my 16 year old son falsely accused of rape by a woman of 40

[Rights Fighter]

Not necessarily. Usually the police/Crown are under pressure to obtain convictions to meet "targets".

Did you see the recent real-life drama on TV "U B Dead?" It was up to the defendant to gather the evidence to prove his innocence. This was in the form of a condom taken by the liar from his wheelie bin, with his DNA, his girlfriends and once she had shoved it up inside her, her DNA. There were three contributors there of course which the police ignored until later on.

Hopefully your lad has a solicitor experienced in these matters.

[landlady]

Not necessarily. Usually the police/Crown are under pressure to obtain convictions to meet "targets".

Did you see the recent real-life drama on TV "U B Dead?" It was up to the defendant to gather the evidence to prove his innocence. This was in the form of a condom taken by the liar from his wheelie bin, with his DNA, his girlfriends and once she had shoved it up inside her, her DNA. There were three contributors there of course which the police ignored until later on.

Hopefully your lad has a solicitor experienced in these matters.

hi there RF,
please forgive me but i didn't see that progamme and i'm not sure i understand what you mean in reference to my sons case??????

[Rights Fighter]

You said:

on the forensic report it says,

MIXED DNA PROFILE OBTAINED FROM SEMEN FRACTION FROM AT LEAST 3 INDIVIDUALS.

HERS, MY SONS AND A SINGLE UNCONFIRMED ADDITIONAL MINOR COMPONENT.

her lover gave a mouth swab with his dna, and she admitted to having sex with him on the friday, but surely they would have named him as the third unconfirmed dna wouldn't they???????????

my line of thinking is who's dna was it if not the lover and can we find out either way??????????

There was a mixed DNA on that true story drama and it was that which proved the defendant innocent. The "3rd party DNA" was not followed up by the police. Obviously then the defence must follow up who that 3rd party is, in your lad's case.

I was trying to explain that some cases are similar and that we can learn from them.

[Shatteredhusband]

may i ask one other thing,

on the forensic report it says,

MIXED DNA PROFILE OBTAINED FROM SEMEN FRACTION FROM AT LEAST 3 INDIVIDUALS.

HERS, MY SONS AND A SINGLE UNCONFIRMED ADDITIONAL MINOR

I think that I can see your reasoning that she may have had sex with another man other than her partner or your son. I suspect that the prosecution will have expert testimony which suggests that the single additional minor component most likely represents cross contamination. This could occur either at the time of sample collection despite best efforts to prevent it or at the time of processing although the lab staff may all have their DNA recorded so that they can identify any cross contamination within the lab.

I suppose the samples compatible with either your son's version or the woman as both admit sexual intercourse occurred.

Your solicitor may be able to ask for an opinion from a forensic pathologist if he has not come across a similar result before.

Best wishes
SH

[Rights Fighter]

LL also said:

her lover gave a mouth swab with his dna, and she admitted to having sex with him on the friday, but surely they would have named him as the third unconfirmed dna wouldn't they???????????

So therefore the 3rd party is there by her own evidence - although the police/Crown might wish to discreetly hide this bit.

[landlady]

ah i see now what you mean. i am seeing my sons solicitor tomorrow so i will discuss this then RF.
i also understand what you are saying SH, all these dna's will no dowt be on record.

after my son left the house two males were still there but i won't jump to conclusions.

thankyou for your help xx

[landlady]

well today our solicitor was still 'off sick".

we saw one of his "helpers"

although she is 7 years into her solicitor training i was a little worried that she had read nothing on my sons case i.e statements, forensic evidence etc. so when i posed her with questions about DNA, bi polar, obtaining medical records i did not get the responce i had hoped for.

firstly she said we had to be careful not to discredit this womans personality too much regarding bi polar as this could show the jury my son took advantage of her vunerability.

i fully understand why she would say this, but my son had never met this woman before so how could he know of her vunerability??

and also she has been in the psyciatric unit before surely this could help the jury knowing this????

she also has an asigned social worker, surely we need to know why????

i fully understand that any woman what ever her background is does not deserve to be raped, but surely someone who's mind is unstable needs to be investigated when she makes alligations that she has been?? especially when the said accused says it was consensual???

she guarenteed that by the time we have our next meeting with the barrister she will know all about my sons case and would have read all the evidence.

i told her in no uncertain words that i would be going through everything with a fine toothed comb, her reply was i would drive myself mad and she had a good mind to take all the paperwork from me!!!! trust in your legal team we will miss nothing!!!

i can't help feeling a little vunerable.

she also told me they are putting a case together for the "abuse" my son suffered with the way the police and cps have dealt with this case. the constant "on, off, on ,off" being told twice it was all over then saying it was not!!!

i have been asked to write time lines as to conversations i had with police when this happened.

i won't give up asking questions and am determined to get the best help for my son, but relying on a jury to " see a young vunerable lad" surely is not the way this case should be going???

any help, advise please????

[Rights Fighter]

It will not help the jury to know that the complainant has been in a psychiatric unit or that she has mental health problems. You do not know that members of the jury or their family members do not have mental health problems or have had them in the past. Pushing that could damage your lad's case.

