Help & Advice please

[worriedmother]

I've just had the worst day of my life. My son has been arrested this morning accused of rape. He met a girl in a bar. She invited him back to her house. One thing led to another and then while they were having sex ,half way through she asked him to stop, which he did. She told him she was bothered about her boyfriend finding out, and sounds like she had changed her mind about having a one night stand. He offered to leave, she told him he could stay until morning. He got up to leave in the morning, made his excuses and left. He thought nothing more of it. Even told me he had had a one night stand. Then 3 weeks later the police are at our door arresting him. He has been questioned by the police and released on bail. The policeman escorting him back to the waiting room told him they didnt think he did it, his solictor (duty solicitor ?) also said the police told him they dont think he did it. All sounds good, but should I just sit back and wait for the CPS to make a decision or should/ could I be doing something to help him incase things dont go as well as they sound they should do ? This is first time he has been in trouble with police - we don't know the system, just want reassurance that justice and common sense will prevail

[Casehardened]

Hi and welcome to the site. What a huge shock for you and your son to have the police turn up on your doorstep, but as you’ve found this site you have probably already looked at some of the other threads and realised that this is not an unusual situation. Remember that once a woman has uttered that magic four letter word, the police are obliged to arrest and interview the accused person no matter what their own opinion is about the evidence put forward by the accuser.

From your account I can see some positives: if the girl was met in a bar then presumably she is not a minor; secondly the police telling your solicitor they don’t consider it to be rape is more significant than telling your son (they might have been just trying to get some more information from him)

Unfortunately the decision whether to take it further is the CPS’s though this will be influenced by the officer’s opinion, and there is not much you can do in this respect but wait (and wait)

In the meantime to keep yourself sane you could jot down notes about everything that would help your son: did he know the girl previously to that night?; was there anyone in the bar who could give a statement that they were enjoying each others company?; Does the bar have CCTV? (assuming the police haven’t got there first); did anybody saw them walking back to her house, or any CCTV on the route.

Be prepared for an emotional roller-coaster but you are able to vent your feelings on here.

[worriedmother]

Yes he met her in a bar, him , the girl and another couple got in taxi , the other couple got out first and then my son and this girl went back to her house. Then it seems its just her word against his. I'm trying not to say too much on here. I'm just trying to work out how I can help him prove his innocence. Do I need to trust the police, and solictor when they say they don't think she has a case? The solicitor said if it was in the police's hands they wouldn't charge him, so a little comfort. Do the police have to refer the case to the CPS or could they decide they don't have enough evidence and decide not to go any further ? If it goes to the CPS does it go straight away or will police have to take more statements from people there at the time ?
I have no clue how this all works. I didnt even realise they had arrested him at the time I was in such shock
My main concerns are that that this doesn't go any further and charges are dropped. I also want to know about if this allegation can get out ? I keep reading about its not the case of innocent until proven guilty now - so do the police publish that he has been accused in some way ? The last thing I want is for people to find out and start rumours when it hasn't been proved ( and won't be !)

[RFLH]

It isn't the police's job to prove innocence - its to get a conviction. Should this matter be taken further, you really do need a solicitor that knows about this type of allegation - a duty solicitor isn't the ideal one to help.

You can never stop rumours - so it depends of the 'victim' and whether or not she goes around saying anything. You too should be a careful who you tell (you do find out whoyour friends are if you do tell anyone!). Should the charge go ahead then it may get out - if it goes to court it may be reported. It's difficult to say for sure.

[Casehardened]

The case has to be referred to the CPS if there is any possibility that the alleged offence might have happened. This is the political fallout from the (now thankfully previous) government in trying to increase rape convictions, so the police have no leeway.

The CPS will look at the matter quite dispassionately as to whether they can get a conviction and may well prompt the OIC to get more evidence to bolster their case.

I'm being deliberately pessimistic so as to not raise your hopes too much however I do think a new wave of realism has recently swept through the justice system with regard to these spurious allegations (i.e. post-coital regret syndrome) no doubt partly prompted by financial stringency.

However if you can somehow contact the couple who shared the taxi their statement will be useful in showing that the girl was willingly accompanying your son.

[Constant]

Another one

I'm sorry to hear of your trouble - its awful - no words can describe how you and your son feel - I'm in the same place and its like someone punching you in the stomach and never being able to regain your breath.
Its getting to the point where you will have to record even your most intimate of moments just to ensure you are not falsely accused. I agree with the sentiments of all on this site - get a good solid solictor - and fight don't give up - don#t feel guity - its not your fault and at some stage the truth will out.

