*trigger warning* if a rape case doesn’t get to court is it still on file and can be used at a later date?

[Lovemusic82]

Almost 10 years ago I gave statements to the police after my ex partner raped me, because of ‘lack of evidence’ no forensics and it being my word against his it didn’t get to court, the only charges he got were for harassment. It was a rough few years for me and it’s taken time to recover. I always worried he would do this to someone else and I always said I would stand up in court and help the next person he did this too.

He is currently on bail for sexual assault (I found out a couple days ago) and I have been contacted by a relative of the victim. Of course this has brought up a whole lot of stuff for me. This man has managed to dodge many accusations of abuse over the last 15 years (maybe longer), each time he has talked himself out of it and convinced police that it was his victims fault.

Are my statements still on file? Can they be used in court? Can I be a witness in court? Could my case now go to court too?

Any advice on where to go from here?

Bump

Hi. Your investigation should still exist on file but it is harder to say whether they will have all of the statements and evidence. Did you do a video interview at the time? They should have the recording but after ten years they may not have retained all the evidence and may only have the basic report.

Have you been approached by police to give another statement?

Yes it will still be on file. I found out through CAFCASS that my ex had several allegations of indecent assaults from 20 years ago.
I was understandably devastated to find it out. Had I known I could have protected myself and never have been with him let alone had a child.

I did a recorded statement and written. It was less than ten years ago (just put rough time line as not to out myself).

I have not been contacted by the police but my details have been passed on to them and I expect to hear from them. The victims family member wants to talk to me but I am unsure if that’s a good idea if I could be called as a witness? I don’t want to ruin any chance of him being convicted. Do I call the police myself?

I am worried if I have to give another statement I will be asked for dates/times etc.., it was such a long time ago I can’t remember the dates the assaults took place, I remember roughly when I gave statements. Most of the details have been put to the back of my mind as I have moved on/recovered the best I can. Obviously if I can help get him convicted I will, if I can stop this happening again to someone else I will.

Yes it should be on file but I think they would ask for another statement if it went to court.
I was part of a jury for some historic rapes, decades old. The survivors had given statements at the time but the police hadn’t followed up. A female DCI had pulled everything together and re interviewed everyone, we were shown the original statements and all the women appeared in the witness box. The perpetrator was elderly and had dementia so didn’t appear in court but he was found guilty of most of the charges. It wasn’t appropriate to punish him but it meant the survivors had some validation and his carers could be protected.

Thank you valvetbee I am hoping the files are still there and my recorded and written statements can be used, i am happy to give another statement. Apparently the police are trying to gather enough evidence to increase his bail and to take it to court.

I would be reluctant to have contact with the relative, so would firstly be slow to respond and then respond by saying that you’ve been advised to only speak to the police or your own legal advisor at this time. Look after yourself, it’s horrible when events get brought back into your life and you have to deal with it all.

From a policing perspective it is incredibly important that you don't speak to the other party involved. Your evidence is far more effective if they have two reports with similarities in it and confirmation you have had no contact with each other or a chance to 'collude or confer'. I apologise if that sounds a little offensive but it's the nature of the beast unfortunately.

I would hope the police will make contact with you but it can't hurt for you to reach out and make them aware you are willing. It's very commendable of you op because I know just how awful SA investigations can be and how much toll it takes on you.

In terms of the other party I would reply in writing that you can provide to the police as well stating you are willing to talk to police directly but do not want to talk directly to them at the moment to make sure your evidence is independent.

Thank you. I have spoken to her and advised that the officer in charge of the case contacts me directly. I have already been told quite a bit (probably too much). From now on I will be dealing with the police. It’s all been a bit of a shock even though I knew this could happen one day and I am mentally prepared for it despite how triggering it is for me. The only reason I gave statements in the first place was because I didn’t want anyone else to go through what I had to go through.

It is definitely worth mentioning to the police that you have been told information from the other party. Fortunately you have already provided a statement a long time ago so they will still have your original record, even if they request a new one. How did the other party know about you?

In terms of what is happening now, it may be worth self referring to your local SARC. The police should offer you a referral as well but either way you should be able to access support from an ISVA (Independent Sexual Violence Advisor) and counselling (albeit they sometimes advise you to hold off on that until
The case concludes - this used to be because the notes from counselling can then be requested and reviewed as part of the case but I'm reassured to see that CPS are finally moving away from spurious victim searches and background searches to find that elusive 'undermining evidence'.

Anyway I digress. You're doing a good thing here but do look after yourself. You are not responsible for his actions, nor is it your responsibility to prevent him from offending in the future. It never has been. You cannot take on that pressure as it just adds to your own distress and trauma. It is a brave and difficult thing to put yourself through this once, let alone a second time but it really will be better evidence in the long run. My best advice is to take it one step at a time and try not to be too focused on the result/outcome. Sadly the criminal Justice system in the U.K. or anywhere else that I'm aware of, simply is not equipped to deal with domestic rapes.

Good luck op

She knew about me because she was told about me by him, told that I accused him of rape, obviously she believed I had falsely accused him. She found me via my Facebook business account which has my phone number on it. She is handing my details to the police (hopefully she’s already done this). He is on bail to my county so the police dealing with his bail are the ones who were dealing with my case. The case itself is being dealt with in another county and I’m guessing that’s where it will be heard in court (if it gets that far). I won’t have any more contact with the family member, it will be dealt with via the police. I can’t afford my own solicitor or any legal advice but will look at everything you have all suggested. Thank you 🙏

I have also had counselling and support from local rape crisis when it all happened.

Good advice above.

Reach out to the police yourself
Highlight that you have been contacted, and that you won’t be making further contact with the other party
He’s shot himself in the foot by telling her about you, which has ensured that you are in the loop now and also ties things together in the cases against him

Don’t worry about not being able to remember specific facts now - you can refer back to your previous statements and of course you can include on your statement that you have conciously tried to move on (from highly distressing experiences)

Provide all that you can in new statements, and note that dates etc that you can recall now will be ‘circa x’

This is all down to him
You will be re-experiencing it all, and thinking of the other victim. Take advantage of any help offered by the police plus other avenues on counselling.

Good luck