Trial

There are plenty of reasons why people make False Accusations and quite often the False Accusers personality traits can also contribute to why they would make a False Accusation.

Whilst there is zero excuse for making a false accusation you will find that trying to estabilsh the type of false accuser you are facing can often assist in preparing your defence.

So what are the different types of accuser?

1. The Malicious Fabricator – Driven by hate these individuals are driven with malicious to bring us down. They deliberately and knowingly fabricate allegations for various reasons. Revenge, Personal Gain, and as a means to manipulate others. Malicious fabricators often seek financial compensation (particularly in the UK where the Government freely purchase their lies with tax pay money through CICA). They damage an individual’s reputation, or even use false accusations as a weapon in legal disputes or custody battles.
   
2. The Attention Seeker – Another type of false accuser is the attention seeker. They crave the spotlight and seek validation by gaining sympathy or support from others. Attention seekers may falsely accuse someone of rape to draw attention to themselves, reinforce their victimhood narrative, or to gain notoriety through media coverage or social media platforms.  
   
3. The Misguided Believer – Some False Accusers genuinely believe that they have been sexually assaulted, despite the absence of any actual incident. The misguided believer may suffer from mental health issues, such as delusions, hallucinations, or memory distortions, which lead them to sincerely believe in their false accusations.
   
4. The Unreliable Witness – Human memory is imperfect, and sometimes individuals may make false allegations due to errors or distortions in their recollection quite often planted by spurious, under educated, unqualified ‘therapists’. Factors such as trauma, intoxication, or suggestive interviewing techniques can affect memory recall and lead to the vilest of false allegations. These unreliable witnesses genuinely believe their accounts, even though they may not accurately represent the events that occurred.
   
5. The Pressure Induced Accuser – This category includes situations where family, friends, or societal expectations influence someone to falsely accuse another person. In reality what this usually means is someone has a partner and has been doing the dirty. Rather than owning up to their cheating they  falsely accuses their innocent victim in order to hide the truth from the partner. 

Even on legal aid attending your court case can be expensive. With the level of historic allegations attending your trial can often mean travelling miles from home, having to pay for accommodation.

Even if the trial is just but a few days this can add up to a few hundred pounds very quickly. If it’s one of the longer trials of 2 or 3 weeks you are very quickly looking at a lot of money.

It is advisable from the time your case arrives at the court you start to keep records and receipts of your expenses. When you are acquitted of all your charges many of these (in line with the rules) can be claimed back from central funds.

Be sure to tell your barrister that when the not guilty verdict is returned you wish them to apply for a defendants cost order (DCO).

Often throughout the allegation and processes funds become very difficult. Many people loose income. Whilst this maybe the furthest thing from your mind ensuring you apply and receive your costs can be a big help to getting your finances back in order post trial.

Some of the things you can claim are as follows:

• Travel to / from court (bus/train/air/mileage)

• Parking• Subsistence (meals)

• Accomodation

If you are funding your legal case privately the DCO can also cover recovering some of those legal fees that you have also spent. However, it is unlikely that you will recover your full legal fees. To recover legal costs you must have applied for and been refused legal aid. If you were eligible for legal aid and then chose to fund your case privately you will not be eligible to recover any legal fees either.

Everyone is entitled to free representation at the police station. This can be either under arrest or attending for a voluntary interview.

Following the interview there is no legal aid available until such a time as you are (hopefully not) charged. Any legal services you wish to use (for example pre-charge representation) in order to assist the closure of your case will need to be paid for directly.

If you are in the unfortunate position that you then get charged the option of Legal Aid then returns. The majority of people are entitled to Legal Aid to one degree or another.

Legal aid doesn’t always mean free legal services. Legal aid can also be a reduced fee legal services. It is means tested. However most average earners are entitled to either free or reduced fee legal aid. It is important that you supply your solicitor with all the relevant information upon request promptly in order that your claim for Legal Aid can be assessed.

Generally yes, although the press are not allowed to report any matter likely to identify the complainant in most proceedings concerning sexual offences. This restriction continues for the lifetime of the complainant, unless lifted by order of the court. Such an order would only be made in limited circumstances. The defendant, if over 18, can generally be identified unless this would lead to identification of the complainant, such as when they are husband and wife.

Even on legal aid attending your court case can be expensive. With the level of historic allegations attending your trial can often mean travelling miles from home, having to pay for accommodation.

