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Forever accused; UK style
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Topic Started: Oct 25 2010, 11:33 PM (277 Views)
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Quasimodo
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Oct 25 2010, 11:33 PM
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http://news.bbc.co.uk/2/hi/uk_news/magazine/7265307.stm
Forever accused By Andrea Rose
Feb. 27, 2008
False allegations of rape may make for gripping headlines in the newspapers, but they can also ruin the lives of those men who've been accused despite being innocent.
At the age of 19, Ben Guerin had his life ripped apart by one allegation.
Three years after he'd had a sexual encounter with a girl from school he was arrested for assault, rape and paedophilia.
The girl claimed they had met at a party when she was just 15 and that the walk home afterwards had resulted in a violent assault.
But witnesses who had been with the couple came forward on Ben's behalf and inaccuracies were found in the girl's story. The charges were dropped and instead the girl was eventually sentenced to a year for perverting the course of justice.
(snip)
Jason, who is now 18, was also the victim of a false allegation. After wasting over a year of police time, as well as causing distress both to Jason and his family, the girl retracted her statement in court. Later it came to light that she had made three false allegations previously.
Student calls
Margaret Gardener, the director of the False Allegations Support Organisation (Faso) receives over a thousand calls each year from men looking for help and advice.
(snip)
The impact of an allegation can extend far beyond the legal ramifications. Gardener works with men and their families to help them deal with the ostracism they often face within their communities, even long after the event.
In Jason's case, his neighbour asked to be moved to another flat due to concern about the accused man's proximity to his daughters. For Ben, his apprenticeship as a plumber was terminated and he faced widespread suspicion from people he knew.
“ She backdated the party one year, so it became rape and paedophilia ”
"My door became blacklisted," says Ben. "People would rather avoid me than speak to me, they literally took her word. My dad didn't take it too well either. He had doubts in what I was saying so that created problems with my home life.
"It wasn't like I was convicted for it. I think some people still like to disbelieve me. They definitely regard me as the guilty person."
(snip)
"There cannot be an assumption that all alleged offenders are guilty. We have more to do with victims but that should not translate into demonising male accused people."
But an unfounded charge remains on someone's Criminal Record Bureau (CRB) file permanently, which can affect future job prospects.
Complainants are granted total anonymity on first reporting a rape. According to the 1976 Sexual Offences Act, it is a criminal offence for the media to reveal a victim's identity or any other information that might lead to them being identified.
If they are charged with an offence such as perverting the course of justice or perjury in relation to their complaint they can then be named.
But there is no protection for those falsely accused of committing an assault. Whilst Ben's name found its way into the local newspapers, Jason, as a 16-year-old, narrowly escaped the media glare.
(snip)
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Quasimodo
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Oct 25 2010, 11:36 PM
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I was interviewd by the police concerning a rape allegation levied against me. I was assured by the police that this matter would be cleared up within a day or so but it was nearly two months before I received a call to say no further action would be taken. My life was hell wondering how friends and family would react yet knowing I was innocent and trying to find a way to stop the nonsense. I now suffer in silence feeling as though I'm forever tainted. It has affected my relationships and caused no end of frustration that I am powerless to do anything about the matter. I had several female witnesses who knew it was a false allegation who stood by me yet my DNA and arrest remain on file forever. Job applications and anything I do will show up and two years on I still have many years of hell ahead of me. My DNA remains on file with fingerprints and photograph. The humiliation of the proceedure is awful. Mike, UK
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It happened to me with my ex-girlfriend, I left her and she swore she'd make my life hell. I woke up one morning with two coppers stood above my bed, was taken into custody and treated like scum by the police.
