After a relation breaks down

[bella467]

My son has been accused of rape after he finished his relationship(2 years) 1st she accused him and got him arrested on assult then after 5 hours questioning she change it to rape he didn't have representation when arrested but has got one now. its tearing us a family apart, it just seems like he's going to court early January not knowing whether its for the assult or rape how do we find out or do we go in blind, he will be pleading not guilty

[AmandaF]

So so many times are we hearing these stories- sorry you find yourself here.

I can't help with any legal stuff (case was in Scotland) but hang in there- someone will be along soon.

[innocentson]

Hi Bella

Sorry you are going through this. I am a mother who's son had similar experience eg false allegation and after a terrible year he was recently found unanimously not guilty ..... So truth does come out in the end

In the interim you need to keep strong for him and buckle up for a bumpy ride. But hopefully his case may get resolved much earlier : I hope it does but for now : talk to his solicitor , who should be able to clarify what the jan court date is for and the charge details..... Also make sure he has a barrister for the court hearing.

Others will come along soon and give you more guidance

Just wanted to welcome you and let you know you are not alone.

Best wishes :

[Casehardened]

Hello Bella,

[I moved your post to this more appropriate section of the forum]

This is an unusual and upsetting situation for you but unfortunately the police do start from the premise of believing the complainant so it is essential that your son is pro-active in his defence.

Firstly, can I check whether the alleged offence (and therefore court case) took place in England or Scotland; as Amanda mentioned, procedures are different (please don't be specific about the location, the county is sufficient)

If in England, then as your son is facing court, he (or his solicitor) should have been given a charge sheet or summons with a list of indictments for which he will be tried and this is your starting point for preparing a defence. You mentioned that he now has legal representation, has he had any discussions with them over the forthcoming court appearance?

[bella467]

thanks for the replies, it starting to feel we're not the only ones

This is in England, the alleged rape offence has a date but the other 3 accounts of ABH are within 14 months so no specific date to go on, he hasn't seen the solictor because untill our accountant comes with our business accounts he won't be able to see if he's able to get legal aid.
We have wrote a lot of information and kept verbal as well as written letters, so just forming a folder so as soon as we get the go ahead we can get started.
every day seems to bring more questions its mind blowing how men can be treated this way
As he said because he was firstly taken in for her ringing the police about a ABh against her he just thought he was helping police with the enquiry, especially when the police could see what damage his face was in, it wasn't until 5 hours after the rape charge was made, but still thought he was inocent and just wanted to get out of there, then it was 2 months later that the other 3 accounts of ABH came up, then this is where we have got to with appearance in court in January.
Its gonna be a great Christmas for us!,

Hello Bella,

[I moved your post to this more appropriate section of the forum]

This is an unusual and upsetting situation for you but unfortunately the police do start from the premise of believing the complainant so it is essential that your son is pro-active in his defence.

Firstly, can I check whether the alleged offence (and therefore court case) took place in England or Scotland; as Amanda mentioned, procedures are different (please don't be specific about the location, the county is sufficient)

If in England, then as your son is facing court, he (or his solicitor) should have been given a charge sheet or summons with a list of indictments for which he will be tried and this is your starting point for preparing a defence. You mentioned that he now has legal representation, has he had any discussions with them over the forthcoming court appearance?

[Casehardened]

My son has been accused of rape after he finished his relationship(2 years) 1st she accused him and got him arrested on assult then after 5 hours questioning she change it to rape

As he said because he was firstly taken in for her ringing the police about a ABh against her he just thought he was helping police with the enquiry, especially when the police could see *what damage his face was in*, it wasn't until 5 hours after the rape charge was made, but still thought he was inocent and just wanted to get out of there, then it was 2 months later that the other 3 accounts of ABH came up, then this is where we have got to with appearance in court in January.

So your son was in a (presumably live-in?) relationship with his accuser which culminated with presumably an *actual* physical altercation and, without meaning to put words into yours or his mouth, his ex has added a rape allegation as a way of bolstering the other three ABH allegations.

Were the dates of all the allegations within the relationship period?

Will he plead not guilty to all of the ABH allegations as well as the rape allegation? If so did he receive any medical attention to his face?

If the court date in January is the first one it will be an appearance at the Magistrates; whilst they may have the power to determine the ABH allegations they will need to send the rape allegation to crown court but I am unsure whether they will also elect to send the ABH indictments to crown court so that they are all determined at the same time: perhaps this is something that he can ask the solicitor when he has arranged his legal representation.

If the court date is next month this is fairly urgent: any decent criminal solicitor will do for the ABH charges but a specialist in defending false allegations of rape would be best for this: there is a thread in the forum with members recommendations
http://www.daftmoo.org.uk/mooforum/s...ist-solicitors