Even if the trial is just but a few days this can add up to a few hundred pounds very quickly. If it’s one of the longer trials of 2 or 3 weeks you are very quickly looking at a lot of money.

It is advisable from the time your case arrives at the court you start to keep records and receipts of your expenses. When you are acquitted of all your charges many of these (in line with the rules) can be claimed back from central funds.

Be sure to tell your barrister that when the not guilty verdict is returned you wish them to apply for a defendants cost order (DCO).

Often throughout the allegation and processes funds become very difficult. Many people loose income. Whilst this maybe the furthest thing from your mind ensuring you apply and receive your costs can be a big help to getting your finances back in order post trial.

Some of the things you can claim are as follows:

• Travel to / from court (bus/train/air/mileage)

• Parking

• Subsistence (meals)

• Accomodation

If you are funding your legal case privately the DCO can also cover recovering some of those legal fees that you have also spent. However, it is unlikely that you will recover your full legal fees. To recover legal costs you must have applied for and been refused legal aid. If you were eligible for legal aid and then chose to fund your case privately you will not be eligible to recover any legal fees either.

If you are going on trial the worst case scenario is something that you probably don’t want to think about. However, the worst can happen and being prepared is the absolute best thing you can do. Things you may want to consider taking with you as the trial comes near to an end are:

Name, Address, Date Of Birth & Telephone Number of all people who you may wish to telephone or have visit you.

A decent sized holdall (to bring your possessions in and out of jail). It will usually be kept in storage while you are inside unless you get to a Cat-D (open prison).

Two pairs of comfortable trainers (absolutely essential, keep one pair for the gym)

At least one pair of comfortable jeans (not black) with a belt (small buckle)

A couple of pairs of trackie bottoms (not black)

A couple of polo shirts (not black)

A couple of warm jumpers or sweatshirts (not black, no hoods)

A fleece (not black, unlined, no padding or quilting, no hood)

A beanie-style hat (not black, unlined) – especially if you’ll be in the nick for the
winter

A pair of gloves (not black, unlined)

Two pairs of gym shorts (also good for in-cell wear, even if you don’t go to the gym)

A couple of gym vests or t-shirts (not black)

10 pairs of boxers or pants

10 pairs of new socks

A dressing gown (optional, but absolutely useful – makes you feel human. No hood)

A couple of pairs of pyjama bottoms (no-one under 70 wears pyjama tops in the
nick)

A couple of medium size shower towels (not black and white ones will soon be grey)

A face flannel

A tea towel or two (you’ll be doing your own washing up in your cell)

A pair of good quality shower flip-flops (essential – prison showers can be very
grubby)

A see-through plastic wash-kit bag with your own toothbrush, razor and spare
blades, nail-clippers (no metal files – for obvious reasons)

A couple of pairs of foam earplugs (not silicon ones – get a good sleep even if your
pad-mate snores like a freight train)

A mains or battery razor (if you don’t wet shave), not rechargeable or with the 2-pin
travel adapter type plug

A set of mains or battery (not rechargeable) hair clippers – no scissors

A small battery or mains (not rechargeable) radio/CD player with headphones (inthe-ear type) – no Short Wave allowed, nor any item that has a USB port (because
of recharging illicit mobile phones)

A small battery alarm clock (not digital)

A diary and a clear plastic pen

An address/telephone number book

A few family photos

Copies of any relevant vocational qualifications (can help to get a decent job in some
nicks)

Wear any jewellery you want to keep in the nick: watch, wedding ring, neck chain etc)
Don’t take in anything that is branded to any sports team or has national flags or logos.
For example, national team tops or team colours are likely to be confiscated. This is a
national prison policy to prevent team rivalry or fights between supporters inside the nick

A small note book

It is becoming more and more common for evidence of text messages and instant messaging to be relevant at trial. The police will often seize mobile phones and devices from a defendant so that they may be downloaded and any relevant messages or call data obtained. The defence will be entitled to access this material and they can consider instructing an independent expert to analyse the material should this be necessary. It is also possible that cell-site evidence may be relevant to show in which area a person’s mobile phone was located at the time of an alleged offence. Finally, if evidence of social media postings are available and considered relevant, these can also be used at trial.

