Son false charged and now we are living a life of hell. Please pleae advise.

[lowest ebb]

Hi all
Apologies if this is long, just new to this forum thingy and just plain scared.

Knock at the door at 10pm, CID arrest 15 year old son on false allegation of rape. He wanted some stranger as responsible adult at the interview ( I’m told it’s common in these situations) and a duty solicitor was called in. I had to collect him at 4am next morning. He is bailed for one month whilst investigations are ongoing.

He and his mum are mentally destroyed now. Mum has had a breakdown and been given immediate counselling and son has been referred for counselling. Sex was consented by both in their statements but she stated she asked him to stop but he hit her and wouldn’t. This is totally false. She made this allegation with the police a week later as he finished the relationship with her. She has been online calling him a rapist to his friends and then bizarrely sending nude selfies to his friends and offering a sexual act to one friend too before going to the police to “ !iss him off”.

This person has now destroyed my family. We thought that truth would prevail and that once the police look into the case it will be NFA. However, reading all the posts on here I am now terrified for my boys future. It feels like lambs to the slaughter. We can’t possibly afford a private solicitor and can only go down the legal aid path but again, from reading posts, there doesn’t seem to be a lot of faith in them. The one who sat with my son didn’t speak with me at the police station and is always out of office and not called back for 5 days now.

A few of his friends have had their phones taken by the police to see postings she has made. But she did allegedly post to my son on snapchat the next day that she enjoyed herself but can we trust the police to try and retrieve that message?

I read one post on here, quote “You obviously had warning and could arrange this in advance. But when they arrive at your home, arrest you and give you 15 mins with a DS and then thrown into a full interview in total shock and disbelief at what you are being told, you are utterly vulnerable. Especially as this is your first dealing with the Police. Ever!”

We feel exactly the same.

If this goes to court we really need to change to a specialist solicitor it seems. Please advise on a specialist solicitor to help us in Yorkshire. It seems that most of the listed ones are in London. Gerry McDonald seems to get fantastic reviews, does he cover nationwide on legal aid though?

Sorry it’s a long post, its 3.30am, just cant sleep and I’m personally crying out for help.

Please can someone advise. Mum and I have no family to support us and are new to this area so have no close friends we can confide in locally. We really need specialist help.

Many thanks
K

[Casehardened]

Hi And welcome to the forum,

Please don't apologise for your post, it's well written with relevant information, and spaced out in paragraphs.

Unfortunately there have been many members in exactly your situation and hopefully someone will be able to offer relevant advice and support.

In the meantime, if you have not already, have a look at the recommended solicitor thread:

http://www.daftmoo.org.uk/mooforum/s...ist-solicitors

and there is some general advice here:

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

As you have already hinted at, should you come across anything else which confirms that intercourse was consensual seek advice before handing it to the police.

One note of caution: presumably the girl was also underage? If so, in theory it is statuary rape as she cannot give consent; however it is not normally CPS practice to prosecute when both partners are minors and in a relationship, providing the boy has not had a long list of previous underage partners (as in grooming incidents)

PS don't be too despondent about the lack of action from your solicitor; under legal aid, pre-charge, they only can claim for attending interviews so anything else they do has to go on another client's bill or out of their own time.

[Izzy]

Hi LE, welcome to the forum but sorry you find yourself here.

I can imagine you are all still in deep shock after what has happened. I can totally sympathise with the overwhelming feelings of disbelief you are left with after the unexpected knock on the door..

I think it's very easy to read posts on here and look back at previous threads and let your mind run away with it, I know that I did it and got myself in such a state that one of the moderators ( Faith ) banned me from looking. If I could give you one bit of advice it would be to hope for the best, prepare for the worst. Hopefully your Son's case won't go any further but look out for anything posted on social media that might help him and take screen shots.

Casehardened has already explained about the solicitor not being paid pre-charge, it is a bit soul destroying though when they don't return your calls. One option might be to ask his secretary if you can make an appointment to see him and offer to pay for it, then at least you can ask any questions that you need answered. It's also worth having a google to see if he/she is experienced in these kind of cases, if not then Gerry McDonald does rate highly with people on here, hopefully someone will be able to tell you if he works nationwide.

It is such a horrible situation to be in and as it's just happened you will all still be overwhelmed with it all, that does wear off a bit and you come to learn to live with the unreal situation you find yourself in, I wouldn't say it becomes easier, just a bit different.

Looking back there is one thing that I didn't realise at the time and wish I could go back and change, so I'll pass on in the hope it might help is this...

I wish I'd dealt with it better, by going to pieces my Son not only had to deal with the false rape accusation, he had to deal with the guilt of what it did to me. However hard it is, try and stay strong.

[Rights Fighter]

Can your son log into snapchat on a friends phone and then screenshot the necessary posts?

Gerry has worked outside the London area. How far away from London are you?

[lowest ebb]

re

Test, thanks..............

[Rights Fighter]

I don't understand your response

[lowest ebb]

reply to previous thread

Hi

Sorry for the previous “test” post but twice I’ve written a reply and they have timed out when I click post! Now used the lappie and will try to cut and paste so hopefully it works. Please be patient, this forum is completely new to me.

Please let me start by saying a big thank you for your responses. I didn’t get to sleep till gone 5 and its so nice to find messages from people who care

Re CASEHARDENED… thank you for clearing up the duty lawyer scenario, it makes things a lot clearer now for us. I will try to get my son to contact him as he may deal with him only. I can confirm it was his first ever sexual encounter, can’t vouch for her. She lives 100’s miles away (relatives in our town) and he had tried to end the relationship but she came up in school hols and has had consented sex with him. He then tried to finish with her again and its only when this happened that she then went to the police.

