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

[Rights Fighter]

I think most of us thought you were at trial.

An abuse of process application can be at any pre-trial hearings and also still be put at trial, at the beginning in pre-trial arguments, after the prosecution case (evidence) and throughout the trial thereafter.

I would be interested to see how this goes because if it works, then it might help one of my guys in an appeal against conviction.

Thanks for coming back. See! You know we care!

[goldfish]

Hi Landlady

I hope all this works in your son's favour. It gives hope that sense may
be seen eventually. My husband has now had 5 preliminary hearings and still no trial date due to further investigations so I can appreciate the emotional turmoil you must all be going through. Keep strong.

[landlady]

hi again everyone,
glad that you all know whats happening now, i always knew you all cared

i do hope your husband's hell comes to an end, it must be terrible for you both, and ofcourse the rest of your family. my son takes it one day at a time and he is now quickly becoming an insperation to us all, although he has really bad days he feels there maybe a little hope that this may all be over soon.

our barrister does however tell us that trials are very rarely halted for abuse of process but even if it goes to trial at least like you say it can be put forward time and time again so the jury know whats happened and how the police have cocked up!!!

i just await with baited breath i'm still not convinced, i worry how my sons young mind would cope with either outcome????

i really wish you could all read her statement its just lies, lies that are so very visable.

anyway i will keep you all informed, myself and my husband are going to prepare our affidavids tommorrow, about what the police sergent told us.

thanks again for all your suport folks xxx

[largactyl1]

Hi Landlady, sounds like your boy is finding strength he maybe never knew he could possibly have -as you say, an inspiration at this nightmare of a time. Best of luck with your affidavits, what do these do? Thinking about you and the boy
Kind regards
Jen x

[Rights Fighter]

In some cases if a conviction ensues, then the CA may well accept the fact that the judge should have acceded to the application for the Abuse of Process as a ground to appeal.

[witsend]

Dear Landlady you have all been in my thoughts, your lad sounds like a true inspiration, hope this ordeal is over for you all very very soon.

[landlady]

hi there,
well its the appeal for abuse of process on monday, but our web thickens.

we have just had a phone call from our barrister to tell us they have heard from the prosicuting cps barrister ( the one that made the final decition to go to trial, which i might add is the one that knew nothing about the other cps barristers making a NFA charge on my son). she has decided on monday instead of saying cps are not carrying on she is passing it to another barrister!!!!

they may, we have been told ask for an ajournment for what reason i do not know???????

in our barristers words this is a proper dogs breakfast!!!

he also has an oppionion of the judge for monday, an oppionion which he would not share with me so god knows what he is like.

he tried to reasure me that it still could be thrown out and even if it is adjourned we still have an open window to get this thrown out on abuse of process.

he also told me that this has been going on for over a year now, my son was 16 that is a sixteenth of his life being put through this, that and also the fact he has memory problems through his learning disability, he doesn't have the same memory copassity as a 16 year old with normal memory span which he said is classed as a prejudise??? what this all means i don't know.

we just want this to end, but feel the rug is continually being pulled from under our feet.

the solicitor told me he has never in his life seen a case such as this which worries me more every day

please pray for my son, we need this over now.

[Shatteredhusband]

Landlady, good luck on Monday.

I will be thinking of you and sending positive thoughts.

[Saffron]

Oh my goodness Landlady, what a mess.
I hope that it goes your way on Monday. You and your family will be in my thoughts.

[Verity]

Ye god's.

Dearest Landlady,

I have been following the saga of your son's nightmare and I am appalled at the false accuser who at more than twice your son's age should bally well know better than to seduce a sexually inexperienced minor. (Under the age of 18, See Sexual Offences Act 2003)
For having sex with a minor.
Corrupting a minor by encouraging him into sexual activity and then to have the audacity to falsely accuse him of rape.

It should be her arrested and charged with statutory rape.

I am appalled that the CPS have charged your son and forwarded this to trial.
I am appalled with the CPS prosecutor who it seems has no interest in truth, justice or protecting a minor.
I am appalled with the Judge presiding over this debacle.
I would be appalled with your son's defence team if they have not or will not raise the points I have mentioned during the hearings.

Ask the defence team to look at Archbold 2009, Page 387, 4-54:
"The power to stay proceedings for abuse of process has been said to include a power to safeguard an accused person from oppression or prejudice and has been described as a formidable safeguard, developed by the Common Law to protect persons from being prosecuted in circumstances where it would be seriously unjust to do so".