After some very forceful questioning, a DNA test and a lot of other humiliating things the girl retracted her accusation citing she couldn't go through with it. The police didn't even ask if I wanted her charged and just let me go without a sorry or whatever. Still to this day some ex-friends believe her and I don't trust any woman properly. Accused, Manchester
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Quasimodo
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Oct 25 2010, 11:37 PM
Post #3
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Why not make both identities protected up to the point of conviction. The law states you are innocent until proven guilty, but the stigma attached to this type of crime is such that the "general public" tend to believe the reverse. If the police thought the accused was a danger to the public, surely they would be remanded in custody. If they are not a danger to the public, what benefit is there to anyone in allowing the accused's identity to be published? Ed, Livingston UK
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One of the main problems is the fact that the accused get's their name revealed. If someone is guilty of something then their name should be announced (as part of any punishment). However, the principle in this country is supposed to be "innocent until proven guilty". Names should not be revealed prior to any conviction - It's simply not fair. Anthony, Reading, Berks
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Quasimodo
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Oct 25 2010, 11:37 PM
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I think the onus is really on the media to be more responsible. It should not legally be allowed to publish the identity of the accused until that person is found guilty. If the news organisations were more responsible and less desperate for sensationalist stories then the relevent authorities could focus their attention on the victims of the alleged attack.
The BBC has been guilty of this in its coverage of the Ipswich murders, publishing every little detail about the first man taken in for questioning, who we all now know is innocent of this crime. They claimed it was "in the public interest" but there is a difference between what is in the public interest and what the public is (voyeuristically) interested in. This, and the cases above, sadly are the latter. Biafron Punk, Brum
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Quasimodo
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Oct 25 2010, 11:44 PM
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(A British organization--or 'organisation'--which helps the falsely-accused. I don't know of any comparable US group)
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http://www.false-allegations.org.uk/false-allegations.htmlfaso is a voluntary organisation dedicated to supporting anyone affected by a false allegation of abuse Although you have done nothing wrong... this can happen to you...These are actual real-life events experienced by thousands of honest, law-abiding people falsely accused of committing a crime on almost no evidence or without reliable witnesses, or both. Social respect and community status are no protection against a criminal investigation or social services invasion into your life. Law-abiding people like you are invaded or convicted on the word of a "victim" who either holds a grudge against you, or else accuses you while barely knowing you, because substantial financial compensation is quickly paid out to "victims" whether you are proved guilty or not. In the UK today you can be accused of abuse on almost no evidence and without any proper witnesses to support the story: you are likely to be told that you are just meeting pleasant people "for a little chat" - but without you realising it this is actually an important meeting that affects your whole future as a family and you would be wise to get help to handle it safely;
you are likely to be given no information on how this situation works, on what is expected of you...
you may not be told what the actual accusation is that you face;
you are very unlikely to be given any contacts to get information and support;
the people investigating the case routinely assume you are guilty and treat you accordingly;
some of them seem friendly and persuade you to trust them because they say they want to help you but then they use anything you say or do to make it look as if you are guilty...
if you or your family become distressed about any of this it is taken as a sign you are "emotionally unstable" and this can be used against you; but if you show no distressed reaction you can be classified as "cold" and this can be used against you;
the record made can be full of mistakes that make you look bad but even if you taped the meeting/s and try to insist on corrections the mistakes are rarely corrected;
you can be arrested in your own home in front of your family and in full view of your friends and neighbours, held in a police cell, interviewed under caution, charged and called to appear in court;
you can lose your job and not get another as good, or any work at all, for years...
your partner, friends or neighbours can disconnect from you...
your photograph, name and address might appear in the local and national press and on TV, insinuating what an evil monster you are;
your house, car and family can be attacked by people angered by the publicity about you...
you can be convicted without proof, evidence, witnesses or corroboration and live for years in prison;
your case is never finally closed down and you live for ever after under suspicion by the authorities... This can happen to you even if you have done nothing wrong.What faso does to help: faso offers clear information, practical advice, and emotional support to anyone affected by false accusation faso is a voluntary organisation dedicated to supporting anyone affected by a false allegation of abuse
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Quasimodo
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Oct 25 2010, 11:45 PM
Post #6
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But of course we know that the Duke accused didn't really suffer...
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Payback
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Oct 25 2010, 11:52 PM
Post #7
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- Quasimodo
- Oct 25 2010, 11:45 PM
But of course we know that the Duke accused didn't really suffer...
It was Brodhead who suffered. Just ask him.
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