Helping my 14 year deal with a false accusation of rape

[DeamonsRun]

Thank You for your comment, and yes I do try my best, but sometimes I cant help it going through my mind.
I can still see the whole event in my mind in every little detail.
I think it is wrong that when a girl accuses a man of Rape they get all the help and support in the world given to them, but if a man is found innocent of these allegations all he gets, oh well your innocent and tossed out with no support from the state and left to suffer from effects of what has happened to Him...
The sad fact of today is that 3 in every 5 Rape allegations are false and the girls behind these false allegations only receive a slap on the wrist in (Don't do it again)...
I believe and support that If a Girl is found to be making false allegations of Rape, that she will then become subject to the same laws if a man was found guilty of the crime she has accused him of...
This would include a prison sentence of at least 2 years without parole.
A fine for wasting police time and false testimony
And paying compensation and legal fees of the Man she has wrongfully accused.
With this would also in cure a restraining order against Her and her Family from approaching the man or going near his home.
A criminal record for life, so if she applies for a job where they have to do a background check it will show up, just as if it were a man convicted of the crime.
With this as a Law I believe that cases where men are being falsely accused will drop dramatically or even better STOP completely.

If all goes well I will sone be pertitioning Government to change the Law and make allegations like these a thing of the past.

[tiger mum]

My son's solicitor has just called, he has chased the police for an update and there is no DNA evidence at first or second stage tests. The police spoke to the witnesses at the party within weeks of the occurrence, but she now is going to re interview them using video. Is this a bad sign? I know what some of the kids have already said, I feel the police are digging around for stuff to use against my son in the absence of anything concrete. Why are they taking the lies of a silly girl seriously and ignoring what other kids are telling them - its all made up! Could they be gathering evidence to use against the girl? - I did report a "false allegation of rape" against the accuser before her mother rang in the rape allegation against my son. I've followed this up and the same officer is leading both investigations. Why aren't the police out there hunting proper rapists and child abusers? They have facebook evidence the girl is making this up! The other kids have told them nothing happened in informal interviews - her friends support my son and say she is crackers. Why waste all this resource and cause so much worry on the word of one child? It's a crazy world.

[lawlessone2009]

DNA is SUPER important if it's recent. The longer the passage of time the more the significance fades.

They may well 'subtly' put it to her that your boys DNA was not found and then gauge her reaction.

Did you not say that the DNA was taken 5 days afterwards?

A normal course of action would be to go for the easiest form of evidence first, a form that a jury will almost certainly be guaranteed to accept. Your boy appears to be in a position where he is saying that sex did not take place so his DNA being present would change the dynamics of the investigation. Even if he hasn't denied having sex during the interview the Police will assume his position is one of denial because, generally, if sex had taken place then he would've been inclined to say so and then state it was consensual.

Lack of DNA being present makes it all a little more difficult for a prosecution. The reliance will shift to unreliable sources such as witnesses etc. This is a minefield and great caution needs to be taken when carrying out interviews as it is so easy for people to slip in between facts and hearsay. I would say that it is extremely positive that the Police are pursuing video interviews, they are taking everything seriously which, in my opinion, means they either have grave doubts about guilt or, at this stage, no evidence.

[tiger mum]

I'm a bit confused. Swabs were taken from her on Wednesday after the party on the previous Friday. Do you mean that the fact these tests were so long after the "event" mean that the police will say - "well not having any evidence doesn't mean he's not guilty because it was so long afterwards that her mum found out the rape rumour she was telling people - then rang the police? Also why is the fact they are now retracing their steps and getting the kids to do video evidence a good thing? When they first spoke to the kids they said "if we needed you to would you give video evidence?". Why do they now need to? You would have thought this is the stage to drop it as there is no chance of prosecuting. Do you think the kids have told the police something which points the finger at my son? The solicitor seemed to think the lack of DNA was a good thing - but I was expecting this and thought at this stage they may drop the investigation. No such luck

[lawlessone2009]

