Help me please Not rape but sexual assault

[Casehardened]

When the pictures were sent they were both 15 years old Does that make a difference? There were conversations around the messages where she had offered to send them and asks does he like them

You are understandably disillusioned at the police involvement but please do appreciate in the present media frenzy regarding sexual offences they cannot not investigate; the problem is down to the girl and/or her parents.

It might be some help to look at the CPS guidelines regarding such cases; in particular:

It should be noted that where both parties to sexual activity are under 16, then they may both have committed a criminal offence. However, the overriding purpose of the legislation is to protect children and it was not Parliaments intention to punish children unnecessarily or for the criminal law to intervene where it was wholly in appropriate. Consensual sexual activity between, for example, a 14 or 15 year-old and a teenage partner would not normally require criminal proceedings in the absence of aggravating features. The relevant considerations include:

the respective ages of the parties;
the existence and nature of any relationship
their level of maturity;
whether any duty of care existed;
whether there was a serious element of exploitation.



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

(As I mentioned in my previous post, if necessary, his defence will be that they were in a loving relationship)

[smokiejo]

Feel your pain!!!

We was in a similar situation in october lucky for us was all sorted 2 days before xmas the police have to inform social services we had the same i was so shocked when i got a letter in my door saying they had concerns for our other children they came out and assessed us and then closed the case somplease dont worry about ss as its normal for them to contact you and the schools here if you want to chat xx

[HeartbrokenMum]

You are understandably disillusioned at the police involvement but please do appreciate in the present media frenzy regarding sexual offences they cannot not investigate; the problem is down to the girl and/or her parents.

Intellectually I am fully aware of this, but the fear and sheer anger I am feeling kind of overwhelms my more rational side!

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

Thanks for that link as it is very informative


Thanks for your answer and help as it is very much appreciated

[HeartbrokenMum]

We was in a similar situation in october lucky for us was all sorted 2 days before xmas the police have to inform social services we had the same i was so shocked when i got a letter in my door saying they had concerns for our other children they came out and assessed us and then closed the case somplease dont worry about ss as its normal for them to contact you and the schools here if you want to chat xx

I have calmed down over this aspect now I think .. My logical side has won .. I just felt such a sense of shame but that has gone now .. I know my boy is innocent .. I don't need anyone else to believe it (but the police, CPS and possibly a jury would be nice)

So glad you got bananas and I hope your family is recovering from this ordeal

Thanx for your support .. I am in a very lonely place at the minute

[tiger mum]

Hi Heartbroken mum - hope you've had a good weekend. I'm not surprised your family is in shock and reeling from the accusations. You think everything is peachy and your kids are doing okay then bam - some random accusation from a child you don't know takes away your peace of mind - its horrid.

Like your husband I felt very strongly that my son's accuser should be stopped in her tracks and made accountable for the hurt she caused. My son's solicitor was the first to cast doubt on whether this would be possible, but the person who stopped me taking any such action was my son - he was desperate for it to be over and to get his life back to normal. Whatever I was facing he was facing it 10 fold, he still has 1-3 years in the same daily environment as his accuser and I had to respect his views on how the situation should be handled. In fact since we got our NFA outcome from the police I've just paid the solicitor and informed school and let it rest. Apparently the girl is very unpopular due to this whole episode as she brought a lot of trouble to her friends and her peer group - my son just wants to stay out of her way and get on with his life. He desperately didn't want to move schools and she wasn't going to, so it seemed the only practical step to take when she asked the police to drop the case. It was important to us to get confirmation from the police that even if she hadn't done this they would have asked the CPS if they could drop it.

However when my head was in the same place as yours, my research threw up the attached report by Alison Levitt QC regarding what police should do regarding false allegations and what to look for when faced with making charges for perverting the course of justice - the police OIC and her supervisor didn't know what I was talking about when I raised it with them after they had closed the case. They were the specialist unit dealing with such crime in the local area - but they hadn't heard of the recommendations. The stats, during the set period 5651 rapes were prosecuted and only 35 false allegations of rape were prosecuted - it is highly unlikely the police will take up a case against this 15 year old accusing your son. They know people make up allegations but they aren't prepared to do anything about it. A colleague's son was approached by the police to given evidence against his FA years later when she had made another false accusation - he didn't want to get involved, he'd been so damaged by her previous lies. I think my son would do the same.