And:

4-55(b).
"The latter will include cases where the prosecution have manipulated or misused the process of the court so as to deprive the defendant of a protection provided by the law or to take unfair advantage of a technicality..........and where it would be contrary to the public interest in the integrity of the criminal justice system that a trial should take place".

Also your son is still a minor if he is under 18 and as the alleged offence occurred when he was 16, if he is to be tried surely it should be as a minor and not as an adult???

It seems the prosecutions case is; a (virgin?) minor raped a woman twice his age who enticed him into having sex whilst having an affair with a married solicitor!!!
Oh for a jury to hear that!
Once this is over that woman should be charged with statutory rape of a minor
(SOA 2003).
If you want the section let me know and I will post it for you.

This nonsense makes me see red.

My thoughts are with your son and your family.
Shame you don't live in Kent!!

[witsend]

Dear Landlady. I truly hope this nightmare is over for your son and the rest of you before much longer, you will be in my thoughts and prayers on monday

[largactyl1]

Dear Landlady, very best wishes and thoughts for you and your boy on Monday
Jen x

[goldfish]

Hi Landlady

We have just gone through a similar experience with a positive out come. We were given the hope that my husband's case would be thrown out a few weeks ago after the prosecution realised they had to re look at things after information was put to them during the course of the hearings. They even aknowledged the fact that mistakes had been made.

It was a very anxious time for us with a lot of emotional ups and downs so I can appreciate what you, your son and family must feeling now.

Our Advocate was very good and kept us aware what was going on but then again he didn't want to build our hopes up and ultimatly the decision is made by the Crown. I know a lot of discussion goes on behind the scenes about cases that we are not aware of and in the end we have to put our trust in these people who are hopefully good at their job.

I really hope you have a good outcome like we had. I will also be thinking about you all on Monday. Best wishes.

[landlady]

thanks everyone for your kind words,

i believe verity that is what our barrister is going on with the abuse of process. i will let you know what happens.

as for the cps case against him its more complecated, the woman said my son was on top of hr naked when she woke and he is aying they met on the landind with hr suggest they have sex!! and he lied at first so thats whats pushed it this far.

its all such a mess but like others lets hope it all comes out right for my son.

i'l be in touch and thanks again evryone xx

[keri19711keri]

our lives have changed for ever the pain that this is causing is unbearable. he had consensual sex with her at a party, she now claims he raped her! this happened last nov 2009, and he was not arrested until 30th of jan. he has been bailed and rebailed month after month. twice we were told it was all over the first time, they said it was a computor error, the next time a sypathetic sergent told us it had come back from cps with no realistic chance of conviction, since then the police have appealed to cps and now they have charged him.

we do not know this woman but have been told by people that do that she suffers with by polar and is on medication for it, she has been having an affair with a married solicitor with three kids for over three years with sexual relations with young men inbetween! they were both drunk but she is claiming uncapable. she left our pub that night drunk and manhandled out the door by several people, thus these bruisers on her upper arms were supposed to have been caused by my son and not the people that took her home to the house where it is suppoed to have happened!

i refued to serve her any more to drink after 10.30 simply because she was coming onto my friends husband and it annoyed me a little. she asked about my son whilst in the pub, when told how old he was she said do you think that is a little young for me. the police know all this. she then approached me about him telling me how handsome he was, i pointed out his age and she laughed.

the next day after the party she got up and said she had been raped, she then said she felt rough and went back to bed in the same bed she claims the rape had happened. she has told folk that when examined she had a tear inside of her, my son said they had straaight sex with no forplay. the only thing that lets him down is that when arrested he was terrified and told the police he had not ad sex with her, later that day he told me the truth. my son has since gone back with a prepaired statement and told the truth, you can't imagine how much he regrets not doing this at first.

my son has never been in trouble ever before with the police he is shy and caring. he has since tried to commit suiside and cannot live with the fact this womans false accusations could put him in prison. i'v tried our doctor for help but they would not perscribe medication, he is awaiting councilling. this is all out of our depths we are not a criminal family and have never had dealings with the police ever. we need help but no one seems to be able to give it us. as a mother i am devistated my son has been foolish but he is no rapist. i feel i should add that my son was a virgin! this older woman took my sons innocence and ruined his life.

hi there, i have the utmost sympathy for you both. You must stay strong. Its very difficult to bring the womans previous sexual habits to light-as the victim is always protected. Wrong as that maybe. If you can get enough people to make statements about her behaviour,you might be able to use the hearsay evidence. hearsay is stated in the Archbold law book,this is the book the judge abides by. Also study every detail in her statement, she may well of slipped up and contrdicted herself. If it can be proved that bi polar (as we know) can affect a persons behaviour,then that can also be used in court. Good luck. x