Help!!

[Lenny63]

My 15 year old son was accused of raping a fifteen year old girl in october last year, after hours of questioning he was charged with underage sex and released, the police said it was up to the procurator fiscal as to whether he would be sent to the childrens panel or raised to a rape charge! Had two letters advising that the pf are continuing there investigations but nothing else yet, the sex was consensual , any advice please . We have a lawyer

[myhome]

Hi and welcome but sorry you had to find us and so sad to see yet another parent on here supporting their son.

I'm assuming you're in Scotland where the law is different to England? My understanding of English law is that an underage person cannot give consent to intercourse thus in law this would be rape. However I'm more than happy to be corrected on this; and also the law may be different on this issue in Scotland. I also think that the police sometimes will review their decision to prosecute where both parties are under age - again I'm not sure so hopefully someone else will be along shortly to clarify these points for you.

In the meantime, your son needs to write down everything he can remember about that incident; keep any texts messages, emails or social media exchanges that they may have had. Take screenshots of these and store everything electronically somewhere that the police can't et it should they decide to seize laptop, mobile or other electrical equipment.

In supporting your son, please remember that you will need support too. This is an awful time for everyone who is associated closely with someone who has been falsely accused....keep strong, keep posting and we'll help all we can..........MH

[Lenny63]

Many thanks for replying !!!

Hi and welcome but sorry you had to find us and so sad to see yet another parent on here supporting their son.

I'm assuming you're in Scotland where the law is different to England? My understanding of English law is that an underage person cannot give consent to intercourse thus in law this would be rape. However I'm more than happy to be corrected on this; and also the law may be different on this issue in Scotland. I also think that the police sometimes will review their decision to prosecute where both parties are under age - again I'm not sure so hopefully someone else will be along shortly to clarify these points for you.

In the meantime, your son needs to write down everything he can remember about that incident; keep any texts messages, emails or social media exchanges that they may have had. Take screenshots of these and store everything electronically somewhere that the police can't et it should they decide to seize laptop, mobile or other electrical equipment.

In supporting your son, please remember that you will need support too. This is an awful time for everyone who is associated closely with someone who has been falsely accused....keep strong, keep posting and we'll help all we can..........MH

They already returned his phone saying nothing was found !! The facebook conversations were very lighthearted and the accusee was replying with kisses at the end of her messages ! I have screenshots of this ! Im not too hot on the law but yeah its scotland !

[myhome]

Did they mean "nothing was found that would help them prosecute" or nothing was found??? There is a subtle but important difference!!! If there were text messages from her and they are "normal" happy lovey ones, then these will helpful to the defence and need to be saved along with the date and time they were sent.

[Lenny63]

X

Did they mean "nothing was found that would help them prosecute" or nothing was found??? There is a subtle but important difference!!! If there were text messages from her and they are "normal" happy lovey ones, then these will helpful to the defence and need to be saved along with the date and time they were sent.

They just said that both phones were returned because there was nothing on them - both phones being his and hers?

[leaspey]

x

The police will not be interested in anything that might prove innocence. What they mean is that the phone's contained nothing they could use to help them prove guilt. Check you son's phone though. You might find text messages that are helpful in his defence.

[edinguy]

I myself am from Scotland so maybe I can help if you need to talk.

In my own case though I was not charged by the police after the interview instead they sent the report to the fiscal who were to review the report/evidence and then decide on what was to happen.

It was a full year nearly before I was charged and then another near year before I went to trial.

It's a long, long process if it goes the distance.

[Lenny63]

Hi edi guy

I myself am from Scotland so maybe I can help if you need to talk.

In my own case though I was not charged by the police after the interview instead they sent the report to the fiscal who were to review the report/evidence and then decide on what was to happen.

It was a full year nearly before I was charged and then another near year before I went to trial.

It's a long, long process if it goes the distance.

Hi thanks for replying !! He is only 15 and even though he was accused of rape he was only charged with under age sex ? Every day is a nightmare as the police say its up to the pf to decide what to do !! Thats been since nov and im so worried for him x

[edinguy]

Hi thanks for replying !! He is only 15 and even though he was accused of rape he was only charged with under age sex ? Every day is a nightmare as the police say its up to the pf to decide what to do !! Thats been since nov and im so worried for him x

Yeah it's a ongoing nightmare, they really don't rush these things through in Scotland which is shocking as the false accuser and family are in a daily hell with these things.

So underage sex is the charge and he himself is underage too?

I hope you get answers soon, we got my sol to try and chase up the fiscal to speed things up (I also gave a GP note too as I was struggling)....didn't really work but it's worth a shot?

Take care.

[Lenny63]

Hi

Yeah it's a ongoing nightmare, they really don't rush these things through in Scotland which is shocking as the false accuser and family are in a daily hell with these things.

So underage sex is the charge and he himself is underage too?

I hope you get answers soon, we got my sol to try and chase up the fiscal to speed things up (I also gave a GP note too as I was struggling)....didn't really work but it's worth a shot?

Take care.

Hi ediguy,

Yes he was 15 at the time when the alleged offence occurred he is now 16 , we still havent heard anything yet , the lawyer contacted the pf who advised they hadnt made a decision yet !!