Can they make up witnesses?

Question

I have been aressted for common assault against my ex girlfriend. I went round her house to speak to her about the harrasment I have been getting from her brothers (I can't prove it's them though but I know it is) When she let me in we talked and then she went mad when I mentioned her brothers. She pushed and kicked me and spat at me. I never touched her once. She has a small scratch on her hand. She also claims I barged in her house (No sign of a break in) I put my arms round her neck and mouth (No marks on her neck/mouth. The police would have told me if that was the case. They told me she had a small scratch and that was it) I have not been charged but bailed until 20.6.07. While the police let the Crown Prosecution decide if I should get charged. I have made a counter allegation against her as she hit pushed me/kicked me and spat at me. There were no witnesses, and I have never been aressted before. She is saying I am harrasing her. I can not prove my innocence. Will I get charged?

I can not prove I never done what she claims, but how she prove I done something which I have not also? And why can she hit me and get away with it? Will the police investigate her as I have reported it? will I go to prison. Will the case just be dropped?

Answer 1

I really feel very sorry for you in this situation. I would not want to give you false hope, but it sounds as though there is pretty much lack of evidence here. Assaults on women are taken very seriously so she probably feels she has a good case and I suspect that she has been egged on by her brothers.

All you can do is stand your ground and say your piece when it comes to your time in court.

Best of luck.

Answer 2

If your action of putting your arms around her neck and mouth was to restrain her when she proceeded to attack you, then you can plead self defence. (If, that is, you get charged). It was wise to make a counter allegation against her in the circumstances.
This is a case which the CPS might well be inclined to drop because of the lack of evidence and witnesses, but don't count on it. I think the reaction of the magistrates' court might well be to offer a bindover in the case of each of you, to keep the peace and be of good behaviour for a specified length of time.
A court may be asked to exercise its power to bind over where:
there has been an outbreak of bad behaviour which amounts to a breach of the peace
there is a danger that the conduct complained of will be repeated; and
the accused consents to the proposed course of action.

Strictly speaking, a bindover is not a conviction, but there would still be something on your record, so before agreeing to such a course (if indeed it is offered), you should think very hard.

To reply to your last point: no, prison is an option definitely to be ruled out in your case.

Answer 3

Once an allegation has been made against you , the police have a duty under law to investigate it, and for them to question you thay have to arrest you and question you on a taoed interview in accordance with the police and criminal evidence act 1984.

There does not need to be another witness for the police to do this, they have to by law start an investigation once the allegation has been made.

If at the end of it its your word against hers, unless she has injuries to back up whats she's saying, the likelyhood is that CPS will say no further actino.

And yeah you can make a counter allegation, but the police cannot investigate that until the roceedings against you havebeen completed one way or another.
And you have to make a formal complaint and make a statement and be prepared to go to court.

so.... no they cant just make up witnesses, but they dont need to do this to arrest you, its just part of the investogatina pretty standard part

Answer 4

This could be a long answer Titus.
Yes they can and do make up witnesses, they will also lie through their teeth to get a coviction. I was pulled for a silly traffic offence by two of our so called boys in blue actually one of them was a woman. When I got my summons it had all these other offences on it. I did not deny the original offence but no way was I going to sit down and take all this other stuff so I did some checking of my own. When it went to court I pleaded guilty to the first offence and not guilty to all the others. I was allowed by the majastrate to question the two police officers and with witnesses I brought in myself proved that the other offences where a pack of lies and the majestrate through the case out, what happened to the two so called officers, absolutely nothing although they stood in a witness box under outh and lied through their teeth. On the way out of court I was with four other friends, the police were standing in the corridor with several other police and as we walked by the male police officer involved said quietly "watch you back" my other friends also heard this, so I said to this guy "are you threatening me" he did not reply so I said if you have a problem take your uniform off and we will take this outside and have it out man to man, I was a Para for fifteen years and I could have taken his head right off his shoulders without trying but he did`nt have the bottle so left it at that.
So fight your corner mate after all its her word against yours even though I must say British courts seem to be on the side of women how many women have they let get away with murder, so don`t let it get you down just tell the truth even if she tells a pack of lies and if there is any justice you will come out on top. Good luck.

Answer 5

Normally the Police look for corroboration of an allegation, that can be in any number of forms but normally it means other witnesses, medical or forensic evidence. They will also look at any previous convictions or allegations that have been recorded against you. From what you say there are none of these, it's impossible to say without knowing the full evidence but based on what you have said the odds are that they will not charge you.

Answer 6

To begin wityh you are male and she is femaly. That should tell you something. Sure enough she has a very big advantage. She will be believed long before you will.

There are people that will claim they heard or saw and actually did not. Some times this is not easy to prove and some times they just do not want to chalange it.

I have seen men go to prison because an wx lied. Stay away from her and anyone to do with her.

If you are threatrened with a trial then you find the meanest lawyer you can get. I mean it. If you ask around names will begin to come up. A woman hater would be very good. Definately not a female lawyer.

I use lawyers from time to time and definately look for the one that has the best chance of presenting my side. If they do come up with witnesses then you look for people that saw them at the time to prove they could not have been there.

Now you are finding out just how unfare things are.

Answer 7

They can't make up witnesses and it's highly likely that this case will go no further due to lack of any evidence.

Keep a diary of all the harassment you are getting and this could be used if things do go further.

Next time you want to see/talk to her it would be best to arrange it so that there are independent witnesses there (eg not her brothers or your mates) so that if anything does happen there are people around to give a true statement as to what happened.

added

chances are that neither of you will be charged or go to prison.
There really is no evidence on either side to back up what you both are saying, it'll be chucked out due to lack of evidence

Answer 8

From the bottom of my heart, I feel for you.

1) Never go there alone again.

2) Some people are Bipolar, unpredictable and potentially violent. (you should have already seen that in her)

3) When it's over, it's over.

Unless you have a legitimate reason for visiting an ex, stay away. If you do have a legitimate reason, like children's welfare, involve the authorities.

As for the false witnesses, yes she can try, that's why I say NEVER go to meet her alone for any reason...the court will tend to side with her.

Answer 9

I'd like to offer some help, but there just aren't enough specific facts to go on.

What I would say, however, is that admitting you put your arms around her neck and mouth is admitting common assault - what you say you did falls within the legal definition of the offence in the absence of either permission or self-defence.

All I can say is, I hope you sort it out one way or another and that you and your ex- keep out of each other's way from now on.

Good luck

Answer 10

Highly unlikely, no track record, no marks on her and she will probably kick up a fuss in court as well. Just stay calm, explain things clearly, its her word against yours, nothings going to happen.

Your innocent until proven guilty!