Question

[Innocentguy1983]

Hi guys

I'm doing ok. Keeping my head up... It's hard though

As i said before i am being accused of abusing my sisters friend in 1994 when I was 11 and then raping her 5 years later when i was 16.

Now, firstly I never saw my sisters friend really from 13/14 onwards.. I have witnesses to verify..

I did admit to the police we experimented when I was 11.. But she instigated it..

I'll get to my point now...

Because the allegation happened in 1994 would the dolci incapax apply for 10-14 because it wasn't changed until 1998. Or because I have been arrested now will they take today's law at it being 10?

Thanks guys!

[Casehardened]

This query has come up before so will repost my previous reply to another member in a similar position; but please do confirm this with a solicitor as unfortunately the links no longer work.


I'd never heard of the term 'doli incapax' so did some googling: this proposal sounds promising (but don't know if it was actually implemented)

http://www.nationalarchives.gov.uk/E...d/jou/tyc3.htm

Part 4: Implementation

124. The proposal to abolish the presumption of doli incapax will be implemented so as to ensure that it does not apply retrospectively - only acts committed after the date when the abolition comes into force will be caught by it.


This next Appeal Court case sounds a bit similar to what your friend is facing; to be honest I didn't read through it all but it does confirm the 1998 Act does not apply retrospectively and the appeal was allowed!


http://www.courtsni.gov.uk/NR/rdonly...G7868Final.htm

It might be worth quoting this case to his OIC to avoid the matter going any further (or ask his solicitor to)

[Innocentguy1983]

Thanks for the reply!

It sounds like I should tell the oic this. Though shouldn't he already know?

I haven't got a solicitor yet, I haven't been charged yet.. And I'm still looking for the right one.

They shouldn't get funny with me telling them this?

[myhome]

It sounds like I should tell the oic this.

General advice is not to give the OIC anything ever, but especially as you don't have a solicitor yet. (Have a look at replies to a similar question posted by sddened to-day).Did you have one with you when you were interrogated?

I haven't got a solicitor yet, I haven't been charged yet.. And I'm still looking for the right one.

Have a lok at the specialist solicitors thread - as your allegation is historical - you need a solicitor who speciallises in historical abuse cases as they - the cases - are different to current ones

They shouldn't get funny with me telling them this?

Again - don't tell them anything - they are not there to find out who is innocent - you or the FA - they are there to try to get a conviction because they have conviction targets to make and it'l make them look good!!!!!!!!!!!!!!!

[Innocentguy1983]

Thanks for the advice! ........I was very close to giving them a call...

I didn't have a solicitor when I was interviewed, I didn't think I needed one.. but I know now I should of had one..

Anyway, every solicitor I have spoken to, even the historical specialists.. said they cant do much until I'm charged.

The reason I was going to inform the OIC of the dolci incapax, as this should add weight to not take my case further, as I was under the age of criminal responsibility being 11-12

I don't want to particularly want to go to trial if I don't have to..

[myhome]

Anyway, every solicitor I have spoken to, even the historical specialists.. said they cant do much until I'm charged.

This true but I think you would feel a bit more secure if you had one at the ready. IF you are charged, it will probably be a bit of a shock and trying to think clearly then and find a good sol/barrister will probably be much harder for you.

The reason I was going to inform the OIC of the dolci incapax, as this should add weight to not take my case further, as I was under the age of criminal responsibility being 11-12

I don't want to particularly want to go to trial if I don't have to..

I can understand that completely. I too have info which could stop my case going any further (7 months on and not been arrested even) but all advice I've had here, another forum and from a friend who is a Criminal Defence Solicitor is that if you hold any trump cards, you have to be very careful when you play them for maximum impact. Sadly I've been told the best time for mine would be if I went to trial; next would be if I'm charged and it could stop it going to a trial and the worst time would be now because plod would go back to FA with my info (thanks RF) and she would change her story to fit what I gave them - which is quite acceptable for her to do unbelievably!!!!

However - as yours is a point of law - this might not be the same for you so my advice would be to ask a solicitor's advice. Many sols will do a free first half hour consultation in the hope of getting work from it - but as long as you choose a sol who specialises in criminal law and preferably cases like yours, it shouldn't cost you anything to find out............good luck................

[Casehardened]

Hi Innocentguy & Myhome,

(been away from computer all day)

I quoted my entire original reply which included the bit about mentioning doli incapax to the OIC.

This may have been good advice at the time or it may not, unfortunately that member's last posting on the forum was a month or so afterwards so we don't know the outcome (he said he was seeking advice on behalf of his friend)

However this was a couple of years ago and the goalposts have changed considerably in that time so I am now inclined to agree with Myhome and keep any defence close to my chest.

After all the CPS should know the law about doli incapax and not charge sexual assault in this instance.

[myhome]

Hi I quoted my entire original reply which included the bit about mentioning doli incapax to the OIC.

Hi CH - sorry - was scan reading previous posts as I was snatching some time at lunchtime at work and missed that bit

[Casehardened]

Hi CH - sorry - was scan reading previous posts as I was snatching some time at lunchtime at work and missed that bit

Glad you spotted it; I was about to leave this morning so had just cut 'n pasted my original reply without thinking, but it does show how the tone of 'investigations' has changed recently (thinking about saddened's post today, unbelievable!)

[Innocentguy1983]

Hi guys

Thanks for the excellent advice, I spoke with Gerry today an he seems like a really clue'd on guy. He advised I say nothing for the moment. Just wait to see what the cps come back with.

The doli incapax will be a strong defense, so ill use it when I need it!

At the end of the day all they have is her word and they have no other proof..

I believe that justice will prevail!