The vast majority of sexual offences have no time limit on when charges can be brought. This is evidenced by the large number of cases currently before the courts concerning allegations of a historic nature. When a significant amount of time has elapsed since an incident is said to have taken place, this can cause difficulties in bringing the case to court. However, it does not prevent the case been brought. The prosecution are entitled to bring such charges if they believe that there is a realistic prospect of conviction, and a prosecution is in the public interest.

This subject often comes up in the group and quite often when one of us corrects that “their word” is in fact evidence and can be used. This often causes upset and heated debate. To this end we think that it is a good idea to try and explain why we do this.

Often members hold the belief that an accusers statement is hearsay evidence and that its not allowed.

Here we will try to explain the position and explain what you can do in the situation.

Firstly, when an accuser makes a statement saying “this happened to me” it is not hearsay. This is because it is the accuser saying it happened to them.

An example of hearsay would be where a third party who was not present made a statement saying “my friend told me this happened to them”.

We will always correct when a member states it is hearsay evidence. The reason for this is that you will continue with your case under a false impression. We have seen members expect to get NFA or Not Guilty on the sole fact that they believe it is hearsay evidence and it’s not allowed. Making sure a member understands that it is not hearsay evidence, that it is allowed and that it needs dealing with is very important to us.

Accused.Me.UK has always tried to give the best advice that we can. We try to deal with issues and answer questions based on what the law is and what the rules say. Often members are approaching a question based on what they (and probably most people) think that the law should be, and what is fair and unfair. Whilst this is OK it does not help if we do not correct wrong advice that is damaging, and get the correct answer out there. Maybe one day the law/rules could change, but for now we can only work with how it is.

To this end we need to make clear that where the Police have a statement from an accuser then this statement is the evidence. We understand that in some cases the content of such statements are lies. Nonetheless the Police do not know this and the statement when making a charging decision will be passed to the CPS who will read (or watch) the statement and based on everything else that they have (your interview, CCTV, etc) they will make a decision on whether to charge you or not.

If they decide to charge you then forming part of the documents that you will eventually receive will be copies of the statement(s) (maybe in the form of a transcript / a video statement) that the CPS will be relying on in order to obtain a conviction against you.

At trial, your lawyers will get to cross examine the accuser. As such your lawyer needs to be well prepared. It’s going to do no good to the case or your relationship with your legal team if you keep getting heated up stating things such as they can’t use it, it’s he said she said, it’s hearsay, get it thrown out etc.

The fact is that the judge is going to allow it and you and your legal team are going to have to deal with it.

The first recommendation is to get that statement (or transcript) and go through it word for word. Highlight any lies in it.

Then write down all the lies and next to the lie write the truth. If you have proof of the truth (messages, photos, etc) then attach them.

You’re not going to have evidence of all the truths, maybe in the same way as the accusers lies you may have no evidence of any of the truths. However next to their lies write your truth.

If it is a transcript that you are working from ask the solicitor to let you know when the video of the interview becomes available. You won’t be allowed a copy of this but you will be allowed to go to the solicitors office and watch it there. Just like with the transcript go through it. Whilst nothing may change in terms of the words watching and listening to tone and body language (especially if you know the accuser) may direct you to the lies. Bring any awkward moments for the accuser to the attention of your lawyers.

The more work that you do on this and bring to the attention of your lawyers the better. An accuser does not get to make their statements and walk away from it. Your right is to test their evidence and this is by them been cross examined in court. The more information regarding their lies and your truth that you can give to the lawyers along with your information regarding their personality and quirks will help your legal team build the best possible cross examination of the witness.

At Accused.Me we have many times heard of relationships between even the best lawyers and clients completely break down over this very issue. Clients demanding that the statements can’t possibly be used and that they should get the judge to throw the statements out, when the legal team can do no such thing. The only thing they can do for you is challenge the witness/accuser to the best of their ability in cross examination, and the more information and work you can supply to them to do this the better.

When you are arrested you have a legal right, free of charge to legal representation and consultation whilst at the Police Station for the purpose of interview.

If you have had involvement with the Police before or for other reasons you know which Criminal Defence Solicitors firm you wish to use then you can request this firm of solicitors to the duty sergeant whilst you are been booked into custody.

If you are attending the station for a voluntary interview then you can co-ordinate yourself with this firm to ensure that they have a representative meet you at the police station.

If you are choosing your own firm of solicitors and you are wanting the free service it is important to be clear that they offer legal aid. If they do not offer legal aid then you will be required to pay for their attendance at the police station.

