Son falsely accused

[Neophyte]

Hello,

I'm sorry to have to be here, and I'm sorry that you are all here, too. I doubt it's something anyone would have chosen.

My 16 year old son has been falsely accused of rape by a 17 year old girl. They didn't have sex (he has never had sex - this was one of the interview questions). They have never been in a relationship. He barely knows her. He was at a party at which she spent most of the night drunk, crying and being comforted by friends. He passed her on the stairs, once. Later he saw her with her head down the toilet, being helped by a friend. Later that evening people began to ask him what he'd done to her. He was confused. They then said that she said that he'd raped her, and they were going to call the Police. He left the party, and called the Police himself, telling then that he'd been threatened with a false claim.

Subsequently he was arrested from home (at 4:30am on Christmas Eve) and taken into custody, as an allegation of rape had been received.

Her statement is quite shockingly ill conceived. However, we are all extremely fearful, and completely in the dark. This is very much outside anything with which we have any experience at all.

He spent the entire day, and part of the evening, in custody, was interviewed (he declined to have a solicitor present - I overruled this), provided all samples requested, and has been bailed. The solicitor said that he's been practising for 25 years, and would stake his house on my son's innocence. The Custody Sergeant said that he, having spoken with the investigating officer, and others involved, was extremely reluctant to put my son through the ordeal of the samples being taken, and only agreed in order to help prove his truthfulness. He also fairly unambiguously (whilst remaining entirely impartial) indicated that were he in the same situation that he would unquestionably pursue the (alleged) false accuser through the Civil Court.

We're now waiting until we hear more. Is there anything we should/could do, or is it just a case of waiting until we hear from the Police?

I realise that it's entirely irrelevant, but this has also completely destroyed a Christmas that the entire family were very much looking forward to. And left a kind, gentle, innocent, boy extremely unsettled.

Thank you for reading. I wish you all well with your individual situations.

[Lilyput]

Welcome and sorry its utter hell, my partneris in a similar situation a girl my OH hardly knew and never had sex with accused him of rape at a teenage party. Difference is nasty cow waited 10 years as she forgot
apparently. I hope you managed a good Christmas, i have a lovely little boy and if ever got falsely accused id be devasted, he will never date without a chaperone thanks to his Dads experience! Must be hell im here if you need to talk.

[TorquayChris]

Sorry to hear your story.

I myself was falsely accused recently by someone that I barely knew, and also had not had sex with.

I am hoping that the DNA evidence (or lack of it), will be enough to prove the allegation false, and that will be the end of it. I am hoping that is the same for your son too.

TC

[Casehardened]

Hi,

It's not entirely clear from your account how much time elapsed between the party and your son's arrest. This would help establish how soon she made the allegation to the police and therefore how soon after the party she was given a medical examination.

Obviously, as no sexual encounter with your son took place, the lack of DNA evidence linking her to your son is crucial.

(It sounds like that she is or had been involved sexually with someone else, this relationship has gone wrong, and for some reason she has lashed out at your son rather than name and blame the real participant)

[Neophyte]

Hi,

It's not entirely clear from your account how much time elapsed between the party and your son's arrest. This would help establish how soon she made the allegation to the police and therefore how soon after the party she was given a medical examination.

Obviously, as no sexual encounter with your son took place, the lack of DNA evidence linking her to your son is crucial.

(It sounds like that she is or had been involved sexually with someone else, this relationship has gone wrong, and for some reason she has lashed out at your son rather than name and blame the real participant)

Hello,

Thank you to all of you - I'm touched by your interest. My son left the party at approximately 11:30pm. He was arrested at approximately 4am. I'm not clear on when the Police were initially contacted, or by whom, but it must have been very soon after the threat of contacting the Police was made - We've subsequently heard that the Police arrived at the house where the alleged offence took place at around 2am, and interviewed the remaining guests, as well as taking bedding, and recording a video of the inside of the property.

Given the timescale, we're hopeful that the (lack of) DNA will be irrefutable. My son did not shower/bath between the party and his arrest.

His friends who remained at the party were interviewed, and stated that they were, variously, with him for the entire evening, and that he wasn't alone with the complainant at any time. They have also reported that the complainant has needed to be removed from other parties (at the request of adults present) for 'hysterical and unacceptable behaviour'. However, I don't know how much of this information has been reported to the Police, and nobody over the age of 17 was at this particular party.

From what I can determine from my Internet research, I think it's just a case of waiting until the Police are in touch again. He's been bailed until mid-February.

