help and advice needed please

[worried mam and dad]

a week ago our son was asked to go to the police station (they rang his mobile), so he went - when he got there he was told there was an allegation of rape against him. He was devastated - he fully admits to having consesual sex with a girl he met the week before - a one night stand basically - and it is this girl who is making the claims against him. We are terrified of what will happen now - it has been 9 days since he gave a voluntary statement, and we have heard nothing yet. On this night out with his friend he met this girl and her friends - as the night progressed her friends left but she stayyed ith my son and his friend. She then invited him back to her house - with my sons friend. In the house they started kissing, (his friend went upstairsto sleep,they were on sofa), my son states she initiatesd sex and then it happened. She didnt want to use a condom but he insisted. After the sex has happened she went to the corner shop for some cigarrttes and was away about 20 mins. When she returned he phoned a taxi company - she spoke to the taxi firm to give the adrress and when the taxi came she came outside and kissed him goodbye. Meanwhile my sons friend asked if he could stay the night because he was tired, so he remainued at the house till morning. The next day (which is apparently when she contacted the police), my son sent her a text messsage asking if she had enjoyed the night and perhaps they could meet up gain - she replied said she was OK, had a normaL txt conversation with my son. He has deleted the message but told the police they could have his Sim if they wanted (they didnt). Right now we dont know what to do - should we contact a solicitor now or wait? If we need a solicitor how do e find a good one for him - we will mortgage the house or do anything for him. We know he is innocent and just cannot understand why she is saying these things. Can anyone help please, we are at our wits end and so scared for him.

[RFLH]

You need a solicitor that knows about these types of allegations. Rights Fighter may be able to help with that information.

Get your son to write down everything he can remember about that night and also get his friend to do the same, I daresay the police will want to question him at some point, make sure that he has legal representation too - their old excuse of 'if you haven't done anything wrong, you don't need one' - doesn't wash these days.

Try not to worry too much, easier said than done I know - hopefully they may well not persue this, its depends if there's the vaguest chance of them thinking it will stick, I presume that its been sent to the CPS and then they'll let you know.

[worried mam and dad]

thank you

Thank you for your message. His friend has already given a statment supporting our son.

What we cant understand is the girl left the house to go and get cigarettes and was gone for about 20 / 25 minutes, so why did she not call the police then while she was out ?

anyway thank you again.

ps. How would we get intouch with Rights Fighter or would we have to wait for him/her to read our posting ?

So glad that we have found this site.

[RFLH]

You can send her a message from the site. Click on her name on a thread heading or message.

I can hazard a guess that she didn't want your son to go and having thought about what had happened she decided to get back at him. Also compensation is rather a nice sum of money for rape.

I think if you can come up with a reason why, you would make a lot of people happy and avoid being caught in the same trap.

I'm sure others will be along to add their support and advice.

[Rights Fighter]

Hello and good morning!

Whereabouts in the UK are you? I might be able to identify an experienced solicitor for your lad depending on where you live.

Make sure your lad keeps hold of the SIM card - possibly he should think about changing the SIM and keeping it in a safe place in case his phone is stolen.

At first glance, the girl not wanting to use a condom gives an indication she was looking for a sperm donor.

Is she in a relationship with anybody who believes that she is pregnant (by him?)

As your lad has not been charged, public funding will not be available although he might be able to get a "free" interview in order to get advice and assistance.

I have also sent you a private message 9with the above advice in it but will a little extra).

[Saffron]

Hello and welcome. I am sorry you find yourself here.

The only thing I would add to what RFLH has said is that the mobile phone company should be able to retrieve the text conversation your son had with this girl. This would be pivotal in proving his innocence - contact them and ask if it is possible. I know that the police can retrieve them, but it's better that you do it - don't give any evidence that may prove innocence to the police...they are not looking for evidence that a crime was not committed, only for evidence that it was committed.

Good luck, let us know how you get on.

[Rights Fighter]

If this matter goes to trial then it would be better to instruct a forensic expert to interrogate the SIM card rather than the mobile phone company as a suitably qualified expert is authorised to give evidence at trial. I don't know that the mobile phone company would be able to retrieve such evidence although they could of course provide evidence which number rang or text what phone.

Your lad should be able to get such an expert on public funding.

[RFLH]

Thanks for the advice I missed ladies - much appreciated.

[Saffron]

Additionally, if she went to the cornershop to buy cigarettes there may be CCTV footage of her doing so....depending on where in the UK you live, as rural areas tend ot have less CCTV coverage than urban areas.

Unfortunately, unless your lad is charged, a sol can do very little at this stage, but should it get that far you should definitely ask the sol about the text messages and CCTV.

Chin up, and keep posting! Better out than in!

[worried mam and dad]

Re sim

thank you everyone.

We have considered hiring a PI to recover the text messages also to find out info on the girl, Interview the taxi company etc.

What do you all think and would the PI be considered as an expert witness ?

[Rights Fighter]

I don't know many PI's who are qualified to interrogate mobile phones to retrieve deleted text messages. Actually I don't think I know any who can do that.

A good solicitor should be able to interview the witnesses. You really don't need to go to the expense of paying for a PI but if you do, then it is likely that your lad would not get public funding for the trial matter.

PI's are not generally considered "expert witnesses" in the true sense of the word.