I'm a bit confused. Swabs were taken from her on Wednesday after the party on the previous Friday. Do you mean that the fact these tests were so long after the "event" mean that the police will say - "well not having any evidence doesn't mean he's not guilty because it was so long afterwards that her mum found out the rape rumour she was telling people - then rang the police? Also why is the fact they are now retracing their steps and getting the kids to do video evidence a good thing? When they first spoke to the kids they said "if we needed you to would you give video evidence?". Why do they now need to? You would have thought this is the stage to drop it as there is no chance of prosecuting. Do you think the kids have told the police something which points the finger at my son? The solicitor seemed to think the lack of DNA was a good thing - but I was expecting this and thought at this stage they may drop the investigation. No such luck

They'll need video evidence as they don't have any other evidence. The case is clearly, at the moment, too weak to meet the 'realistic prospect of conviction' milestone. Even carrying out plenty of video interviews does not mean that that status will change. It could also be that they want to gather evidence against the girl or test out some theories with willing interviewees. When people are willing to be interviewed they will just about answer anything that you want them too, it takes their guard down. The Police may be trying to suss out the entire situation as they simply don't know what to believe.

It's all good because it means they are actually investigating. Generally when they finish investigating it means they have enough evidence to charge or they believe there is no more evidence to be found. It can be nail biting attempting to figure out what it all means but take it that they are investigating which is a good thing as it means they are looking at it all and have not made up their minds.

As for DNA. If it's taken immediately afterwards then it is reasonably conclusive even if they like to call a negative result 'inconclusive'. DNA doesn't stay around forever and the longer after the event the less likely it is to be present. You need to consider that they may be looking for DNA on items of clothing as well as on her body. They will look for the three 'S's... Sweat, saliva and semen. They may also look for concentrations of skin cells in select areas. There could also be far more to it than that, I've never really read too deeply into it all or read the 'insiders guide'.

I'd imagine they'd also carry out a pregnancy test! Might seem silly but imagine someone is raped, there's no DNA evidence BUT there is a baby growing inside her. This is merely for you to think about. The investigation of any allegation is massive and far more than most normal people would consider, that's why it takes time. You, me and the rest of the world might know she's lying but the Police need to investigate as they are supposed to be impartial and take the allegation as true until proven otherwise or shown to be unprovable (is that a word! ).

You raised your doubts with them so they will need to weigh those doubts into the situation as well. I'd imagine there's quite a lot going on that is unknown but it is happening and will form part of the future decision as to how they are going to proceed. I'd try and not stress too much and hold the belief that innocence WILL win the day, it's certainly got a blooming good chance as the Police ARE actually investigating.

[tiger mum]

thanks so much for taking the time to explain - its a nightmare wondering what's going on and not being able to do anything about it. Also I'm trying to explain things to my son so he doesn't find out things from others - without worrying him unnecessarily. I've found it impossible to focus on some important work I have to do for tomorrow - thanks for being there x

[whatsgoingon?]

Hi Tigermum DNA can stick around for a very long time, but body fluids are reasonably fragile. This is a very useful link on forensics and it explains different aspects very clearly .

http://www.exploreforensics.co.uk/An...eCategory.html

I think that you're probably having a bit of a panic - quite understandably, because of the uncertainty of it all. Try and stay focused and not get too obsessed with it. You'll be given the answers in due course.

I personally think it's a good thing they're interviewing the other kids. I'm not sure what the procedure is for interviewing child witnesses, perhaps this is something you should discuss with your solicitor.

Your doing great, no need to panic.

[lawlessone2009]

thanks so much for taking the time to explain - its a nightmare wondering what's going on and not being able to do anything about it. Also I'm trying to explain things to my son so he doesn't find out things from others - without worrying him unnecessarily. I've found it impossible to focus on some important work I have to do for tomorrow - thanks for being there x

Hey,

I was falsely accused in November 2011 and I still don't know what's going on................

I was still on bail as of 17th of January 2014 (might still be on it just don't know). Bail was supposedly dropped in November/December 2012. The case against me came to an end in the High Court in Edinburgh in August 2013.........................................

Yet still on bail.

Plenty things to confuse you a lot more yet!

Go get your work done!

A womans work is never done and it's never never going to be done if you don't start it...

Give your boy a big cuddle, tell him he has the best mum in the world and that there is nothing to worry about.

[Casehardened]

Be prepared for 'police-speak'!

For instance if there is no DNA found, the report may say the results are 'inconclusive'.

Strictly speaking the terminology is correct as there was no conclusion, but to the man in the street it sounds like there was some doubt whether there was or wasn't.

