Any advice would be great

[Jan63]

Hi everyone so glad I have found you

3 weeks ago I was knocked out ov bed by a police officer asking for some clothes for my son .. I thought he had been fighting .. The officer tret me so bad I asked if my son had murdered someone .. As the day went on it got bk to me that my son was being held for rape .. Eventually he was charged at 2.30 am on a threshold charge .. Which is the victims word over his .. Courts bailed him but he was recalled to prison because of his licence conditions..

This is where it gets complicated ... The girl had turned up at a party where she was told not to she was drunk when she got there and proceeded to drink a bottle ov vodka whilst there she says in her statement she had 4 small vodka drinks from entering the party she made all attempts to attract my sons attention everyone has told me he wasn't interested eventually they all went to town and he did end up with her ...

Her statement or summary states they went back to her house and had consensual sex in 4/5 positions each time she sed they changed position cos it hurt her she then sed my son became angry and flipped her onto her back and proceeded to penetrate she started crying he asks her why she is crying he then stops ... My sons account is he got into her bed why she went to put on seXy underwear and fell asleep he denies he had any sex with her at all ..

The timeline for what she is saying happened is very very tight .. The officers who arrested him their accounts differ so much they could of been in different houses and one does admit punching him on the top of the head .. My son says he didn't even know this but did have a lump at the back of his head .... We are awaiting the DNA .. His g/f was raped off 2 men why they were together we are not sure, if at all , this girls motive her summery sounds very much for the book 50 shades ov grey..

Is it possible for her to of penetrated her self with him .. Is it possible she won't know procedure and the extent they. Heck for DNA the whole of the estate where we live us 100% behind him and as much as rape is wrong a lot of people have said that it just so happened my son is the one she done it to .. She is very sexually active .. Certainly has a name for herself .. I'm thinking her motive maybe to get him out of her house before her B/F comes round but I suppose like most on here there are a million and 1 questions swirling round my head ...

[Faith]

Hi there

Sorry to hear of your ordeal.

You say that your son has been charged. Can I ask are you in Scotland or England?

What were the previous offences which he was on license for?

You say her statement says they had consensual sex and he then stopped when she started crying

Is she saying that he didn't stop straight away or that she made it obvious in some other way that she didn't want the sex to continue?

[Jan63]

I'm in England and my sons offence was he was at work where there was an accident and fatalities .. Previous to this he has no other convictions

[Jan63]

Yes she says they had consensual he says he didn't have any she says they got undressed in the bathroom his clothes or at least his jumper was found in the bedroom she agreed to have sex with him in her bed she asked him to stop numerous times which he did to try a different position she then goes on to say she started cryin he asks her wy she is crying she sed it hurts so he stopped .... My son says no sexual activity of any kind happened

[Boys don't cry]

She says they had consensual he says he didn't have any ...she asked him to stop numerous times which he did to try a different position My son says no sexual activity of any kind happened

Hello Jan63 and welcome to the forum.

Previously you wrote that this girl felt asleep and that they didn't have sex.
Or that maybe ,she could have"used"him to have a sexual intercourse which is not impossible

I am a little bit confused with the part of the sentence in bold as well:
"He did to try a different position"

Do you exactly mean that he tried to have a relation with this girl?

Hopefully the DNA will clear him of this accusation.

[Jan63]

Hello Jan63 and welcome to the forum.

Previously you wrote that this girl felt asleep and that they didn't have sex.
Or that maybe ,she could have"used"him to have a sexual intercourse which is not impossible

I am a little bit confused with the part of the sentence in bold as well:
"He did to try a different position"

Do you exactly mean that he tried to have a relation with this girl?

Hopefully the DNA will clear him of this accusation.

No he says he went to sleep and they didn't have sex at all and as I'm not a male and I've not ever been in this kind of position before I wasn't sure if it was possible for a male to be aroused by a female whilst sleeping and she could of inserted his penis into herself I know that's extreme but I have so many questions

[Faith]

Physically that is possible, a man does not have to be awake or even aroused to have an erection so it isnt impossible for a female to engineer this situation.

I'd imagine he'd have to be in a fairly deep sleep/drunken stupor to sleep through the entire thing though...again not impossible.

[Boys don't cry]

I'd imagine he'd have to be in a fairly deep sleep/drunken stupor to sleep through the entire thing though...again not impossible.

And to try for a different position while sleeping...again not impossible.

[Rights Fighter]

The changing of positions is the complainant's version - not the suspects.

He says nothing happened.

She says it did and indifferent positions and then he got fed up she says and put her on her back and did the deed anyway.

I don't read that he is admitting to doing anything at all let alone trying different positions. His case is nothing happened at all.

I have heard of some cases where the complainant has engineered the situation so she has his DNA in her or hers on him. This reminds me of the case that was widely publicised a few years back where a woman had stalked a guy who turned her down. She searched his dustbins and found used condoms (he had a partner) so she put the contents of the condom into her own private parts. As I recall that went to trial and I think (not sure) that there was CCTV of her going through his bins..... The case was later dramatised on TV.

[Boys don't cry]

Thank you for clarifying my misconception RF.

I suppose a man wouldn't even need an erection to be accused of rape
if the woman wanted to find a way to accuse him.

[Rights Fighter]

There are many ways DNA can be transferred especially if the def is pissed or in a deep sleep.

[IvorBinWronged]

The way things are...

I have heard of some cases where the complainant has engineered the situation so she has his DNA in her or hers on him. This reminds me of the case that was widely publicised a few years back where a woman had stalked a guy who turned her down. She searched his dustbins and found used condoms (he had a partner) so she put the contents of the condom into her own private parts. As I recall that went to trial and I think (not sure) that there was CCTV of her going through his bins..... The case was later dramatised on TV.

I would not be surprised if she was let off for the false rape allegation and prosecuted for handling waste without a license.

On the subject that this thread is about, if your son said that no sex took place, then that is a massive leap from him having sex and having to prove that it was consensual. That means she has to make up and stick to quiet a complex lie. I would imagine that there will be a fair few holes in her story. Undoubtedly, there will be a swab of your son to be considered too. Let us hope that this strengthens your position and that she didn't have a chance to "engineer" a false positive.

Good luck.

[Saffron]

That's a great post IBW.
Let's hope that she didn't have the chance to "plant" anything.