It seems that, even after the conclusion of the investigation, and even when there is no evidence at all that any offence took place, his arrest for rape will be a matter of record forever. I find this deeply shocking. I would wish any person suffering any kind of assault, particularly sexual, to be able to have the full force of the law behind them. But surely there should also be some kind of disincentive for people to make malicious and vexatious allegations. As far as I can tell the chance of any kind of negative consequence for the false accuser is slim. This serves only to erode and diminish the plight of genuine victims.

Thank you again. I will post any updates.

[Casehardened]

Thank you for the clarification and from what you have written a NFA for your son is inevitable...

It seems that, even after the conclusion of the investigation, and even when there is no evidence at all that any offence took place, his arrest for rape will be a matter of record forever. I find this deeply shocking. I would wish any person suffering any kind of assault, particularly sexual, to be able to have the full force of the law behind them. But surely there should also be some kind of disincentive for people to make malicious and vexatious allegations. As far as I can tell the chance of any kind of negative consequence for the false accuser is slim. This serves only to erode and diminish the plight of genuine victims.

A very insightful comment and I sense a collective nodding of heads from most members on here; what to do about it is the issue though.

Unfortunately there is a considerable proportion of the public who have not been involved in a false accusation and therefore take the view 'no smoke without fire' and so no politician will presently dare to grasp this particular nettle.

[Strugglingtomoveon]

Thank you for the clarification and from what you have written a NFA for your son is inevitable...


A very insightful comment and I sense a collective nodding of heads from most members on here; what to do about it is the issue though.

Unfortunately there is a considerable proportion of the public who have not been involved in a false accusation and therefore take the view 'no smoke without fire' and so no politician will presently dare to grasp this particular nettle.

This will probably be contentious and i don't want to upset anyone, as a genuine rape victim i really don't like women who make false allegations, it casts doubt on everything real victims say. I'm also truly sorry your son has been put in this awful position.

However, one of the many reasons victims don't report our rapes is because we're scared no one will believe us, especially if the rape was weeks or months ago and all DNA evidence is gone. If there was a punishment for false allegations, then real rape victims would never come forward for fear that if the case isn't successful then they will be accused and punished for making it up. A lack of evidence doesn't always mean the accused isn't a rapist, it just means there is a lack of evidence.

[Shah]

strugglingtomoveon,

Im so sorry that you have had a horrible experience and I would not wish that on anybody including being let down by *lack of evidence* and as you say it would make it harder on the true victims if there was a punishment for false alegations. See that does not make sense to me that *lack of evidence* yet they can still send someone down for that.

There however should be some way to weed out those that make the FA's as it destroys lifes forever especially when its done for revenge and there is glaring evidence of that but the police/justice just want a tick in the guilty box. My son was found guilty ( no evidence just the *what she said was gospel* !) Cant you take things further? as I would imgaine your pain is as bad as mine you for not getting justice and mine for injustice !

Ive just told my 81 year old dad that his Innocent grandson is in prison there was no evidence what so ever, the court case was a joke, the defence did nothing to help my son in fact by all accounts they should have sat with the prosecution
I will never ever forget this crappola for the rest of my life as you no doubt will too but both of us for different reasons. See thats the british justice system at its finest what a joke!
Anything I have written STMO is just to let you know whats its like from the other side of the coin so to speak and I in no way would want to upset you or make light of whats happened to you

I totally belive in everything RF says and I for one wish Id come here sooner

Sorry feeling uptight from speaking to my dad ( I wish I hadnt now )

[Casehardened]

If there was a punishment for false allegations, then real rape victims would never come forward for fear that if the case isn't successful then they will be accused and punished for making it up. A lack of evidence doesn't always mean the accused isn't a rapist, it just means there is a lack of evidence.

There is a punishment for false allegations; false accusers have been prosecuted for PCJ, usually receiving circa 24 months if convicted.

Why so few out of the many false accusations? A prosecution for PCJ is usually only brought if the accuser confesses to lying or has made multiple false accusations, and then not if there are mental health issues involved.

Apologies to Neophyte for thread derailment; it won't happen again!

[Izzy]

I'm sorry you've found yourself here Neophyte.
I would keep a close eye on social media to see if anything is mentioned and take screen shots if it is.
I can imagine how bad you are all feeling but try to take one day at a time and not look to far ahead and let your mind run riot - sometimes easier said than done. The procedure once a false accusation has been made is awful, especially for one so young
I really hope that you get a speedy outcome.

[Neophyte]

Hello again,

Thank you all for your posts, and support. I haven't posted for a while. I have been reading all the other threads here with horror and dismay. I had no idea that false accusations were so prevalent. It's truly shocking. Prior to Christmas Eve we were all blissfully ignorant of this phenomenon. Well, I was aware that it could happen, but thought it was rare. But, I haven't posted because I have no knowledge that would be of any practical use to anyone here. Just profound sympathy for their plight. Some of the reports are truly heartbreaking. Entire families torn apart through spiteful, hateful, malicious, destructive acts.

