QLD Bringing a false complaint. Any recourse?

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TonyDJ

Active Member
30 December 2020
9
1
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Hi people.
I was at work one day when police came in and asked me to accompany them outside. I was taken out and advised of my rights and told they'd been made aware of a complaint against me of armed r**e of a female (I'm a male) co-worker. They told me they were going to search my work vehicle and home for the "big black handgun and a big silver bladed knife". I was blown away. The person accusing me was, as far as I was aware a person who'd worked well and closely with me for nearly 3 years with nothing but a great, professional working relationship. We'd worked together in harmony for all that time and I'd never been aware of her being mad at me at any time for any reason. We'd never had anything other than a working friendship, never went out for a drink together or a meal. We're both married and in committed and loving relationships. Anyway, she also told my work that I'd handed her drugs (a tablet of MDMA apparently) three months earlier. The police found no weapons, no evidence and a r**e kit was done and no DNA of mine was found. We work in an open real estate office with windows and doors on all sides and it's busy with people coming in and out all day from the moment we arrive till about 5:30pm. From 6pm each night till 6am the following day, a security guard walks around and pops in at random intervals to say hello on the occasions I worked back late with her. Sometimes we'd stay back till as late as 7pm to catch up on work but we were pumping out emails and contracts and making phone calls all the time. We had access to silent Duress alarms too. She claims that I forced her into sex acts with the handgun and knife and did the sort of things that you'd imagine seeing in a terrible r**e movie. She claimed to the police that this was ongoing for 8 months. She never told anyone in that time, not her husband, work colleagues, friends or family. No one suspected she was feeling less than happy at work and she was even friends with my wife who would visit every few months or so. Not only am I not at all the violent or armed rapist type, but I have a medical condition with doctors statements saying that at the time, I'd have been unable to perform the acts she asserts happened on a regular basis over 8 months.

Anyway, I was not charged with a crime but the case remained active for 4 months until they eventually told me she'd withdrawn her complaint.
The police told me that had I done what she reported, I'd have been one of the worst criminals they'd come across in their careers. They knew for sure I wasn't guilty of anything but couldn't forcer her to drop her complaint.
In that time, I'd lost my job and had been through HELL with my wife and family while we waited for her to decide whether to push the complaint of drop it. It cost us about $20,000 worth of legal representation and the job was a good one with a good pay check which I'm unlikely to see again. I'm in my mid-fifties and I'm unlikely to recover financially for years.

At the end of this, I asked the police to charge her with making a false complaint.
They said that it was against their policy to bring a charge of making a false complaint against a woman because if proven, it might dissuade other women from making a complaint for fear of having it come back against them.
I fully respect that women should be able to make a complaint against someone if they have a legitimate fear of something happening or if something has happened. Guilty people should be in jail for terrible offenses. I was not mad at the police for taking the action they did.
Now that she has withdrawn her complaint though, I'm told that I have no recourse other than tot take her to civil court to see if I can recover some costs. My solicitor says that this will likely cost me AT LEAST $30,000 and I'm unlikely to get much more than that back from her. It would also take many, many months in court.
The police say that they won't take any action against her because she's a woman.
I know it's rare, but if I as a man had made a complaint against her for attacking me, She as a woman would have every right to rely on the police to charge me with making a false complaint against her.

I see this as blatant discrimination based on my gender. It's specifically against the Anti-Discrimination Act. Maybe I can bring it to the attention of the Australian Human Rights Commission.

Ok, my question is this. According to the Criminal Code. Any person who conspires with another to charge any person or cause any person to be charged with any offence, whether alleged to have been committed in Queensland, or elsewhere, knowing that such person is innocent of the alleged offence, or not believing the person to be guilty of the alleged offence, is guilty of a crime.
Since I was never actually Charged with any offence, can she be charged with Conspiracy to bring false accusation under the code?
The damage done to me and to my family is real. My wife and i was both diagnosed with depression and needed phycological help to get through this. We still suffer to this day, 6 months since it began.
Until you have this sort of thing happen to you, you can't imagine what a nightmare it is to have your world torn away from you. to have your reputation torn to pieces and to suffer life changing financial loss.
I have to accept that it's happened and to move on and do my best for my family, but SURELY there has to be some justice and a day in court.

Any advice???
Sorry for the long winded epic. I still need to unload sometimes.
Thanks in advance.
 
