How can this happen.... any advice greatly appreciated

[singingsally]

My son in law was arrested for stranger rape the week their family was relocating to Scotland. He was in prison for 4 weeks and released with a tag but cannot join his family in Scotland. He cant see his children - due to distance, has lost his job, but has been pretty strong knowing that he is innocent and there is no evidence against him, therefore assuming this nightmare will be over sooner or later.
My daughter has phoned me in tears this morning saying that his solicitor told him today that even though there is no evidence against him, this wont go away because of the statement from the girl and that he could still be found guilty. Is this right? No DNA no other evidence ..just a statement that is riddled with discrepancies . no positive ID, no injuries from hospital report.
In short.. nothing. He just happened to have used his debit card at the shop round the corner from where the alleged rape happened and had spoke to the girl who appeared drunk and her friends in passing as he came out of the shop
The CPS did not want to prosecute but the police complained.
This whole scenario beggars belief. I feel so sorry for my daughter,her husband and their children...and just dont know what to do to help them.
Maybe go to the local MP? or contact the papers to highlight what can happen in this country...
My son in law cannot join his family in Scotland as they dont have the same laws as England apparently....this is going to go on till court date which is March time next year and then.....oh.. it just doesn't bear thinking about
Does anyone know how he could at least live with his family whilst this is going on and not be forced to live hundreds of miles away

[Rights Fighter]

As his family is now living in Scotland then if he wanted to move to be with them, he would have to abide by their "rules". The laws are different to those in the UK.

Unfortunately many cases to go to trial with no evidence apart from the word of the complainant. Some result in convictions and others are acquitted and the judge then makes a little speech saying that "this case should never have come to trial" and order an "investigation - whereupon nothing will happen.

The police cannot force the Crown to prosecute a case when it is not in the public interest, eg it would cost a fortune to take it to trial and this comes out of the "public purse" and it has no merit.

As you mention a court date this suggests that he has been charged.

Is he confident in his solicitor? If not, write down the county where the trial is likely to take place and I will see if I know of a solicitor in the area, who is experienced in defending false allegations of sexual offences.

[singingsally]

Thanks

Yes he has been charged .He is currently using the duty solicitor from the police station but I think now we know that this is not likely to go away - just because of that little thing called 'innocence' he should have someone experienced in these situations. He is in SE London and needs legal aid.
His solicitor has said he cannot move to scotland to be with his family while he is tagged.

thank you for your response

[Rights Fighter]

Although north London these come recommended by somebody who lives in the south of Kent so I am sure would accommodate you. Insist on Gerry if you decide to go with these.


Mr Gerry McDonald (Higher Rights Solicitor)
EBR Attridge LLP Solicitors
436 High Road
Tottenham
London
N17 9JB

Mob: 07779 239708 24hr 020 8808 0774

www.ebrattridge.com

Gerry uses barristers from:
Garden Court Chambers
Lincoln Inn Fields
London

Julia Krish has 18 years experience in the field of historical allegations of sexual offences and allegations of familial child sex abuse.
Google: Garden Court Chambers for list of members and CV's.



Also:

http://www.bindmans.com/index.php?id=rhonafriedman

Rhona was brilliant in a case I supported a few years back. Choice of barrister was Sarah Elliott - good choice she was too!

and

Solicitor of choice is Tim Brown from http://www.tuckerssolicitors.co.uk/what-we-do/criminal-litigation

[eastwood]

My son in law was arrested for stranger rape the week their family was relocating to Scotland. He was in prison for 4 weeks and released with a tag but cannot join his family in Scotland. He cant see his children - due to distance, has lost his job, but has been pretty strong knowing that he is innocent and there is no evidence against him, therefore assuming this nightmare will be over sooner or later.
My daughter has phoned me in tears this morning saying that his solicitor told him today that even though there is no evidence against him, this wont go away because of the statement from the girl and that he could still be found guilty. Is this right? No DNA no other evidence ..just a statement that is riddled with discrepancies . no positive ID, no injuries from hospital report.
In short.. nothing. He just happened to have used his debit card at the shop round the corner from where the alleged rape happened and had spoke to the girl who appeared drunk and her friends in passing as he came out of the shop
The CPS did not want to prosecute but the police complained.
This whole scenario beggars belief. I feel so sorry for my daughter,her husband and their children...and just dont know what to do to help them.
Maybe go to the local MP? or contact the papers to highlight what can happen in this country...
My son in law cannot join his family in Scotland as they dont have the same laws as England apparently....this is going to go on till court date which is March time next year and then.....oh.. it just doesn't bear thinking about
Does anyone know how he could at least live with his family whilst this is going on and not be forced to live hundreds of miles away

hi singingsally, i feel for all your family that will be involved in this horrible mess, i am going through something like this myself and its no joke when you know for a fact that you are inocent, unfortunately there are people out there that will do anything to get attention or a victim fix without regard for what they put others through, the police will only pull out what suits them and do there best to hide anything that will show your son inlaw is inocent, if the police did what the public thought they do which is investigate EVERYTHING and put it to the cps i doubt half of these cases would ever seen the light of day. the only thing i can suggest for your son inlaw is for your daughter and family to come back to london as much as possible but i know that will be hard and expensive, keep posting, ad i hope everything turns out well for all of you guys, take care.