Can police bring charges for voyeurism without speaking to the woman

[Tamoshanter]

I was interviewed by police Scotland and released on Not Officially Arrested. They said they need more time to investigate

Me and ex partner made a film of our sexual activity. Now police want to possibly charge me with voyeurism. The ex is not in this country so can't be interviewed. My son saw the video on my tablet and told his mom his ex wife who reported to police

Can police charge me without having spoken to her and without her making an allegation

[echat11]

Hi TAMOSHANTER

I don't think they can, as they said 'they need more time to investigate'. You would think that they would want to get all the facts before proceeding.

Here's some info - https://www.gov.scot/publications/th...imes/pages/16/

[Tamoshanter]

Thanks Echat11. I also have SMS messages exchanged between myself and the lady in which she confirms also filming me during a sex act.

Would this help my case at all. How about proof she has also sent an intimate photo of herself to me on separate occasions

I am restless with worry and scared

[Tamoshanter]

If they do decide to charge me is there any chance I could be remanded in custody at all. I worried about that too

[echat11]

Try not to worry, at the moment you are over thinking things, nothings has happened. The stuff you mention might help your defence.

To put your mind at ease, Google - voyeurism solicitor Scotland, phone a few up, until you find one that offers 30 minutes of free advice.

[Tamoshanter]

Thanks again.

[Tamoshanter]

It's now been over 2 months since my arrest and I haven't heard anything and the 28 days which were on bail conditions have since expired
Generally speaking what does this mean. I know things can go either way but is this a good or bad sign?

Thanks

[echat11]

I'd say it's a good sign. Just monitor the situation.

[Tamoshanter]

I was finally charged with rape. The allegation is I raped my ex in 2010. She alleges she fell asleep while we were drinking and when she woke she went to the bathroom and wiped herself she had been raped. She says she felt violated and angry and she went home. She says I later sent her a clip of us having fun. Bear in mind the allegation relates to 2010

Here is where it gets tricky. We continued to get back together briefly then break up over the years and have sex. We filmed these fun times a few times and in one video she playfully pushes the camera a little and giggles. I have these videos to this day. As late as 2010 she was sending me nudes and asking me to go over "to f*ck" as se put it. I have those messages too. I have an email she sent 2017 saying how much she enjoyed doing it with me. In the interview my lawyer advised me to answer no comment so I didn't mention these facts

I am in shock ad very worried. I await your response

How can someone try to ruin others like this

[Tamoshanter]

Sorry I meant she was sending me nudes as late as 2018

[echat11]

O.K. I can't know all the facts simply because I wasn't there and I don't know you on a personal level.

You seem to have a lot of evidence which is a huge plus, you also have a good memory, all this goes in your favour.

As you state in the first line, it's an 'allegation'. You have legal representation so work with your lawyer to make your case.

Do you know why she has raised this after 10 years? What has changed in her and your circumstances?

Something has happened (you need to get down to the bottom of this), is she trying to get back at you for something?

She has had ample opportunity to raise this before with the police. Has her personality changed?

[islandgirl]

I do not know much about scottish law but it will still be the case that the burden of proof is on the state. As it was so long ago there can be no physical evidence so it can only be, one assumes, your word against the word of your ex. As Echat says you need to to take the advice of your solicitor. Your ex would have to be a witness. She is the only witness. Will she travel for the trial? The case can only hinge on who is believed. The background information you mention will certainly assist your case.

[echat11]

I do not know much about scottish law but it will still be the case that the burden of proof is on the state. As it was so long ago there can be no physical evidence so it can only be, one assumes, your word against the word of your ex. As Echat says you need to to take the advice of your solicitor. Your ex would have to be a witness. She is the only witness. Will she travel for the trial? The case can only hinge on who is believed. The background information you mention will certainly assist your case.

Agree, good post.

[Nostrus]

As others have hinted at, it's time to get a good criminal defence lawyer and quickly. This is clearly going to court, so you need to give your solicitor as much time to prepare as possible.

[Tamoshanter]

Hi ECHAT11 What has changed is i now have a new partner and I intend to move in with her. When my ex wife first discovered this se went crazy and not long after this happened

I had my first appearance at court today to apply for bail. The only conditions are I dont contact my ex wife or go to the area she lives. That's it no other conditions. My solicitor and the sheriff were discussing the possibility the case might not be heard till 2023 of it goes that far

They didn't mention anything about travel restrictions. Doesn't this mean I can visit my parents in Europe?