,she took drugs and died-the sister had her baby taken away and killed herself

She took the truth to the grave with her-she never admitted she lied to the police but was heard laughing about how she wanted to get back at my parents for some comment she claimed my dad made (he claimed not-he’s a very shy man who barely spoke two words to her)

It ruined my brothers life-he refused to be alone with any woman including me and my mother

He did get help and is married with a child now but it took a long time to get there

There are still people who believe her-I get threats to this day even tho I’m nc with my family-I’m guilty because I’m his sister

I’m guessing it’s on a file somewhere,but it’s never stopped him from getting a job or anything (saying that he’s never had to have a dbs check so I don’t know)

I had a client accused of raping his ex who was the mother of his child. She claimed they came across each other in a night club and he wouldn't leave her alone. She said when she left the club he followed her and then raped her in premises opposite the club.

He said she was all over him in the nightclub and the sex was consensual.

This went all the way to trial. In the run up to the trial the police were asked to get footage from a TV crew who had been filming in the club that night. They refused.

A day or two before the trial the TV company supplied the footage to the defence. When giving evidence the complainant was taken through at length her claims that he wouldn't leave her alone and categorically denied sitting on his lap snogging his face off. She'd failed to notice the TV set up in the court. The video was played, which showed things happening like he'd claimed. The case collapsed.

The police offered to prosecute her for perverting the course of justice but as he felt that would harm his child he did not support her prosecution.

Collaborate, does it happen much? False rape allegations in family court?

I remember speaking to one barrister who told me not to worry about it as it was a regular occurrence. But my own solicitor said my exs behaviour was the worst she has seen for 30 years.

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Crime statistics are a disaster.

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I went in for a voluntary interview - does that show up? The investigating officers told me they would have arrested me if they believed her. I have a job that requires regular DBS checks.

That's extra shit if someone can destroy your career with a false allegation even if it is knowingly considered false by the authorities.