My Step Son Arrested

[stepdad]

Hi All

For obvious reasons im going to be cautious what to mention.

My Son (15yrs) was arrested and held for 19 hours (being as it was Sunday PM) on allegation of Rape.

He went to a party the night before (lots of teenagers with drink) and had sex, using a condom with a girl (14yrs same class group) on a high surface (approx 4 feet) in garden.

Nothing was allegated on the night, as both my Step Son and Girl returned into house, and drank, but then the girl drank too much and parents were phoned to collect her, as apparently she was out cold.

The day after, her friend spoke to her friends parents to tell them that their daughter was raped, whilst she was out cold, and the friend said she came over and dragged my step son off.

He admits sex with the girl, but nothing else rings true.
The girl he had sex with is saying nothing, as she says she does not know what happened. Her friend said she also grabbed my step son to make sure he had protection on (which he did)

Not sure on what witnesses are stating at the party.

Our solicitor is great, and he keeps saying its a serious matter, but can only see it going to the wall (baliff is specialised in these cases)

He has been bailed for 2 MONTHS, with no conditions (both at same school, but both given restrictions on areas)

We are so so worried about anything that could go wrong, and he finishes up charged.

He currently does coaching with young kids, and is looking at that being his career step (or something ideal)

Any Advice would be so so helpful

As stated i will try and be select on info i give.

Thanks (worried parents)

[Rights Fighter]

You mentioned a "bailiff". Are you in Scotland? I ask as the law is very different to that in England and Wales.

[stepdad]

sorry, meant barrister. In England.
think ive lost the plot with worry

[Rights Fighter]

You must be paying privately if you have a barrister on board prior to charge. Many sols won't do anything until a suspect is charged as there is little or no paperwork.

You really should prepare yourself for the worst. I've done legal visits to prisons and interviewed inmates who were told exactly the same thing. You will need to talk to those who were present at the time of the alleged offence and get informal statements written out now.

Please be aware that this is a public forum and we know for certain the the police do monitor it.

[stepdad]

no, he has legal aid, but i asked my solicitor to fill me in on the barrister incase he is charged, as i was told by him, you'll only get one shot at this!

my stepson believes that i everyone there tells the truth, then it'll be seen that she was not worse for wear after sex and continued to party

life is just so horrid whilst we wait, but he is fine as he reminds us, to think if not guilty then he wont get charged.
God, i hope and pray he is right to think that way

[Rights Fighter]

no, he has legal aid, but i asked my solicitor to fill me in on the barrister incase he is charged, as i was told by him, you'll only get one shot at this!

my stepson believes that i everyone there tells the truth, then it'll be seen that she was not worse for wear after sex and continued to party

life is just so horrid whilst we wait, but he is fine as he reminds us, to think if not guilty then he wont get charged.
God, i hope and pray he is right to think that way

That is not exactly accurate!

Just pray that this matter is NFA'd (No Further Actioned).

[stepdad]

Hi All.

Well last week, we had the relieved news of No Further Action would be taken.

I know we should appreciate the news, and at the time it was all we seeked.

After speaking to our Solicitor, on asking what we can do in regards to the false allegations, he told us it would cost too much, and to sue a 15yr old would not be worth the hassle.

All i want to do is to prove a point, just for the whole princible.

His DNA is on record, and if he has an advanced CRB it will possibly sho he was a suspect in a rape case.

I hope for everyone that the day comes to be known it would be taken no further.

Any Advice guys
Thanks

[LS]

Excellent news, Stepdad! It must be a huge weight off your shoulders. Try to get back to normal now, don't let it eat you up.
Regards
LS

[RFLH]

That's brilliant news!

[Rights Fighter]

[Casehardened]

Thank goodness all has turned out well.

With regard to getting anything done about the false accusation, I think it's better to put it behind you. The police/CPS will not take action as it is a minor who made the accusation, and if you take out a private prosecution, more people will become aware of the matter, and, as your solicitor said, the girl is 'a man of straw' in any case!

With regard to your concerns about future CRB checks, perhaps your solicitor might put together a precis of the matter on his headed notepaper for your stepson to produce at interviews if he gets asked about it.

Edit to add: You have had revenge of sorts as the allegation against your stepson and the result is recorded on the PNC in perpetuity (or until the system crashes!) This means if your son is in trouble again, heaven forbid, this will come up, but more importantly, if the girl tries to make another allegation against anyone (or if even she is genuinely raped in the future) the fact that she has been proven to have made a previous false allegation will be highlighted.

[Saffron]

Great news about the NFA, Worried StepDad.
I completely understand you wanting to proceed with charges against the girl, but I have to say it is highly unlikely anything will come of it. It seems that the girl herself wasn;t the one who kicked the whole thing off in the first place - it was her "friend" wasn't it?
Perhaps you can get your sol to ask the police about getting your son's DNA removed, and clearing this allegation from his record. It has happened in some cases.
I hope you can all put this behind you now and move forward. It's not always as easy to do this as some people think. Your stepson also needs to learn from this - drunken casual sex makes him highly vulnerable.

I am very pleased to hear your good news.