Son Falsely Accused

[dadof2]

My 17 year old son went camping with some friends to celebrate his birthday last weekend.

He had sex with one of the girls in the group and all seemed well, but he was arrested at college on the Monday afternoon.

I attended as an appropriate adult, and called a duty solicitor.

My son was very calm, and gave a full & very detailed account of what happened:-

- The group was boys & girls aged 16 & 17
- All of the group drank alcohol they brought themselves, and shared a joint
- The girl asked if he had a condom, he hadn't so phoned one of his friends who supplied a condom
- The girl helped him put the condom on and they had sex.
- They had sex a second time - with the friend being called to supply a second condom
- after sex, a girl got in the tent to get her drink, and spoke to my son and the girl
- my son & the girl joined the rest of the party after sex, and carried on drinking until everyone retired to sleep in the tents

The girl alleges that she doesn't remember having sex, and was therefore unable to give consent, and the police questioning was trying to get my son to agree he supplied or spiked her drinks (he didn't)

My son has been bailed pending enquiries, and I have started to look for guidance/help.

I understand that CPS guidelines changed in Jnauary, and now the accused has to prove that he had consent before sex took place. How is this to be achieved?

In my son's case, there were 7 "witnesses" who are able to tesify to parts of the events:-

- One person heard the girl ask my son if he had a condom
- They all heard my son shout out of the tent that he needed a condom
- Another heard my son ask if the girl wanted him to stop, and she said no
- A girl went into the tent after sex and had a conversation with my son & the girl
- The girl was offered a bottle of bulmers cider after coming out of the tent, but refused as she didn't like the brand

In my view, the above prove that she was competent, and therefore fit to give consent, but how can this be proved?

My son attends college with the girl, and views are already being polarized - her friends believing her, and my son's friends backing him. Notably, the 7 other people on the camp are shocked at the accusation, and don't believe the girl.

I believe the case will ultimately be thrown out, but am concerned that mud sticks, and my son's reputation will be tarnished.

Any advise on how I can get this case resolved as quickly as possible?

[Rights Fighter]

I take it that the police have not spoken to these witnesses? They either might:

a: interview them and bring the matter to a sensible conclusion

b: not bother, or

c: they might interview them, turn them into prosecution witnesses and then tell them that they cannot talk to the defence side


I've known option 'c' happen often. It doesn't mean that the defence solicitor cannot speak with them to obtain a statement, should their be a charge.

In which are of the UK are you?

[dadof2]

My son's just come in from college and been told that police are planning to interview at college on Wednesday. 6 of the 7 witnesses attend college.

My son has spoken to his friends (witnesses) and they are independently supporting his account.

I'm hoping common sense prevails, and the police realise there is no case to answer. Unfortunately this is Rotherham, and the police/council are being hammered for incompetence in relation to long term child sex abuse which they failed to investigate.

[Rights Fighter]

He's entitled to an Appropriate Adult if he is still 17.

Ah yes, Rotherham....... it's political as well as about 'justice'.....

[dadof2]

Good News - with reservations

I had a visit from the police tonight and they tell me they have reviewed the evidence in my son's case and it doesn't satisy the criterion for referal to CPS, and they have cancelled the investigation.

This was great news....until they then proceded to tell my son that he had committed a crime and had to be careful, and modify his behaviour in future. The senior officer present told me, when I questioned this, that my son had committed a "sexual assault". When I queried this, she stated it was because the accuser was only 15. I pointed out that the girl was in fact 16, and that my son had legal, consensual sex with her. The other police officer confirmed that the girl was 16 at the time of the allegation, but the senior officer was adament that my son had committed a crime, since an allegation had been made.

When I asked if this meant my son now has a criminal record, I was told that it would appear on his file - a crime had been reported, and therefore my son was guilty of it!

1) How can an allegation without charges being brought result in my son having a tarnished record?
2) Will this show up on CRB checks - which could damage his future career.
3) How do I get his record cleaned up?
4) Is there any action I can take against the girl who made the false acusation?