Re IZZY……. Such kind kind words. Thank you so much. I understand where you are coming from re support and extra burden on our son. It’s so hard when your world has been tipped upside down. To think she has been round the dinner table with us and days out walking that she can then do this out of rejected childish petty spite really cuts deep. I am going to try and contact Gerry this afternoon to see if he will help should the police take it further. He seems to be so highly regarded and respected on here and that is the sort of person you need to protect your freedom. I don’t know how people live with this for so long, I thought they would have told us at the next bail review. We had no idea it could take so long. Its terrifying for him to have this over his head for so long.

Re RIGHTS FIGHTER he can log onto snap and FB on my phone but the problem with snap is that messages/images are deleted once read. He surrendered his phone and gave police all his accounts and passwords in the hope they will investigate thoroughly and use software to retrieve these items as he states there was one from her the next day saying how much she enjoyed it. We have screenshots and given details to the police of fb postings from her to his mate offering a sexual act and explicit pics of herself on the same day she went to the police to report my son. She has said she did this in another fb message to someone else to get back at him. Police have now seized both of these phones. In our sons younger mind he feels he is now upsetting and losing friends because they have now become involved and lost their phones. No matter how much we try to tell him to not concern himself with this, he thinks its too important and we feel he is holding back to prevent involving others.

Its really tearing us up.

I was brought up to do the right thing and be honest and have always had faith in the judiscial system and trust in the police. I really hope this will continue.

Please accept my thanks again, its comforting to know people out there care.

Many thanks
k

[lowest ebb]

reply

hi

apologoes, forgot to metion, we live in Yorkshire but will travel to London at a moments notice to meet up with Gerry if needs be. tried calling him but with a client. will try again later today

k

[Rights Fighter]

I am sure there are great solicitor in Yorkshire and referred to in the sols/barristers thread.

I've known Gerry work outside of London on legal aid, but not that far. Neither he nor the London barristers he uses would get paid their travelling and overnight/living expenses on legal aid.

Snapchat is something I have never used. Awful if the messages get deleted as soon as they are viewed. What an opportunity for paedophiles to cover their tracks and for false complainants to pretend they have said something they have not, or not said something they have.

I'll ask my forensic computer expert acquaintance about resurrecting deleted posts on that one......

[Rights Fighter]

Just had a response from my friendly forensic expert

SnapChat messages are designed to automatically erase within a few moments after receipt. However, it is often possible to recover the messages/pictures by forensic assessment. It is crucial that the phone used by the defendant is examined as soon as possible.

Hopefully this matter will go no further, but if it does, my recommendation for defence forensics to be instructed by your representation would be

www.afentis.com

[lowest ebb]

Solicitors review and a bit of rage

Hi

has any one used Tuckers solicitors. They offered legal aid and made no promises of success on the phone. As much as it hurt to hear an honest opinion I would rather a solicitors honesty than one that will raise your hopes to get your business. seemed a very knowledgeable man I spoke with.

Apparantly, we can change solicitor at the next bail hearing if we are unhappy with the solicitor at the initial interview. That's promising as they're more conveyancing and marital issue specialists.

I'm awaiting an email reply from Gerry to date.

Spoke with Chris Saltrese, wonderful man but there's no way we could afford a private solicitor.

I've also been told that my son could face charges just because she is under age. She had been fb messaging him for weeks prior to meeting up and looking forward to it and he too is underage. 6 of one, half dozen of the other. How can he possibly be guilty if they are both underage, he 15, she 14 and yet she's not liable? really cant get my head round it.

Sorry to rant

k

[lowest ebb]

called them up

Just had a response from my friendly forensic expert



Hopefully this matter will go no further, but if it does, my recommendation for defence forensics to be instructed by your representation would be

www.afentis.com

called them and will hopefully get a call back tomorrow but police currently have the phone. many thanks for pointing me in their direction

[can it get worse]

Hi - Welcome to the forum - sorry to read of this awful situation for your family. To be at the receiving end of an FA is torture. The waiting and endless thoughts are terrible.

Gerry does have many recommendations - I've spoke to him a few times - he seemed great and I believe he would work for you even though there is some distance between you.

You could also try Mark Newby - he is based in Doncaster and I understand he has a good reputation. He also has experience in this kind of allegation.

Wishing you much strength at this most difficult time.

[Casehardened]

One note of caution: presumably the girl was also underage? If so, in theory it is statuary rape as she cannot give consent; however it is not normally CPS practice to prosecute when both partners are minors and in a relationship, providing the boy has not had a long list of previous underage partners (as in grooming incidents)

Hi


I've also been told that my son could face charges just because she is under age. She had been fb messaging him for weeks prior to meeting up and looking forward to it and he too is underage. 6 of one, half dozen of the other. How can he possibly be guilty if they are both underage, he 15, she 14 and yet she's not liable? really cant get my head round it.


k

From the CPS's website:

In summary, where a defendant, for example, is exploitative, or coercive, or much older than the victim, the balance may be in favour of prosecution, whereas if the sexual activity is truly of the victim's own free will the balance may not be in the public interest to prosecute.

In addition, it is not in the public interest to prosecute children who are of the same or similar age and understanding that engage in sexual activity, where the activity is truly consensual for both parties and there are no aggravating features, such as coercion or corruption. In such cases, protection will normally be best achieved by providing education for the children and young people and providing them and their families with access to advisory and counselling services. This is the intention of Parliament.



http://www.cps.gov.uk/legal/p_to_r/r..._soa_1956/#a26

[Rights Fighter]

Thanks for that LL1

Maybe it could be posted in the "Useful Information" bit.