Hello - mother of falsely accused son

[whatsgoingon?]

Normally I would say 'always give a free and frank interview' but in this case it appears he has talked himself into something when he had no idea what he was accused of.

If she had 'forgotten' and 'can't remember' then a no comment interview would have been the way to go as he cannot answer questions about something that the complainant cannot remember.

If he has filled in the blanks then that could give the police carte blanche to go ahead because as far as they are concerned they have a 'confession' and at trial it pivots on word against word.

Am I right in thinking he has not yet been charged?

That's right, he has been charged. When he was arrested, he didn't really know what the hell was going on and was terrified. And yes , he did confess, but to something which he genuinly believed was OK with her, which wasn't sexual intercourse, so to him, he wasn't talking 'crime'. What is amazing is that her word (or lack of) and no forensic evidence is enough for the CPS to consider it at such. Presumably, the jury will be the ones to decide whether she consented or not ?!. As she had so much to drink it, could she be considered to be not in a fit state to give consent? Then what? He was also drunk, does that mean that he becomes responsible for her decisions because he is male ???? I'm afraid I'm baffled, but much more than that deeply saddened and disturbed by the whole thing because I know that he didn't do anything to harm this girl.

[whatsgoingon?]

Did he have a solicitor present during interview? I am rather surprised that if he did, that he was advised/allowed to give such a free account.This would be one of the rare occasions I would have said I would have expected to see a 'no comment' interview.

I also find it a bit surprising, but his present solicitor seems to think that's a good thing because otherwise they would have charged him with rape. I did actually think there needed to be evidence before a charge could be made, but maybe in this legal jungle you don't. This is partly the trouble with being someone who is young, impressionable and has never been in trouble with the law. If you are street-wise you know how the bill operates, what to expect from your legal representative and how to respond.

[Faith]

So what is he charged with?

I agree with Rights Fighter, if the complainant couldn't remember what happened and the accused didn't give over any information, the police would struggle to provide the CPS to have enough evidence to provide a realistic prospect of conviction.

As for whether or not she was too drunk to give consent, it would depend how drunk she was. If she is completely intoxicated to the point where she does not know what is going on, then it could be argued that she was not able to give consent. However, as there is no forensic evidence to prove she was so intoxicated then it would likely just boil down to her word versus his...which is common in these cases.

[RFLH]

And yes , he did confess, but to something which he genuinly believed was OK with her, which wasn't sexual intercourse, so to him, he wasn't talking 'crime'.



If he's signed a confession then its a bit late to do anything - he's already admitted to a crime, whether he's done it or not.

[Rights Fighter]

Did he 'confess' to any crime though? Or is it that he admitted to some sort of sexual action but with her consent? There is a massive difference. It seems to me that he has admitted that something happened and that as far as he is concerned it was consensual. If that is the case, he has not 'confessed' to committing any crime at all.

[Boys don't cry]

He has been charged with sexual assault with penetration if I remember.

I feel sorry for your son but I understand.

You are "invited" to the police station where they can be "gentle" with you.

Because you don't think you did anything wrong,you just talk to them and at the end of the interview they will propose you to sign it.

You do because you have faith and who wouldn't trust a police officer?

Next thing,you end up in Court and still wonder why?

Your son must prepare his defence as much as he can and I hope the right result for him.

Take care both of you.

[Faith]

Well put, BDC.
The police often prey on the naive.

[whatsgoingon?]

Did he 'confess' to any crime though? Or is it that he admitted to some sort of sexual action but with her consent? There is a massive difference. It seems to me that he has admitted that something happened and that as far as he is concerned it was consensual. If that is the case, he has not 'confessed' to committing any crime at all.

He gave his account of what happened. He and the girl and a couple of other people got very drunk, they went back to the other guys' digs. He and the girl kissed , cuddled and touched, he touched her intimately with her consent, but it went no further. He crashed out, then the other guy apparently stepped in. In the morning, my son was on one bed still fully clothed and the girl and the other guy were naked in the other bed. She was shocked to discover that the other guy had had intercourse with her which she could not remember. She then went to the police station to report it. The forensic report shows her to have been very drunk, DNA negative from my son, but sperm from the second guy.
I son didn't admit to a crime, as far as he's concerned he didn't commit one. That's the police or CPS interpretation. The charge is sexual assault with penetration.

[whatsgoingon?]

He has been charged with sexual assault with penetration if I remember.

Take care both of you.

Thanks alot BDC... that's about it. He's a really nice kid , it's hard to imagine that you can be plunged into this sort of situation overnight.

[whatsgoingon?]

[QUOTE=Faith;31310]So what is he charged with?

Sexual assault with penetration.

[Casehardened]

She was shocked to discover that the other guy had had intercourse with her which she could not remember. She then went to the police station to report it. The forensic report shows her to have been very drunk, DNA negative from my son, but sperm from the second guy.

Did she report that the other man had raped her? Is he charged and facing trial as well?

[whatsgoingon?]

Did she report that the other man had raped her? Is he charged and facing trial as well?

Yes he is. He's being charged with rape.

[Casehardened]

Yes he is. He's being charged with rape.

I now understand your distress; your son has been honest and stated he and the girl indulged in what is fairly harmless consensual foreplay.

Very likely, were it not for the subsequent actions of the other guy, the girl would have not gone to the police and he wouldn't be facing this charge.

[whatsgoingon?]

I now understand your distress; your son has been honest and stated he and the girl indulged in what is fairly harmless consensual foreplay.

Very likely, were it not for the subsequent actions of the other guy, the girl would have not gone to the police and he wouldn't be facing this charge.

That's exactly it. Thanks alot for putting it down simply for me. I get so confused and distraught about the whole thing. I still don't really understand why he's being charged at all.

[fighter]

That's exactly it. Thanks alot for putting it down simply for me. I get so confused and distraught about the whole thing. I still don't really understand why he's being charged at all.

Whatsgoingon.. i think several members would have the same line with you.. why? why? why? it seems logic has gone out of the window.. we have reached the trial without our question really being answered except that the there must be something wrong with the system. But I think once you are charged what matters most is fighting and making sure that your son get the positive result.