Any advice please-Should I seek solicitor now?

[worrieddad]

Hi I hope someone can advise me on what happens next and should I be looking to get a solictor now,
My son has just been arrested and accused of rape which allegedly took place in october last year, and he is now on bail.
he denies it was rape and both consented.
She had told the police that she didn't know who the person was or any contact deatils however upon arrest my son told them that they were in regular contact prior to the alleged incident via the internet and via mobile phone text.
After the incident my son was texting her asking if something was wrong as she was not answering any attempts of communication.
This I find very strange if she thought it was rape surely she would have given all information to the police she could?.

I presume now with my sons statement the Police are going through his information given but how long should this take, my wife is very stessed over this as am I but I have confidence in my son and also cannot see what evidence there is for the accusation apart from her word.

My questions are can how long should I wait for information on this? should I be conatcting the Police to find out what is happening? should I be looking for a solicitor now? can you recommend a good defense solicitor for false rape allegation?

Thankyou for any advice that is given.

[Saffron]

Hi WorriedDad

Sorry to hear of what you are going through.
In answer to some of your questions:

Yes, if your son has been arrested you should seek out a specialist solicitor. You need one who specialises in defending sex crimes. A normal Criminal Solicitor will not do. Ask for information about successfully defended cases. Rights Fighter will no doubt be along soon, and she might be able to point you in the direction of a good solicitor, depending on where in the UK you are.

With regard to the amount of time this will take - very difficult to say. Could be over very quickly, could take years (literally!). It is not uncommon for the accused to be rebailed time and again, pending further police enquiries. I am assuming from what you say that he has not yet been charged.

It seems strange that this girl is claiming not to know your son or to have his contact details prior to the alleged incident - previous contact via text and email could easily be proven. Have the police taken your son's computer or phone? if not, make sure you pass it and proof of any sort of correspondence between them to his solicitor, NOT the police. Unfortunately police have been known to "lose" evidence that may prove your son is telling the truth.

Get your son to write down every tiny detail about the encounter. No matter how insignificant a piece of information may seem, it could prove vital. Was there anyone else with them at the time leading up to the incident, who can maybe provide a statement? if so, get them to make a statement to the solicitor, not the police.

Unfortunately, the accuser's word is all that is required for the CPS to recommend charges. If she comes across credibly, there is every likelihood that your son will be charged. Sex crimes do not require corroboration or DNA evidence. The problem with it being an issue of consent is that he will say it was consensual, and she will say it wasn't. It all comes down to who the jury choose to believe.

I am sorry you find yourself here. Lots of us have been in the same situation as you. Stay strong.

Saffron

[RFLH]

Hi Worrieddad, I can't add any more to what Saffron has said for you to do.

If you've got any questions or want any information, please ask on here, because someone will know the answers.

[worrieddad]

Thankyou Saffron, for just responding, it helps a great deal just to speak to someone as I am so lost and out of my depth.
Your are correct my son has not been charged (and god I hope never is) the police have taken his phone but not his computer.

I would welcome any recommendations for the specialist solictor as you said, we live in the Crowthorne in Berkshire area.

[Rights Fighter]

If your lad has not been charged then it is likely you will have to pay a solicitor at this point or you might be lucky enough to find one who will see your lad for nothing.

Many of the cases I have dealt with - they have helpfully given the police information which disproves certain aspects of the allegations and they've gone off to tell the accuser who then changes her story, using stress and anxiety as an excuse for making the "mistake".

Off the top of my head I don't know of any experienced solicitors in your neck of the woods although of course, this does not mean that there are none.

I am away from tomorrow for a few days but I will try to log in if I can find a "hotspot" and/or Wifi connection on my netbook.

Thank you for not going into graphic detail - not a good idea on a public site (and I would not allow it on the private forum I run).

If the alleged assault occurred anywhere near CCTV cameras it might assist your lad if you or he can find out who owns / runs the cameras and make a request to have those tapes preserved. It might be that you will need a solicitor to assist with this depending on the attitude of the company who owns them.

I've known some cases against the defendants disintegrate once CCTV shows a very different picture of the run up or the follow up before/after alleged assaults.

[friday]

i'm a victim of rape who didn't get a conviction. less than 6% of reported rapes end in conviction and only 30% of reported rapes ever go to court. of these the majority of successful convictions are stranger rapes so don't give up hope. the odds are in your sons favour (if he can prove he knew her), however it is better to expect the worst and be prepared.

i hope everything works out for you and your son.

[Concerned Friend]

Ref: Worried Dad & Mobiles and Police etc....

In an unreated incident, I had a relative who was being abused mentally and verbally......they surrendered their mobile to the police and the police were able to retrieve messages that had been deleted over a 12 month period!! Wow! So your sons' mobile should come up with all lost / deleted messages. Good Luck!

[RFLH]

Hi, thanks for that piece of information - I'm sure that it will help many people as I know others have wondered the same thing.