Obviously your son and your family are different and you may decide to formally fight back. I was convinced I was going to head up a crusade against injustice - what I actually do is just visit this forum say what I can to support others. Feels pretty lame but I'm not sure what else I can do - I just want to get my lad through the remainder of his education and hopefully allow him to realise his potential.

[HeartbrokenMum]

Well I have been going slowly insane as since two days after my son was arrested the police station has shut for refurbishment and all the officers have been put on annual leave so I thought it would be a rebail on Sunday or charged

However the OIC came on duty at 10am today and at 10:30am he rang me to say NFA, no longer on bail

Whilst I can't quite believe it I will be pushing to change the NFA to a NC obviously as he has never been charged, and the evidence he did nothing wrong is overwhelming

I can pick his laptop and phone up tomorrow

I will check on here often as this awful, awful learning curve has shown some horrifying truths about the justice system we have faith in

I would like to say thank you very, very much for the fab support and advice on here When I felt alone in the world, and to be honest pretty lost I got some excellent help on this site

[is there justice?]

Whoo hoo! Good news, I'm really pleased for you both.

Put this all behind you now and enjoy life again. It will change you in some ways, you will always think twice when reading someone has been charged. You know that someone would lie for no good reason. Your son will hopefully bounce back but it will make him more cautious, perhaps a good thing these days.

Good luck to you both and enjoy the bananas!

[Casehardened]

Brilliant news and absolutely the correct decision and good that it was made comparatively quickly

[RFLH]

I'm really pleased to read this!

[tiger mum]

Hi Heartbroken Mum - that's fantastic news - you must all be so relieved.

Regarding getting the status of the alleged sexual assault recorded as No Crime rather than No Further Action. I was told for a case to get NC status there had be to be proof that the crime didn't take place - i.e. the FA admits she lied about it all or your son can prove he was somewhere else at the time (out of the country?) The police told me the evidence an assault took place was the FA's word and there was no proof that it didn't happen so they wouldn't consider an NC. Shouldn't stop you trying though! The only outcome which properly clears your son is Not Guilty which obviously isn't going to happen now there isn't going to be a trial (hurrah).

Although obviously he wasn't charged or convicted - he will have the record of his arrest on file on the local police file and because its a sex crime on the national data base. There may be times when he is asked to confirm whether he has been arrested or convicted for xxxx offences - maybe for work or travel permits - its awful but he wont be able to lawfully answer "no" due to this stupid allegation. IF he finds himself in this situation again the police may pre-judge due to his previous arrest so if he isn't more cautious of the 'fairer' sex already tell him to be careful - especially around young daft females as they CAN and DO make up this rubbish more often than anyone thinks.

Also our solicitor asked for confirmation from the police that my son's DNA was destroyed. (They didn't take fingerprints). They said this would be done automatically after 15 days of the decision to close the file - but he said not all police forces are the same. If you haven't thought to do so already you might want to check that his fingerprints and DNA are destroyed.

Don't want to put a dampener on things - its great news! However, although we felt relieved at our NFA but I'm still spitting mad at the whole process and haven't recovered my natural sense of optimism and upbeat approach to life - it really knocked me for six. I sincerely hope you do better x

[Cat]

Really pleased for you. Have a good weekend, try and put all this behind you now.

[Faith]

This could be one that could be successfully changed to a No Crime if you push for it, either via your MP or your solicitor (ideally both)
Because of the quick turnover of the case, there is evidently a lot of doubt in the police's minds that this girl was being honest. Compiled with the evidence you have (photos/texts) it paints a fairly clear picture of a false allegation. No Crimes are rare and difficult to get, but I do think in this instance, it may be worth pursuing.

[Cat]

Worth going for the No Crime if you can. As I understand it this is the only way you can be sure of a clean DBS / ECRB for your son.

[HeartbrokenMum]

I will defo be pushing for an NC

When I try and explain to people just how many people are FA and that there are websites and forum dedicated to supporting people who are FA they are amazed

I would never have thought this was such an issue, and it's such an unfair system at the minute

I can celebrate now but I haven't stopped thinking about any of the stories I have read on here and still feel so grateful you were all here for advice and support

[is there justice?]

Let us know how you get on re the NC.

I think these FAs will carry on for a while but at some point, common sense will have to kick in and questions will be asked.

When I saw Freddie Starr on the news last night I could have cried for him, it was a stark reminder of what this does to people and underlines that even NFA isn't cause for celebration.

Take care x