I am furious that a false accusation can potentially ruin my son's life before it has even begun, and would appreciate any advise.

[Casehardened]

I had a visit from the police tonight and they tell me they have reviewed the evidence in my son's case and it doesn't satisy the criterion for referal to CPS, and they have cancelled the investigation.

This was great news....until they then proceded to tell my son that he had committed a crime and had to be careful, and modify his behaviour in future. The senior officer present told me, when I questioned this, that my son had committed a "sexual assault". When I queried this, she stated it was because the accuser was only 15. I pointed out that the girl was in fact 16, and that my son had legal, consensual sex with her. The other police officer confirmed that the girl was 16 at the time of the allegation, but the senior officer was adament that my son had committed a crime, since an allegation had been made.

When I asked if this meant my son now has a criminal record, I was told that it would appear on his file - a crime had been reported, and therefore my son was guilty of it!

1) How can an allegation without charges being brought result in my son having a tarnished record?
2) Will this show up on CRB checks - which could damage his future career.
3) How do I get his record cleaned up?
4) Is there any action I can take against the girl who made the false acusation?

I am furious that a false accusation can potentially ruin my son's life before it has even begun, and would appreciate any advise.

Brilliant news for you and your son but I understand your anger that the case was investigated in the first place; however put yourself in her father's position for a moment: your daughter comes home and tells you a boy(friend) has taken her by force....the police are currently betweeen a rock and a hard place.

I will leave it to members with a better knowledge of the DBS system to advise regarding this but I'm afraid that the record of your son being arrested (and the reason thereof) will remain on the PNC for ever (hence the officer's friendly warning; lightning striking twice etc)

As for getting redress against the girl (who is the the prime mover in this sage) I'm afraid the future is bleak here as well; one of our members has researched the procedure and I've put his link below


http://www.daftmoo.org.uk/mooforum/s...pe-allegations

I forgot the bananas!

[Rights Fighter]

I..............The other police officer confirmed that the girl was 16 at the time of the allegation, but the senior officer was adament that my son had committed a crime, since an allegation had been made.

When I asked if this meant my son now has a criminal record, I was told that it would appear on his file - a crime had been reported, and therefore my son was guilty of it!

1) How can an allegation without charges being brought result in my son having a tarnished record?
2) Will this show up on CRB checks - which could damage his future career.
3) How do I get his record cleaned up?
4) Is there any action I can take against the girl who made the false acusation?

I am furious that a false accusation can potentially ruin my son's life before it has even begun, and would appreciate any advise.

He has not been found guilty of any alleged offences. He has not accepted a caution has he? If not then he does not have a criminal record, although the allegations will most likely show on his DBS check.

[dadof2]

He has not been found guilty of any alleged offences. He has not accepted a caution has he? If not then he does not have a criminal record, although the allegations will most likely show on his DBS check.

There was no suggestion of him taking a caution - I wouldn't have allowed him to accept one.

I argued with the Detective Sergeant (who kept insisting that my son had committed a crime), that no charge had been made, and that the alledged crime had not been tested in court. As far as I am concerned a person is still innocent until proven guilty and this has not happened.

My son is hoping to join the Navy (he has always wanted to join the Police, but is interested in travel, and changed his mind about a year ago - prior to this incident), will this allegation have a detrimental affect?

[Rights Fighter]

I don't know of any sols personally who can do this for you, but this guy

Harvey.Fox@freemanssolicitors.net

.... may know a guy who can. Please tell him that you were referred by a support group.

[jittery]

hi

I don't know of any sols personally who can do this for you, but this guy

Harvey.Fox@freemanssolicitors.net

.... may know a guy who can. Please tell him that you were referred by a support group.

Yeah, it is bad. I'm afraid this is the way the system is going. Now it's guilty till proven innocent. I've heard many people say we're on our way to being a police state. Never gave it much credibility till now. Hope this doesn't stand in the way of your son's future. All the best; and for what it's worth