The defence should be able to make an application to have sight of the complainant's medical/counselling/psychiatric records. This would not be a "fishing expedition" but to clarify whether she has made false allegations, or any allegations of a sexual nature before now. Further, if she has had counselling since the alleged rape then those records ought to be disclosed to see if she has made the complaint to her counsellor.

If you really believe that the solicitor who now has conduct of the case is not handling matter professionally (she cannot remove the paperwork that has already been handed over) then you could tell her that if her attitude does not change then you will be writing to the senior partner of the practice to ask for the matter to be transferred to a senior person, and if they do not do that then you will apply for a transfer of funding to another practice. She might pull her socks up then and react with a little discretion and sympathy.

Which county are you in?

[Saffron]

Good on you, Landlady, for questioning your sol's "assistant" like this. I wish we had done that. We just trusted blindly that she knew what she was doing (ha! more fool us).

Your sol is right to be a little concerned that discrediting the accuser too much will result in the jury feeling sorry for her. In cases like these the verdict is almost certainly going to depend on who the jury feels the most sorry for. It shouldn't, but unfortunately it does.

Actually, I think that your son is the vulnerable one. This woman sounds like a sexual predator, and your son is, really, just a kid. She took advantage of him and his inexperience. I reckon (I am not an expert, this is just my opinion) that if the accuser is shown to be a serial sexual predator and attention-seeker, and your son can explain how terrified and inexperienced he is, then jury sympathy should be with your lad.

You are right not to just rely on your sol though. Keep going through the statements, look for inconsistencies and point them out to your sol. Chin up. You are doing brilliantly. (((((hugs)))))

[landlady]

[QUOTE=Rights Fighter;12943]It will not help the jury to know that the complainant has been in a psychiatric unit or that she has mental health problems. You do not know that members of the jury or their family members do not have mental health problems or have had them in the past. Pushing that could damage your lad's case.

The defence should be able to make an application to have sight of the complainant's medical/counselling/psychiatric records. This would not be a "fishing expedition" but to clarify whether she has made false allegations, or any allegations of a sexual nature before now. Further, if she has had counselling since the alleged rape then those records ought to be disclosed to see if she has made the complaint to her counsellor.

If you really believe that the solicitor who now has conduct of the case is not handling matter professionally (she cannot remove the paperwork that has already been handed over) then you could tell her that if her attitude does not change then you will be writing to the senior partner of the practice to ask for the matter to be transferred to a senior person, and if they do not do that then you will apply for a transfer of funding to another practice. She might pull her socks up then and react with a little discretion and sympathy.

[landlady]

thank you S AND RF,

the assistant said its rather like a "beauty contest" in court. the jury like you say S,
LOOK TO WHO DESERVES THE MOST SYMPATHY.

my son is very fair and goes red at the drop of a hat, i hope the jury don't see this as a " guilty" reflection????

he finds it all so embarassing, as i said before he is shy and very private person.

i sometimes feel that when i go through these statements i find hope, only to have it dashed.

i just wish all could be told about this woman that seems to be nothing but an attention seeking mad woman.

i honestly feel from what her ex friends told me she needed more attention from the solicitor lover and this his her ticket into his world!!!!! and getting the sympathy vote from him along with it!!!

[largactyl1]

Hi Landlady - I think your theory that she is looking for the "Sympathy Ticket" rings quite true. I'm sure there is more than one reason (or indeed no understandable reason) but this guy is married isn't he, and being "the other woman" might mean she doesn't get as much attention as she feels she needs. I know it's just a theory but I do feel that the more angles you think this over from may help you get your head slightly around it.

Just please remember, there are likely to be people in the Jury who have teenage sons who surely will empathise, and possibly think "There but for the Grace of God...."
It could be anyones son, anyones at all, could be mine. And I know how this would destroy me. You are being so very strong - supporting the poor lad and looking at all the avenues.

Is RF saying that there could be doubt that she only had sex with one guy that night - that there could conceivably be more?

Why hadn't the solicitors helper even read the notes???

Very best wishes
Jen

[Rights Fighter]

@Landlady

http://www.thejohnsonpartnership.co.uk/index.php/contact-us/

Nick Tongue is the best one there although sometimes he needs a kick up the ar*e! One of the barristers he uses (I have seen him in action) is Adrian Langdale.

[worriedfather]

Hi Landlady. i think your sons age will help as he is a teenager and only just over the age of consent, keep going through the statements and get as many statements as you can to support your son, go through the "evidence" and see what it says, also what it does not say, you need to know the evidence off by heart, when we went to court the cps proposed to use 2 pieces of evidence that were untrue and we stopped them by challenging it before it went into court by being able to counter what they said. finally and the worst part you will have to get your son to rehearse what he has to say, as he needs to know what to say and to be confident in what to say. It is very hard but it is a godsend as the CPS will be out for a conviction and dont care how they get it.

[landlady]

hi RF,
i'v been trying to answer to your message, yes i would like to go a head with what you surgested and if possible remove the things that concern you. but how???

many thanks LL X