my son has been accussed of abusing afriend 10 years ago

[lawlessone2009]

yes i can see how it would be a problem, but we are caught between a rock and a hard place with my son's case! something that I'm sure the prosecution are aware of and why allegations have been made against him, he's an easy target!

And not only an easy target for the false accuser but also the justice system...

I would recommend reading the Stieg Larrson novels. http://en.wikipedia.org/wiki/Stieg_Larsson

Good stories and they do give some insight towards societies wrongful attitudes concerning those that they wish to class as mentally ill.

Your solicitors choice of barrister could be their saving grace. You must find out who they are and quickly.

[anxiousmum]

Well I'm still in shock but wanted to let you know the outcome of the court case last Wednesday Thursday/Friday. The legal team advised me that I would not be a helpful witness or my sons dad as they felt all we would be saying was "mud slinging"?

The first day was taken up with our lagal team asking the prosecution to agree that my son's police interview would not be used in court and that my son did not have to be present for the proceedings. One of the prosecution witnesses did not turn up and the legal teams decided not to issue a warrent for his arrest!! His testament did not back up the all of the "victim's" statement.

The prosecution case consisted of the "victim" and his mother taking the stand, their dates were all wrong, saying that he was having trouble at school and that these things happened before we even moved here, our barrister did not even pick up on this, they made out that my son was a thug because he did martial arts!

I had told the barrister that although there is a 4 year age gap my son was always much less street wise and vulnerable and nieve and easily led by this boy, he didn't do anything with this. The alledged victim had a woman with him because he has dislexia and dispraxia, this was news to me! He did a circus skills course when he left school and used to call for my son regularly to show him his flips and juggling. I had seen the report about these learning difficulties and there had not been any tests or assesments but his word taken about how he found it hard to remember dates and process information! Therefore whenever he was questioned by our barrister she intervened, the prosecuting barrister mede a big thing about his serious learning difficulties!

The only defence was my mum as a witness to overhearing the "victim" talking to friends about getting "loads of compensation". The police officer was asked if he had made an application which of course he had not, yet!

That was it! That and the fact that he had changed his statement from attempted rape in the first instance to rape in his next statement to the police! He said he had forgotten about it!!

The judge summed up which was all the witness statements on the stand and his mother's, little about the defence! As there was little defence there was not much to say but it did seem very weighted in favour of the prosecution.

The jury was asked to decide if these allegations had happened or not guilty, they came back after 4 hours on Friday morning with had happened on 11 counts of indecent assult but could not agree on the rape charge, they were asked to come back with a 10-12 agreement which they did about 20 mins later, that it had happened.

The judge then told them they may be dissapointed to hear that he could not sentence my son to prison (due to his mental health) but they should be pleased to hear that he had to sign the sex offenders register!!

It did seem to me that everyone wanted to get home early, being a friday!

We now have to get psychiatric reports to decide on either, a complete discharge, a supervision order or a treatment order. There is 6 weeks to get this now.

Do you think we should appeal and use a different defence team? I know you told me so!

[Rights Fighter]

The first thing you have to do is to get the written "Advice on Appeal" from the barrister via the solicitor.

You then need to change representation as it looks as though the current sol/barrister will have to be criticised. That is a very difficult route to go down but it can be done with the right arguments.

If you would like to contact me personally for further advice please say so and I'll add you to my list of contacts on here so you can PM me.

[RFLH]

thanks RF and you beat me to it Faith!

[anxiousmum]

That would be great if I could PM you, it all seems to have happened in a blur. I kept expecting the barrister to do something, he never did and then it was all over, it all seemed to be against my son, he didn't stand a chance!

[Rights Fighter]

Done.

Put your email address in your PM to me and if you would like me to call you let me have your landline number and a choice of convenient times to call. Preferably daytime!

[Saffron]

Sorry to hear this Anxiousmum.
With regards to the dyspraxia - my understanding is that Dyspraxia is basically a chronic lack of physical co-ordination, so how on earth could the complainant have undertaken a Circus-skills course???
It sounds like you may have grounds for appeal. Please trust Rights Fighter. She will be better placed to advise than I am.
HUGS

[Rights Fighter]

We are in touch and are discussing an appeal already. Just waiting for solicitor Chris to receive the funding forms and for me to get hold of some of the paperwork.

[Saffron]

Excellent, thanks RF. I hope you can work your magic.

[Rights Fighter]

No magic wands I'm afraid but will do what I can. I've been watching this sorry tale for some time. At least mum is within driving distance so we can discuss the case once I have seen some of the paperwork.