son wrongly accused of rape

[Boys don't cry]

Hello Indespair and welcome to the forum.

I feel sorry for your son and yourself but the priorites are:

He must try to stop self-harming.
He must change his phone number.

RF was right when she wrote that the police might keep him for his own safety.
I believe that each time he has already been released the police asked him if he felt like doing so...
and your son must have signed these statements.

It is for his own good to stop doing this,for his health and for the police to believe him in the future.

Keep faith.

[indispair]

The ban on social networks was because that was how he initially met her. Police aren't interested in anything my son has to say they don't even investigate any of the breaches of bail. Scottish law sucks and thanks to feminists all the power in these cases are given to the woman which is fine if the woman was telling the truth. The law needs to be looked at again and if someone is accused of breach of bail the police should investigate prior to making the person appear in court. My son has never been in any trouble with police and as his lawyer keeps saying to the court this is an obvious witch hunt. I just can't believe the justice system. As for self harming that pain he inflicts on himself is what helps him cope. He did say if the locked him up he would stop eating. These false accusers don't realise that not only do they destroy the person they have accused but also that persons family it kills me to watch my son go through this and I am powerless to do anything.

[Casehardened]

Sorry to hear of your problems and on what you have told us it does seem grossly unfair.

Of course, in Scotland as in England, there is a complaints procedure against the police:

http://www.scotland.gov.uk/Publicati.../05/14724/4407

as well as against the PF:

http://www.copfs.gov.uk/sites/defaul...sion%20_2_.pdf

The difficulty is in deciding who is at fault in your case and maybe you need to discuss this with your solicitor who will be better acquainted with Scottish Law procedures. Alternatively you could write to your Chief Constable or MSP detailing what you have told us.

With any of these procedures it is important that your son is shown to be whiter than white as the immediate response from the justice system will be to investigate the alleged breaches of bail thoroughly.

For instance you mentioned changing his bail address but does he actually live there full time or does he come back home daytimes?

Changing phone numbers won't help we changed his bail address out of the town but she still phones police to say he was in her street he has someone with him 24/7

Potential phone contact should be easy enough to deal with as landlines can be programmed to block particular numbers or set up Caller Line Identification to screen out unknown numbers. Mobiles automatically display the originators number so if he gets a unknown number calling him he shouldn't answer at all.

If he actually answers the call, even if he then doesn't speak and immediately puts the phone down, this will count as contact.

The social network issue is more tricky as most mobiles now can access the internet so even if he has no PC it can be argued that he still has access to the web, though obviously the phone can be forensically examined to determine whether this has actually taken place. Would he accept you 'confiscating' his phone until the matter is sorted?

It does seem unfair that your son has to accept all these restrictions on his life but, as you say, in these matters the accuser has the upper hand, and maybe it is better to knuckle down to the petty restrictions rather than suffer the more serious loss of his freedom.

[erin]

If it was my son and he sliced his arm with a knife I would take him to a treatment facility where he can get well for a few weeks another mother was on here and he son commited suicide Im not saying your son will do that but he sounds like he is very very very depressed. I was accused 2 years ago still waiting for my trial and every day my energy is just zapped there is not much peace living with a false accusation........................................ ..........Also it sounds like the girl is a psychopath out to destroy his life another reason anyways I wish him well I hope he will be ok

[indispair]

My son has done everything to make sure he keeps to his bail conditions his phone is now an old style one with no internet access he has someone with him 24/7 but still she just has to phone police and tell lies and he is lifted. He is now on remand for seven days but if they make it longer he will not be on this planet for long doc has him on meds but there is only so much one person can take as for cutting himself he was taken to a and e my two daughters have been outstanding in how they have supported their brother as I work in England as for changing bail address he is staying there he doesn't like coming any where near his home town. How does someone come back from something like this.

[Izzy]

As you have proof he didn't break bail conditions previously maybe the police complaints would be the way to go?
Normally I wouldn't do that while an investigation was on going but I can't really see another way. The PF are going to act on the information they get from the police which you know is wrong.
It's good he has his sisters supporting him but I would try and get him some help with the cutting a.s.a.p. Where he is just now - do they know he's struggling?

[Faith]

If it was my son and he sliced his arm with a knife I would take him to a treatment facility where he can get well for a few weeks another mother was on here and he son commited suicide Im not saying your son will do that but he sounds like he is very very very depressed. I was accused 2 years ago still waiting for my trial and every day my energy is just zapped there is not much peace living with a false accusation........................................ ..........Also it sounds like the girl is a psychopath out to destroy his life another reason anyways I wish him well I hope he will be ok

Let's try and avoid scare-mongering, please.
FOr self harm, I do think it would be sensible for the OP's son to see a GP, yes. I can't imagine treatment facilities for self harm are like walk in centres...youd need to be referred or pay privately and, while self harm is always serious, lets not get the OP terrified that something awful is going to happen. Self harm is sadly common and often a coping mechanism/cry for help, rather than an attempt at suicide.