A WORD OF WARNING:

Whilst some very expensive firms don’t offer legal aid it does not necessarily mean that they are good.
In some of the major cities whilst this may be the case there could be other reasons why they do not hold a Legal Aid Contract.
In order to be a legal aid solicitor (and thus offer free services) there are a huge amount of hoops the firm must jump through. All of the hoops require investment in staff, training and compliance to ensure that they meet a minimum standard. We feel that questions must be asked if a firm does not hold a Legal Aid Contract.

Even some of the best firms hold the contract. The reason being that it is a way of getting new cases. Whilst police station representation is free to all this is not the case if charged.
By been prepared to attend police stations on legal aid they have a good chance of picking up cases where the accused is charged but not entitled to legal aid.
It therefore makes good business sense to us that even the best firms would invest to obtain the contract in order to pick up the lucrative private work later.

This is the reason lots of questions need to be asked of firms that do not hold Legal Aid Contracts.

If you do not know any specific solicitors then it is important that you request the duty solicitor. It is a very dangerous move to go into interview without representation and in our view a very careless one given the simple fact that it is free.

If you choose the duty solicitor the Police have no say in who that solicitor will be. They will contact the duty solicitor.

In all areas the schedule for duty solicitors are published online. Here is the direct link to the very rota, have a look. Good or bad you will likely find your solicitor in there somewhere : https://drive.google.com/drive/mobile/folders/1vmsZ8irhy78PLI4MYkEEy7PogBRtT0oE?usp=sharing

If you go for the duty solicitor you will get whoever it is on the duty rota for that date and time at that location.

Following the interview that is the service provided and concluded. You are not tied to this solicitors firm going forward. If you were not happy with them then you should start researching solicitors in your area who offer legal aid.

There is no harm in contacting your new chosen firm and giving them the run down on what has happened. They will likely take your details down, probably contact the officer in the case and advise them that they will represent you for any further actions.

HOWEVER, that will be about all that they can do for you.

Between interview and a charging decision there is no legal aid.

If you want a solicitor to do something for you such as make enquiries, make further representation to the police etc in order to try and bring the investigation to a swift end then you need to pay for this service.
Often it is referred to as “Pre Charge Representation”. Not all solicitors are good, or even keen to do it but it is a possible route that can bring about great results.

If you then go on to be re-interviewed legal aid will be available for the re-interview and representation at it.

Again after the re-interview there is no legal aid.

If a decision is then made for you to be charged you then legal aid kicks in again for those who qualify (at this stage it becomes means tested).

Remember to check out our website (www.accused.me.uk). Much of our advice is on there to read through at leisure. If you have any questions or suggestions then please do use the contact us page.

Begin compiling evidence as soon as possible. Many find the process therapeutic. 

Keep notes of every tiny detail that occurs to you. Note times and dates of everything. 

Develop a timeline for what happened when you have details of the accusation. Look for evidence of your whereabouts and your accuser’s whereabouts. 

Save letters, record telephone calls and even conversations with your False Accuser or people harassing you – even the police. Try to get hard copies of all information – encourage mail or email communications rather than telephone. Give a copy of everything to someone you trust – and your solicitor. In the remote chance of an accuser or a member of their family contacting you by phone – be ready and record the conversation – there is a smartphone app that enables this. 

Copy all electronic media. Save all text messages. Download all your Facebook activity and other Social Media. Facebook saves messages even if you’re ‘unfriended’. Take screenshots. Monitor Social Media activity of your accuser and their friends (without communicating with them). Take screenshots. 

A Solicitor would greatly benefit from a chronology of your relationship with the Complaint emphasising when and why you fell out, any reason for the timing of the allegation and motive for any false allegation. Provide evidence if you can. Evidence showing a friendly relationship after the alleged incident (s) such as messages or photographs are very helpful.

NOW!!!!! The sooner you start this the better. As soon as you know there is an accusation against you. Make a time line of your history with the party accusing you. Secure by means of download and screenshots anything that may assist your defence. Do not delete anything from your devices doing so, if your phones end up been seized may look suspicious. Keep any evidence you gather in a safe place. We do advise with a trusted person in a different residence. Alternatively in cloud storage is good. You can turn the sign in credentials over to your solicitor. You could also email a copy to yourself. Simply put keep the evidence safe as you may come to depend on it.