In desperate need of help.

[Gutted_Dad]

My son was arrested for an alleged Sexual Assault against his new girlfriend, without giving too much detail - they were sitting in his car and hes adamant she instigated the sexual contact and gave full consent.

At 00:15 some 4 hours after he got home the police came knocking and arrested him, he's only 17 but we were told we weren't allowed to go with him. He spent the night in a cell and was interviewed the next morning I tried calling the station to tell him to take a solicitor but was told I couldn't tell him anything therefore he never asked for a solicitor during the interview and stupidly turned down the offer of a duty solicitor.

Anyway he was released on bail for 6 weeks when he has to report to the local station - as far as I know he hasn't been charged with anything yet, but typically the rumors around the town have already started and he's scared to go out even though he's innocent.

Should I get a solicitor now or wait until he's actually charged with an offense? As we've never had any dealings with the criminal system neither me or his mum know what to do.

We're in Northumberland if that's any help.

Any help would be greatly appreciated.

Many thanks

Worried Parents.

[RFLH]

Have a look at http://www.courtroomadvice.co.uk/you...on-arrest.html

The police hope that you don't know all your rights to a legal defence, usually with words like 'if you're innocent/haven't done anything, you don't need a solicitor'. If you haven't done anything then they've made you think that you don't need one. This is to their advantage as if you had legal representation they would have to disclose to them, what the allegations are.

I'm sure that Rights Fighter will be along soon to advice you further.

[Rights Fighter]

It looks like the lad refused the services of a solicitor however I am sure that due to his age an appropriate adult would have been or should have been summoned.

if your lad has not yet been charged then it is unlikely you will get a solicitor to see you/your lad without paying although some might.

Please PM me your whereabouts in Northumberland so I can look for an experienced solicitor.

[Gutted_Dad]

Thanks for the PM I've contacted the solicitor you recommended,

I can say that he was offered a solicitor but thought he couldn't afford one plus he said to me afterwards he was innocent and didn't need one.

Both his mum and I were shocked at being told we couldn't accompany him - he had 9hrs in a cell some 40 miles away - understandably he didn't sleep at all and now can't remember what he said in the interview. What he does know is that she fully consented and even instigated it.

I've read the sentencing guidelines from top to bottom and with the advice of RF I think he will be tried as a 17 yr old (he turns 18 in 4 weeks) should it go that far.

At the moment he was arrested for 'Sexual Assault' but I'm sure after listening to his version of events it will be upgraded to 'Sexual Assault with penetration', am I right in thinking I should be looking at pages 70 and on for the youth guidelines?

As I've been typing this I realise I sound like I've already given up all hope and that my son will be charged, found guilty, and locked up (I'm a cup half empty type ) but either way he is now stigmatized for his entire life - a life that just started for him

Thanks for all the help so far - I'll try to keep you all informed as time goes by.

Regards

Gutted_Dad

[Rights Fighter]

Your lad was entitled to a duty solicitor - free of charge. He should have been informed of that and it would be on the tape if this is what he was told.

Should it go to trial and he is sentenced as an adult then that can be appealed.

I know a guy who got 14 years down to 9 as he had been sentenced as an adult and at the sentencing rate at the time of conviction - and not from when the alleged assault "occurred", and everything allegedly occurred when he was a lad.

Not sure what the age limits are - you might want to look that up to make sure that I am correct as laws change on a regular basis.

You are right to expect the worst although that may not happen. Too many times I've met guys who really believed justice would prevail and left a complete mess behind them such as family members having to collect the car from the car park and pay the bill for that, also having to pay the local B&B costs.