Certainly shouldn't be left however, I would suggest contacting his GP as he is clearly very anxious and depressed. Someone above mentioned the Samaritans too...another good suggestion.

[RFLH]

I had help from the local Crisis team - do they have them in Scotland? When you are really low they visit every day, they would also act as proof of where your son is at that time.

Would this organisation be of help to you?

http://www.wellscotland.info/guidanc...ing/index.aspx

[indispair]

Visited my son yesterday and it was awful he is on the medical wing at jail due to needing to be watched it has left me heart broken to see him in that place they aren't even giving him all the meds he was prescribed by his gp. Been looking up stuff under section 6.2 of the European convention on human rights a person is innocent till proven guilty so I would say his human rights are being breached as the are treating him as guilty till he can prove he is innocent

[So angry and hurt]

So hurt and angry

This sounds absolutely unbelievable, surely somebody can help this poor boy? Why is he being treated so badly? I am truly so sorry for you and your son it must be unbearable for you. Can you see him often is he just on remand or in jail because they think he broke bail? I hope she says he has broken bail while he is in jail! Then they might believe him. Please tell him there will be a lot of people in very similar situations here and we will all be sending him our thoughts and prayers,

[indispair]

My son is on remand and I am not able to see him very often as I work in England I have arranged for family members to visit him every day. As for her phoning while he is on remand she won't because she gets informed every time he is released. I will be phoning my sons lawyer tomorrow as under the European convention on human rights it is innocent till proven guilty. My daughter and baby grandson visited him yesterday but it upset him too much and he told my daughter not to take him back it was too upsetting to see his nephew who he adores. My oldest daughter is going to see him today and I just know it will break her heart. How can the justice system be so cruel.

[RFLH]

could you ask the Prison Chaplain to go and see him? You don't have to be religious and its someone on the inside who he can talk to when he needs to.

[whatsgoingon?]

I'm so sorry to hear the awful situation your son, yourself and your family are in. Have you considered getting in touch with MIND? They are a (the?) leading charity for mental health issues and have a competent legal department. Below is the link to their advice lines ( the details of their legal dept is half way down). They can certainly give you free confidential advice and someone may be able to visit your son. All the very best to you both - keeping you in my thoughts and prayers. I'm sure you could do with one of these

http://www.mind.org.uk/help/advice_lines

[Rights Fighter]

My son is on remand and I am not able to see him very often as I work in England I have arranged for family members to visit him every day. As for her phoning while he is on remand she won't because she gets informed every time he is released. I will be phoning my sons lawyer tomorrow as under the European convention on human rights it is innocent till proven guilty. My daughter and baby grandson visited him yesterday but it upset him too much and he told my daughter not to take him back it was too upsetting to see his nephew who he adores. My oldest daughter is going to see him today and I just know it will break her heart. How can the justice system be so cruel.

Don't get your hopes up. it's rare arguments under the Human Rights Act succeed when people are in prison, especially on the grounds that they are not providing medication. That would not invoke 'innocent until proven guilty' in any event.

Ask the MP in the area where the prison is to make enquiries of the prison Governor as to why your lad is not being given prescribed medication - and your fears.

While you are waiting to see the MP, you could write to the prison Governor yourself, in a calm balance manner, explaining the problem (do no use the HRA without knowing how to word the argument as that will only piss them off) and say you fear for your son's health, he is not being given his medication and that if anything happens to him while in prison, unfortunately you will have no choice but to hold HMPS and that particular prison responsible. Mention that you have or will be approaching your MP too.

Make sure the letter is polite, not ranty, makes no demands but sets out the facts as they are. It is not the prison Governor's fault you lad is inside so it's pointless having a pop at him (or her).

RFLH is right in relation to the prison chaplain. These guys can be absolutely brilliant in crisis and the inmate does not have to attend the chapel in order to receive help from them.

[Izzy]

I'm sorry things aren't any better but I think you have been given really good advice. I can understand your anger and the Human Rights Act but I think that would be a long term fight and you would be better off trying to get help for him just now.

Just a thought but you said you work in England, would it be possible to take him to live with you after the seven days are up - I don't know how that would work or how easy it would be to get your Bail address changed. I just think it would be good to get him right away from the situation he is in. Maybe one of the other members or your Solicitor will know if that's possible or not.