[worriedmother]

Thank you all for your replies. I am trying to keep positive in front of my son, but keeping realistic at the same time.
Am I best getting him a solcitor now or wait until we hear if he is going to be charged ?
The solicitor seemed to think from what was said he doubts it, but I don't want to waste time waiting if I could be doing something.

My son told them a few things she appears to have 'forgotten' and things that could be proved to back up his story. But at the end of the day - it was still just them two alone in her house and bedroom.

Its amazing, until now as a woman I always thought the danger was protecting myself from being raped. Now I realise how much danger men are in just by going back to a womans house for a one night stand and how this can turn their lives upside down.

Luckily his girlfriend ( they had an argument that night) is standing by him too

[Constant]

I would recommend getting a good solid solictor now - I changed last week wish I had done it before as they told me certain things which will help which I had never been informed of before - plus they will get you ready for your return to answer bail attend with you etc - its a layer of support this is an absolute must - I am using Tuckers in London - not sure where you are based but they are very very experienced in this and have dedicated teams and lots of knowledge.
Good luck to your son and to you

[Rights Fighter]

The case has to be referred to the CPS if there is any possibility that the alleged offence might have happened.

The test is actually whether there is a reasonable prospect of conviction. It has nothing to do with whether the alleged offence actually happened.

If a wrongly convicted person is lucky enough to get to appeal the conviction again, this has nothing to do with guilt or innocence but whether the conviction is "safe".

I've just come back from Court of Appeal where an appeal failed. It was clear the case was dodgy from the neck up but the convictions were not quashed because they were "safe".

The burden of proof is supposed to be on the Crown. Please do not believe that. You need to start finding any evidence that could persuade a jury that this alleged assault did not happen.

And you need to find a solicitor who specialises in defending false allegations of sexual abuse.

[Casehardened]

The case has to be referred to the CPS if there is any possibility that the alleged offence might have happened.

The test is actually whether there is a reasonable prospect of conviction. It has nothing to do with whether the alleged offence actually happened.

Sorry RF, I knew what I meant, just couldn't explain it very well If an accusation was made and during the initial interview the accused person was able to produce an impeccable alibi, he was having tea with the Archbishop or something in another country, at the time the offence was alleged to have occured, then the police may well drop the matter without referring it to the CPS. (which is what Worried Mother was asking in post #3)

If the two parties were alone together, then the offence could have occurred and CPS guidance must be sought.

You are so right when you say that it doesn't really matter whether or not the offence actually occurred but just whether the jury can be convinced that it did

[Rights Fighter]

And they say that British Justice is the best in the world. Whose world?

[Casehardened]

I know I am always having a go at Harrier Harman but I honestly believe she stirred things up in the Justice Ministry during the years she was in Government.

She always looked to me like she just hated men , thank goodness she's on the backbenches for a few years.

[Rights Fighter]

Harmon = Harm Man(kind) - she does decent women no favours at all. She is a complete embarrassment.

[worriedmother]

I don't know what to think anymore

The girl invited my son back to her house, then up to her bedroom, then got in bed with him, then halfway through decided she wanted to stop so he did. He said he would leave, she asked him to stay and said she didnt want him walking through the area she lived in in the middle of the night and she wanted him to stay and keep her company. He left the next morning. Her version is different we believe and after inviting him back to her house when he offered to get a taxi home, and then inviting him to bed she turns round and says he raped her ??

The thing is how do we prove that ? apart from hoping to have footage of him getting bus the next morning to prove his times are different to hers and maybe discredit her story ? She also logged into a web site from her phone while they were in bed which again would prove his times in his story.

I just feel its going to be his word against hers..do cases get to court in those circumstances ?

[Casehardened]

I just feel its going to be his word against hers..do cases get to court in those circumstances ?

I am afraid that they can and do, as many who post on here will confirm from personal experience.

In all other aspects of the criminal justice system the CPS will not take a case to trial unless there is hard evidence but in regard to sexual offences the accusers word is considerd to be the hard evidence. The reasons for this are manifold, partly that the (previous) government wanted to increase the conviction rate for rape cases and partly because of the current obsession with rooting out historical abuse (where there may not be any actual physical evidence)

Whatever the reasons, it means that a woman can pick up the phone and say she has been raped and, to quote the police's own guidelines, 'if the perpetrator can be located, they will be interviewed'.

Your son has unfortunately been caught up in this inflexible system but take comfort from Rights Fighter's posting that the CPS won't take it any further unless there is a reasonable chance of conviction. From your account it does sound likely this case is one of those that will be kicked into touch, however take nothing for granted and try to work out a defence to prove the girl was a voluntary participant.