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Jaywoo220

Well-Known Member
11 November 2019
397
5
589
Based on the assumption you are innocent:

1. You could bring a 'private prosecution'against her in the criminal jurisdiction. In saying that it would cost you a lot financially in legal costs to get a solicitor to pursue that, plus her legal costs if you lose.

A private prosecution is a prosecution where the victim of an offence, rather than the police, prosecute for an alleged offence.

Private prosecutions can occur when the police have chosen not to prosecute an alleged offender after receiving a complaint.

Private prosecutions for indictable offences require leave from the Supreme Court . You must have sufficient evidence for the judicial officer to biew you have a prima facie case.

2. If it has been within 12 months of the publication of the imputation, you can bring a defamation legal action for the false statements made about you and pursue damages against her.

3. Another cause of action you could pursue would be the tort of Intentional Infliction of Emotional Distress and I feel that cause of action would have some legal basis.

Disclaimer: I am not a solicitor.
 

Atticus

Well-Known Member
6 February 2019
2,045
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Since I was never actually Charged with any offence, can she be charged with Conspiracy to bring false accusation under the code?
If she intended for you to be charged, yes I would think so, BUT, who did she conspire with?
 

Jaywoo220

Well-Known Member
11 November 2019
397
5
589
Criminal Defamation?

The Criminal Code Act 1899 (Qld) (Criminal Code) makes it a misdemeanour for a person to publish defamatory matter about another living person if they:

know the matter to be false or have no regard to whether the matter is true or false
intend to cause serious harm to the relevant person or any other person, or have no regard to whether serious harm to the relevant person or any other person is caused.
The maximum penalty is three years imprisonment (s 365 Criminal Code).
 
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Rod

Lawyer
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27 May 2014
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Talk to a QLD lawyer. You can likely go her for defamation, and you should also pursue her through the police, if necessary making a formal complaint.
 

TonyDJ

Active Member
30 December 2020
9
1
34
thanks very much
Based on the assumption you are innocent:

1. You could bring a 'private prosecution'against her in the criminal jurisdiction. In saying that it would cost you a lot financially in legal costs to get a solicitor to pursue that, plus her legal costs if you lose.

A private prosecution is a prosecution where the victim of an offence, rather than the police, prosecute for an alleged offence.

Private prosecutions can occur when the police have chosen not to prosecute an alleged offender after receiving a complaint.

Private prosecutions for indictable offences require leave from the Supreme Court . You must have sufficient evidence for the judicial officer to biew you have a prima facie case.

2. If it has been within 12 months of the publication of the imputation, you can bring a defamation legal action for the false statements made about you and pursue damages against her.

3. Another cause of action you could pursue would be the tort of Intentional Infliction of Emotional Distress and I feel that cause of action would have some legal basis.

Disclaimer: I am not a solicitor.
Thanks so much for the information and options. I really appreciate you taking the time. This is a terrible thing and to be honest, I'm going slow with things as it is painful to think about. I'm going to move forward and make a representation to my local MP and maybe the Police Commissioner and maybe the QLD Premier. See what happens.

Based on the assumption you are innocent:

1. You could bring a 'private prosecution'against her in the criminal jurisdiction. In saying that it would cost you a lot financially in legal costs to get a solicitor to pursue that, plus her legal costs if you lose.

A private prosecution is a prosecution where the victim of an offence, rather than the police, prosecute for an alleged offence.

Private prosecutions can occur when the police have chosen not to prosecute an alleged offender after receiving a complaint.

Private prosecutions for indictable offences require leave from the Supreme Court . You must have sufficient evidence for the judicial officer to biew you have a prima facie case.

2. If it has been within 12 months of the publication of the imputation, you can bring a defamation legal action for the false statements made about you and pursue damages against her.

3. Another cause of action you could pursue would be the tort of Intentional Infliction of Emotional Distress and I feel that cause of action would have some legal basis.

Disclaimer: I am not a solicitor.
 

TonyDJ

Active Member
30 December 2020
9
1
34
If she intended for you to be charged, yes I would think so, BUT, who did she conspire with?
Well I think the wording says something like, Conspires with another OR . . . . So I'll give it a go. Thanks heaps.
 

TonyDJ

Active Member
30 December 2020
9
1
34
Appreciate the tips and opinions. It's a terribly long road and to be honest I'd rather be rid of the poison but I feel I have a responsibility to myself and my family to not let this slide.
 

Jaywoo220

Well-Known Member
11 November 2019
397
5
589
Just be careful , because I just got charged for starting legal proceedings against a witness for defamation.