On bail, what next?

[Nomad]

First reluctant post: Thanks in advance.

My son had been bailed following being accused of 2nd degree rape? (I think that is the right term??)

He has to return in 6 weeks to the police station. What can/will happen if he is charged please?

Will they charge so soon?

Will they immediately lock him up if charged awaiting trial? Or release pending trial?

Best to plea bargain?

The (DUTY) solicitor has suggested due to his up standing job, non criminal background and honesty in the nights occurrences (he insists it was consensual) in initial interviews he will be looking at worst 12 months suspended? That just doesn't ring true for such a serious offence??

[LS]

My son had been bailed following being accused of 2nd degree rape? (I think that is the right term??)

Statutory rape?

He has to return in 6 weeks to the police station. What can/will happen if he is charged please?

Either held or bailed to appear at magistrates court the next day, where bail and conditions can be set. Formal arrangements made to progress towards crown court.

Will they charge so soon?

Unlikely. The decision to charge can often take months. Anything from a week to a year.

Will they immediately lock him up if charged awaiting trial? Or release pending trial?

Who knows. With a good background, remand is unlikely and he should be bailed.

Best to plea bargain?

You mean plead guilty when he's not guilty? Not a good choice.

The (DUTY) solicitor has suggested due to his up standing job, non criminal background and honesty in the nights occurrences (he insists it was consensual) in initial interviews he will be looking at worst 12 months suspended? That just doesn't ring true for such a serious offence??

Agree, that seems very short.

[Nomad]

Thanks for the reply, it had already enlightened me a little.

Statutory rape?

I'm not to clued up on terms and don't want to be crass on the forum. Brief background: He was accused of penetration with fingers whilst girl slept, following consensual activity (not full intercourse) she claims no memory of either, woke up next to him with little on, but felt "something" had happened and certain things were said and caught on a video phone (10 mins) which make him look bad and totally changes the context of there encounter (3 hours or more)?? He states he didn't think she was asleep at all and they had already done everything bar sex to this point to. Following when the video was taken, he woke up to her playing with him, but rolled over as was drunk/tired!? She apparently remembers everything crystal clear up to the point they went to bed, rather convenient! So is that classed as Statutory rape?

Either held or bailed to appear at magistrates court the next day, where bail and conditions can be set. Formal arrangements made to progress towards crown court.

So "if" charged in 6 weeks he doesn't need show up at the police station with toothpaste, soap etc. He will have another process to go through?

Unlikely. The decision to charge can often take months. Anything from a week to a year.

I presume all evidence being collected can take some time? I presume his solicitor will have advance warning/awareness of him being charged/released without charge?

Who knows. With a good background, remand is unlikely and he should be bailed.

That is some kind of relief, but as you say not gtd, what are the usual reasons to remand someone?

You mean plead guilty when he's not guilty? Not a good choice.

The video evidence sounds unsettling despite his version of events, so IF it looks likely for a conviction, would a plea to a lesser charge be an option? Is this generally successful or do they see this as a sign of weakness??

Agree, that seems very short.

I thought so! He doesn't seem confident in his duty solicitor tbh, who was a little to laid back and not as helpful as he imagined.


Following the above:

What would be a standard sentence in this sort of case?

What if the girl drops the case, would/could police still prosecute him?

Should we get specialist solicitors involved asap, rather than bumble along with a duty?

Such a sorry situation for us all, he's took it so hard! The gossip, the doubt etc. I worry he may do something stupid tbh.

[LS]

Statutory rape is generally the term for consensual sex where one party is underage.
In the absence of details I was querying "Second Degree" as that sounds like a US term.
However even digital penetration is classed as rape here, although the sentence may be reduced.

If he's charged, the procedure would be he would be arrested or asked to attend the police station, where the charge would be submitted and he would be formally detained until a hearing at a magistrates the next day.
Magistrates would then decide if he should be remanded or stay on bail. Having a job, family, ties etc would help him get bail. Being a risk of doing a runner, out of work, transient, or the charge very serious is what would see him remanded.

I would never advise anyone to plea bargain, ie plead guilty if they are not so. You have no guarantee the sentence will be much, if any shorter, and on top of that he will be kicking himself for evermore for not being honest.

A specialist sol would be advisable.
If the girl drops the case, the cps could still proceed, I believe, though I could be wrong.
There are more knowledgeable people that could answer your questions better - and they'll no doubt chime in in due course - but I didn't want you hanging on thinking no one's reading.

[Casehardened]

[QUOTE=Nomad;19065]

What would be a standard sentence in this sort of case?

/QUOTE]

I can't really add anthing to LS's excellent responses except to say that that the age of the participants is a factor in how seriously the allegation will be treated, i.e. if both were under 16 it is unlikely to go to court unless the boy was a repeat offender.

If the girl was under 16 and the boy just over, as LS has mentioned this is classed as statuary rape (but google 'young man's defence'); the greater the age difference the more cupability will be attached to the boy/man.

If both are over 16 then this will be treated as a 'normal' case, but in all events, if your son and the girl have been in a long boy/girlfriend relationship, rather than a one-nighter, this will be in his favour.

[Nomad]

Again thanks for the replys:

He's 32 she's 19, it appears he has two male witnesses 29 and 21 that were also involved and this girl was basically involved in a group situation with them, playing games before hand and wanting to take it further, yet due to the banter and playfulness of the situation it never reached full intercourse, even though she encouraged it with two of them and seemed to think they didn't "fancy" her because they didn't want to, but they simply didn't want to to take it that far in front of each other. Yet apparently as said before, she has no memory of the incident just a clear memory of earlier! The lads stories match his just about to the letter as to what occurred before and after the video. Apparently she looks asleep or half asleep on the video!? My son and his acquaintances have no recollection of a video being taken? He hadn't met the girl before but the two others knew her. Although she asked one of them for a lift home in the morning, which they refused due to being tired/drunk and offered her a cab!

As for my sons obviously low mood what are the best help groups for him? His mental state is troubling me, he's totally withdrawn and his mum and I are worried!?

This forum has been such a help reading through various posts. Although seeing the police are not your friends being repeated worries me, due to how honest my son was in describing the events and how they could be twisted by the authorities to secure some kind of conviction?

[blowngasket]

hi nomad
i can only give you the advice given to me by the good people on here
its a terrible sitution you are in and lots of whys ifs and buts. the legal process takes a long time to turn the wheels. your son has not been charged and may not be for sometime or not at all in the mean time look for a good solicitor now just incase so you are prepared try to be strong for your son if interveiwed answer the questions has honestly has he can but DONT elabarate on the answers where possible answer a simple yes or no has things can be twisted to suit the police case
hope this helps there are good people on here take there advice i have and feel much better even though my case is still going on

[Casehardened]

Double posting.....

[Casehardened]

My son and his acquaintances have no recollection of a video being taken?

Interesting; If your son and his friends didn't take the video then it had to either be the girl (the only other person present) or the phone was previously set up to record the proceedings, which begs the question why? (especially if the video seems to confirm her story)

Hmmm....