my son accoused of sexual touching

[worriedmum54]

My son has been charged with sexual touching a female at a nightclub he cannot remember anything about it as they were both drunk. He goes to magistrates court on 15th nov he has a solicitor that was given to him when arrested. We have never had any dealings with police before. I am so worried my son will go to prison.

[Casehardened]

Hi and welcome to the forum,

To enable members to understand what stage your son is at, is the magistrates appearance for trial or for the purpose of committal to Crown Court?

Also in his police interview did he admit or deny the allegation? (or stated he couldn't remember what happened)

The severity of the allegation (and thus sentencing if he is found guilty) depends on what the actual touching entailed. Obviously don't give details here but his solicitor will have a copy of the CPS sentencing guidelines and so should be able to advise as to the possible penalty (if he is found guilty which is by no means certain)

[worriedmum54]

He is going magistrates court on 15th he said he couldn't remember anything at police interview. It just says on the papers he got to appear at magistate court dosnt say what purpose. His solicitor is not seeing him till the day. Just don't know what to expect.

[myhome]

Hi - I've moved your thread to the "Introduce yourself and say Hello" section so more people will see it and reply to you...Myhome

[myhome]

Hi and welcome to the forum - but really sorry you had to find us. You will get loads of support and advice on here.

Your son needs to write down absolutely everything he CAN remember about that evening and store this electronically somewhere other than on his computer or mobile which plod may seize if they want to....

Keep posting and others will be along shortly with more...

[Casehardened]

He is going magistrates court on 15th he said he couldn't remember anything at police interview. It just says on the papers he got to appear at magistate court dosnt say what purpose. His solicitor is not seeing him till the day. Just don't know what to expect.

This link is quite a good write-up of what to expect (but not necessarily an endorsement of that particular firm of solicitors!)

http://www.marymonson.co.uk/magistrates-court.php

Was the summons to court given to him by the police after his interview or did they come through the post? If the former it is likely to be a committal hearing, if the latter it is likely to be a trial.

I would contact the solicitor to check as if he is to be tried he needs to prepare a defence; 'not remembering' is not really good enough as MyHome has rightly pointed out!

[worriedmum54]

He was given bail before he was charged had to go back to be charged and was given court date then

[Casehardened]

If he is going to plead not guilty to the charge then this first court appearance will be somewhat of a formality in any case.

There will be some discussion between the legal people and a date for the trial to take place will probably be set

[worriedmum54]

Just been to court they taking it to crown court in February we have got a door man as witnesses to say that she is has a reputation and total pest to them and well known hopefully this will be good he still can't remember anything happening but things have come back about that night but not anything about that.

[worriedmum54]

Do you know if she will have to appear and be questioned.

[Casehardened]

Do you know if she will have to appear and be questioned.

Yes she will be first questioned by the prosecution, this being to enable her to give her side of the story and then afterwards cross-examined by your son's barrister with the objective of showing she was mistaken in her allegations.

[worriedmum54]

Thank you hopefully she will be found out to be the liar that she is .

[Rights Fighter]

Just been to court they taking it to crown court in February we have got a door man as witnesses to say that she is has a reputation and total pest to them and well known hopefully this will be good he still can't remember anything happening but things have come back about that night but not anything about that.

That evidence might not be admitted as it could be deemed to be 'bad character' and that has to be argued in by defence, unless the Crown accept it and allow it - which I doubt they would. After all, having a 'reputation' and being 'a pest' and being 'well known' doesn't mean that she cannot be raped.

Don't place too much hope on that being put to the jury. Hopefully you have more evidence that will help. See if you can find out if she has ever made false allegations before......