[tiger mum]

Another sleepless night worrying about all this. Reading the posts of the other mums of teenagers really helped - but made me realise all this is not a "one off" with my son which makes me worry more. It seems with less reason the police arrested a child in the early hours! And I thought being given 2 hours of an arrest was ridiculous - I suppose I should be thankful for small mercies. Also I realise its not so bad re the girl and the girl's friends - apparently she's a bit of a fantasist drama queen (as is her mother - my friend used to work with her) and the girl doesn't have a lot of friends. My son has many friends and the support given to him in their peer group far outstrips this girl's support. Also as he answered "no comment" he has not incriminated anyone - when obviously she has by setting the school, the parents and the police loose to question all the kids on what they were up to. She was up to the most - admitting sex acts, multiple partners over the weekend, drink and drugs. So sad as this was his first party/encounter with girls in this type of setting. Unfortunately he's a 6ft Justin Beiber look alike - whereas he used to find the attention of girls flattering - he now is running for the hills and thinks he may become a monk! I'm sure he will recover and find a wonderful first girl friend in time - his brother has a proper best friend/girl friend as his first relationship and they're great role models for him. You think you're on track and doing okay - then wham!

[DeamonsRun]

Re- Tiger Mum

The Police are having to do an investigation, which means looking at every possible aspect of the case.
As for the girl being interviewed on camera could mean one of two things.
Either they are preparing for a case, which would mean Charging your son with the offense and taking it to court. it would first be heard by a magistrates, which would then pass it onto Crown court. obviously this is the last thing you would ever want to happen and seems very unlikely with the amount of evidence against her.
Or they could be interviewing her and recording it because when they find that this girl is lying about this accusation it could be used in your case against her as evidence.
All I can say is hold your heads High and remember (The Truth will out).
May I ask were the girl has said the alleged offense took place?

[DeamonsRun]

[QUOTE=DeamonsRun;46228]The Police are having to do an investigation, which means looking at every possible aspect of the case.
As for the girl being interviewed on camera could mean one of two things.
Either they are preparing for a case, which would mean Charging your son with the offense and taking it to court. it would first be heard by a magistrates, which would then pass it onto Crown court. obviously this is the last thing you would ever want to happen and seems very unlikely with the amount of evidence against her.
Or they could be interviewing her and recording it because when they find that this girl is lying about this accusation it could be used in your case against her as evidence.
All I can say is hold your heads High and remember (The Truth will out).
May I ask were the girl has said the alleged offense took place and what she said they were doing before the incident occurred ?

[tiger mum]

It's the kids who were at the party who they are going to go back to to do video interviews - the accuser has already given hers. They were in a room at a party.

[DeamonsRun]

re-party reply

It's the kids who were at the party who they are going to go back to to do video interviews - the accuser has already given hers. They were in a room at a party.

Thats a good thing then.
Obviously the police are searching every were trying to find something against your son but failing at every hurdle.
The fact the girl says it took place at a party helps you even more.
The fact is ( if she was being raped she would scream and make a lot of noise its natural instinct when being attacked to try and summon help).
also why didn't she report it straight away, after leaving the party?. These are all questions the police have to get an answer to and if it is as you say and that everyone is saying she is lying and that they are all on your sons side, well it will only be a matter of time before the truth becomes clear to The police.
In this case your son will be discharged with a (No further action) against him. sadly this only means they are not pursuing the case due to insufficient evidence, the only way to get an innocent is to go to court.
But what the police wont tell you is they will keep him on record for 6 years after this. You can request for this to be removed which your solicitor will know how to do.

[tiger mum]

Hi - now I'm worried. Will he have a record even if he wasn't arrested? The police rang me and asked me to take him to the station so they could arrest him, but my son's solicitor persuaded them that wasn't necessary as we volunteered his DNA. Also his solicitor wouldn't let them take fingerprints as the police couldn't explain why they wanted them - ie. they didn't have anything they wanted to check them against. We are hoping the CPS will tell us NFA - but I must admit part of me wants this girl's lies exposed! When we were leaving the station my son's solicitor said hopefully that will be the end of it and I won't see you again - if you do get a NFA make sure they destroy his DNA - insist they do this. I was hoping that this means he has no record. If this is not the case would this matter come up on a CRB check? He's too young to have any career plans which this might make a difference to - he did want to be a police lawyer - he's changed his mind recently ..........