My son is due for his bail meeting this week. There have been no updates at all from the Police. I've asked a few times, but had nothing back. We have no further information (except having heard a rumour that the FA declined to provide any forensic samples. We also heard that she had withdrawn the accusation. But, we don't know if either of these are true).

Is there any value in taking a solicitor to the bail meeting? From what I've read it seems that there is little to no point in engaging a solicitor unless charges are brought. But, if it would be worthwhile then I will.

What can we expect to happen at the bail meeting? Are the Police able to re-bail repeatedly? (From what I read here, I think the answer is probably yes, sadly)

Thanks once again for reading. Good luck to you all.

[Casehardened]

Is there any value in taking a solicitor to the bail meeting? From what I've read it seems that there is little to no point in engaging a solicitor unless charges are brought. But, if it would be worthwhile then I will.

What can we expect to happen at the bail meeting? Are the Police able to re-bail repeatedly? (From what I read here, I think the answer is probably yes, sadly)

It might be worth you contacting the solicitor (duty?) who was present at your son's interview and asking them if they would mind inquiring what is likely to happen.

As you surmise, it is likely to be a rebail, but the upshot may be that this will be done as a paper exercise and no-one will need to attend.

PS don't be discouraged from posting just because you have not yet gained any expertise in this process; sometimes a sympathetic friendly comment to folks who are in despair works wonders....

[Neophyte]

Hello again,

Thank you for all the advice. I did contact the solicitor, who contacted the OIC, and let me know that my son was going to be re-bailed the following day. We attended for the re-bail appointment, and heard some updates:

1. The complainant has withdrawn the allegation. It wasn't stated when, but I'm pretty certain that it was on, or before, New Year's Eve (within a week of the alleged incident). My son was told by friends on NYE that it was rumoured that she had withdrawn, and I asked the Police at the time if this was the case, but they neither confirmed, nor denied it. Until we attended the meeting last week, when they said that she'd withdrawn and is 'no longer part of the investigation'. This should have been fantastic news, except...
2. At the bail meeting the OIC told us that they decided to continue the investigation, and had sent forensics off at the end of January (over a month after taking the samples). The FA reported the incident on 23rd December, and provided intimate samples. Coincidentally(!) the Police also (after the solicitor's contact!) contacted some of the witnesses for telephone interviews. It's almost two months after the incident. I strongly suspect that without the contact from the solicitor nothing would have happened. Forensics results are expected 'within two months'.
3. My son has been rebailed until the end of April.

So, the news that the complaint has been withdrawn is welcome. But, the fact that the Police decided to continue the investigation isn't. I can't understand why, in the face of such a ludicrous statement from the FA (it is indeed ludicrous, and the solicitor, and witnesses, are of the same opinion). We are pleased that the forensics have been requested, as these will prove that no intimate contact at all took place. I can't imagine that the Police think that there has been any intimidation of the FA. Therefore I don't understand why they decided to waste their precious resources on this.

One other thing - the Police seem addicted to asking 'on a scale of 1 to 10, how drunk was X?' Surely the answers to this are, at best, subjective?

Finally, on the 23rd of December, before the accusation had been made by the FA, my son contacted the Police himself, to report that he'd been threatened with being reported for rape. He was given a reference number, and told to not worry about it, as no report had been made, and 'probably wouldn't be'. Well, it was. However, isn't it a criminal offence to make a false accusation of this nature? As my son reported it, and was given a reference number, does that mean that the Police are required to follow it up? It's not something I'm going to mention before the end of this current nightmare, but I am interested to know the situation. I suspect that they would just say 'nfa' on that, too!

My thoughts are with everyone here who is suffering at the hands of these unhinged, evil, creatures.

Thank you for reading.

[soulbug]

Hi , The police never seem in a rush to do anything IMHO , but I would guess that because the samples have been sent away for testing , then I imagine in their opinion they might as well keep the the investigations on going , or to put it another way , wait until the samples have been returned from testing , no evidence Plus withdrawn accusation , should hopefully equally N.F.A

[Neophyte]

Hi , The police never seem in a rush to do anything IMHO , but I would guess that because the samples have been sent away for testing , then I imagine in their opinion they might as well keep the the investigations on going , or to put it another way , wait until the samples have been returned from testing , no evidence Plus withdrawn accusation , should hopefully equally N.F.A

Thank you Soulbug. That's a comfort, and what I'm hoping, too. It does seem odd that the forensics weren't sent until about a month after the withdrawal, though. I'm hoping that it's because the Police are, from what I read, and hear, under instruction to leave no stone unturned in sex cases.

I shall update when I have anything to report.

Thank you again.