Help ... My 14 yr old son has just been charged with sexual assault

[Jeni]

I hope that someone can offer me some much needed guidance, a couple of weeks ago out of the blue 2 police officers came to our house and cautioned my youngest son in connection to an allegation of sexual assault of a local 12 yr old girl in our village.

It seems that 2 months previously they had all been playing in the local park at 4pm in the afternoon. My son, his friend, the girl and two other boys (both her friends) were hanging out and having a laugh... This girl has now said and got her two friends to back her up that my son and his friend made sexual references to her and tried to remove her bra and trousers.

My son said that no way did any of that happen and that yes they were mucking about and he did grab her butt through her jeans which she was giggling and laughing about and that the only other time he touched her was to give her a hug. No long after her older brother came and told her it was dinner time so off she went home.

Police have just came back tonight and officially charged him with the sexual assault of an under 13yr old as the girl says that she told them to stop and is now traumatised by the incident... I asked if he should have legal advise but police officer said that wouldnt be necessary until we find out what the court decides to do !!!

Help please I am terrified and have no idea what the punishment for this offence is or what the implications of such an arrest are. My son has never been in trouble in his life.

[Casehardened]

Hi Jeni,

Firstly sorry that you have to find yourself here, but welcome to the forum.

Without wanting to give you any false hopes, your son's situation would be much worse were he an adult. If you have the patience it might be worth you reading the following website; the section relating to child defendants is about halfway down: (I've just copied one bit)

http://www.cps.gov.uk/legal/s_to_u/s...ing_practice_3

Our overriding concern is to protect children, not to punish them unnecessarily. Where sexual relationships between minors are not abusive, prosecuting either or both children is highly unlikely to be in the public interest. Nor would it be in the best interests of the child...."

Having said this, your son has now been charged, presumably because the girl (or her parents) insisted on this. (is there any dispute between your families which might have precipitated this?)

Unfortunately under 13's cannot be deemed to consent to anything so the normal defence of consensual messing around (which must happen everywhere every day) between children won't apply.

So what to do now; as he has been charged it is probable (unless the girl withdraws the allegation) that he will appear in Youth Court, therefore, despite what the police officer said, you should get legal advice. It is entirely possible that a good solicitor will review the facts and make representations to the CPS to get the charge dropped.

My own opinion is that, if the events happened as you describe (i.e. your son touched her over her clothes) nothing much will happen to him.

On the other hand boys have been known to be economical with the truth to their mums about such things......

[RFLH]

Welcome to the forum Jeani and sorry that you have found yourself here.

By now you will have realised that the police are not on your side and it makes me so angry when they advise you that you won't need a solicitor. You do and sharpish since he has been charged.

You haven't mentioned if he has been questioned? I presume he must have been - who was present at the time - you or his dad or an appropriate adult?

You also need to find out what your sons friend have said - he must have been questioned by the police too as he is a witness.


Get your lad to write down everything he can remember of what happened and who said what, every tiny detail and to hold nothing back. A bit of embarrassment about what was said or done is nothing to what he will face in court if it gets taken any further.

[Rights Fighter]

Police have just came back tonight and officially charged him with the sexual assault of an under 13yr old as the girl says that she told them to stop and is now traumatised by the incident... I asked if he should have legal advise but police officer said that wouldnt be necessary until we find out what the court decides to do !!!

If he has been charged then he must have been interviewed. To be interviewed at his age there would be a requirement for an appropriate adult to be present PLUS a solicitor.

I don't understand this bit

"I asked if he should have legal advise but police officer said that wouldnt be necessary until we find out what the court decides to do"

If he has been charged then the courts will now be involved and he will NEED a solicitor/legal representation as per "the law".

Do you mean he has been arrested - as opposed to charged?

[Casehardened]

a couple of weeks ago out of the blue 2 police officers came to our house and cautioned my youngest son in connection to an allegation of sexual assault of a local 12 yr old girl in our village.

I wonder if Jeni means this was the police caution (Anything you might say etc.) prior to interview; if so it seems like the interview was held in her house. If so, I believe there is not the necessity for the services of a duty solicitor to be offered (though of course there is nothing to stop the interviewee requesting their own solicitor to attend) Also Jeni would be present as the appropriate adult

[Rights Fighter]

I wonder if Jeni means this was the police caution (Anything you might say etc.) prior to interview; if so it seems like the interview was held in her house. If so, I believe there is not the necessity for the services of a duty solicitor to be offered (though of course there is nothing to stop the interviewee requesting their own solicitor to attend) Also Jeni would be present as the appropriate adult

I am sure that is what she meant as "the other type of caution" requires some form of admittance of guilt.

If it's an interview under caution the "suspect" should still have legal representation and an appropriate adult due to his age regardless of where the interview was held.

I believe that if Jeni is a witness for defence (or could be a witness for defence) then she should not be the appropriate adult.

[Casehardened]

If it's an interview under caution the "suspect" should still have legal representation and an appropriate adult due to his age regardless of where the interview was held.

To clarify my previous reply, if the interview is not held at a police station there is no necessity for free legal advice (i.e. duty solicitor) to be offered:

http://www.hse.gov.uk/enforce/enforc...uestioning.htm

29. Suspects who are not interviewed at a police station are not entitled to free legal advice under the ‘duty solicitor’ scheme17. If the witness asks for legal advice, however, an interview may not continue until it has been obtained.

Of course, as RF correctly points out, this is not the same as saying that legal advice is not required

[Rights Fighter]

I think you will find that this relates to adults not minors - it makes no mention of younger people. However it's an interesting one and I will ask the solicitor I work for, for clarification as this will no doubt come up again.

[Amre]

Was he 13 when it happened? Hopefully he gets this sorted asap. Just keep a wee eye on him as he's so young. Something like this could make him quite bitter towards women later in life. Get him some one to see if you can.

[Jeni]

Thank you for all your responses, I am going to get legal advice for him this week, just to clarify now that I have calmed a little the police did come to the house 3 weeks ago and he was interviewed in the house with me and his dad present under caution... they came back on Friday evening to officially arrest him and told him what he was being charged with .. didn't know there was a difference ...

There is no ill will between our families in fact we do not know the family at all and my son only knows her from school as she is in the year below him. He is adamant he did no more than he stated to the police and was quite open to police about what he had done so I believe he is telling the truth. It has already affected him, he hasnt gone out to play with his friends since the police came 3 weeks ago and doesnt want to go out as 'it isnt safe'.

If he continues like this I will see our local gp to see if we can get some councelling or something for him ... but to be honest it doesnt surprise me that he is now wary of going out.