I need help and advice, friend has been falsley accused

[GreenLeily]

Hi guys.
Basically in July/August 2013 a close friend of mine was accused of rape. He (lets call him Luke) and the girl (lets call her Abi) he was accused of raping were in the same care home. She's 14 and he is 17, one day she told the carers that Luke had raped her a couple of nights ago but on that night he was actually staying at his mums because they were restablishing contact. The care home and his mums are at least 20 miles away from each other and he had no way of getting to the care home as he can't drive and neither can his parents, he didn't have enough money for a taxi and the buses weren't running that late to that town. He says he didn't do it and his mum says he was there with her so couldn't have. Apparently Abi has evidence that Luke had raped her but we don't exactly know what that is or how she would have even got any. Luke is on bail but his bail date has already been moved twice and the next one is on January 20th 2014 but we have a feeling that it will be changed again. He now lives full time with his mum as he moved in with her in August.
Would anyone be able to help by telling me how likely he is to be convicted especially due to the moving of bail dates and if he is convicted, what the sentence is likely be, given his age and that this is a first offence.
I am really worried about this and I just want to know whether things will be alright or not.
Thanks to anyone who can help,
GreenLeily x

[Casehardened]

Hi GL,

Welcome to the forum and well done for supporting your friend; in his position it is great to know that there are friends who believe in you.

To help members to offer relevant advice can you confirm that 'Luke' has not yet been charged with the offence. As he is still on bail, I'm guessing not, and of course in this case there is a long way to go before we need worry about conviction!

To get a general idea of the process have a look at this link:

http://www.daftmoo.org.uk/mooforum/s...at-happens-now

With regard to 'Luke's' specific circumstances as 'Abi' is underage if intercourse has take place, it is by definition rape, consent or not is irrelevant. However the CPS are usually reluctant to prosecute youngsters (and by definition 'Luke' is still a child) if it appears that intercourse was consensual:

http://www.cps.gov.uk/legal/v_to_z/youth_offenders/#a29

Of course if the allegation was only for the one occasion for which he has the alibi you mentioned then it is unlikely to go any further. Did 'Luke' mention this alibi in his police interview?

PS 'Abi's' 'evidence' may simply be her statement to the police rather than any physical proof!

[GreenLeily]

Thanks

Hi CH, thank you for your reply, it's great to have someone help out.
I don't think he has been charged, he was put on bail. I think he might have been put on bail so that they can try and gather evidence against him, which to me indicates that they don't have a strong enough case.

Unfortunately Abi is not saying it was consensual, she is saying he raped her. From what I've heard, even at the age of 14 she is very sexually active, she is a rather large attention seeker and I think I heard that she has tried to pull the same thing before.

Luke and his mother did explain where he was at the time but he was told that because it was his mum the alibi was with, it wasn't a good enough alibi which I actually don't think can happen. An alibi is an alibi, regardless of who he was with.

Thanks for the help, if there is any more information that people need, I would be happy to supply it, anything to help my friend.

Thanks,
GreenLeily x

[lawlessone2009]

Hi CH, thank you for your reply, it's great to have someone help out.
I don't think he has been charged, he was put on bail. I think he might have been put on bail so that they can try and gather evidence against him, which to me indicates that they don't have a strong enough case.

Unfortunately Abi is not saying it was consensual, she is saying he raped her. From what I've heard, even at the age of 14 she is very sexually active, she is a rather large attention seeker and I think I heard that she has tried to pull the same thing before.

She would still be repeatedly (by more than one partner even!) subjecting herself to rape. She CANNOT consent even if she says yes and fully commits herself in whatever way that would be. It could form 'mitigating circumstances' but anyone that had sexual intercourse with her would be guilty of rape.

Luke and his mother did explain where he was at the time but he was told that because it was his mum the alibi was with, it wasn't a good enough alibi which I actually don't think can happen. An alibi is an alibi, regardless of who he was with.

An 'alibi' is an alibi. The Police cannot decide what is a good one and what is a bad one. Generally a jury decides. The Police tend to say things that imply they are the LAW when in reality they are merely little foot soldiers collecting intelligence for their masters (Crown Prosecution Service).

Further to this. Does the care home not have any method of checking who is in and who is out? Surely there must be some form of sign in or out????????? CCTV?

Thanks for the help, if there is any more information that people need, I would be happy to supply it, anything to help my friend.

A further piece of help. The CPS may not prosecute youngsters but they do on occasion make OFFERS. Accepting a 'caution' for instance instead of being prosecuted. Inform your friend that to accept any 'offers' put to him is as good as saying 'I AM GUILTY'.

When he was questioned did he have a solicitor present? Does he have a solicitor now that specialises in sexual offences?

If you can provide evidence that the complainer has made allegations in the past that were false or questionable then that would be good evidence for the defence. Proving she is sexually active does little to thwart an allegation of rape and could be construed as many different things in front of a jury

Thanks,
GreenLeily x

[whatsgoingon?]

Hi and welcome to the forum Well done for supporting your friend. . Do you know if he had a solicitor present? If it goes any further he must have someone experienced and competent in these allegations and preferably in dealing with young people. That is SO important. It's a piece of advice which we failed to act on straight away, as I know others have to their peril. No trouble is too much trouble in proving your innocence (or your friend's in this case).
I think that at 17 he is considered an adult in the eyes of the law

[myhome]

Hi GL - welcome to the forum though sorry you had to find us. "Luke" is very fortunate to have you as a friend to help him. CH and LL1 have given great advice as always - I can't really add any more except maybe to find anyone else who can add to his alibi - did someone travel with him- did the care home staff help him pack to leave etc....keep strong, keep posting and we'll help all we can.... MH

[Rights Fighter]

And did anybody see him at his mum's apart from mum? Did they go out and about where there could be CCTV?

It's early days at the moment but check out the recommended solicitors link to check out who is close to the care home.