Son falsely accused

[slowdown73]

Hi, I've just read your thread. Really sorry to hear you are in this situation but there appears to be a lot of positives in your son's favour so try not to worry. It may be that the Police are keeping an open mind or might be investigating your son's accuser for making a false allegation. It's encouraging that the Police interviewed your son's friends as very often in these types of cases they will only interview people who support the allegation and are not interested in anyone who might undermine the allegation. I would presume your son's friends are fully supportive that there's no truth in the allegation? Also, the Police will have to make enquires with the accuser to establish why she has retracted the complaint and she could end up being arrested for wasting police time if there is evidence to support this.

I agree with you totally that it's unfair allegations like this can remain on someone's police check for the rest of their lives even though they are false. These types of allegations are very damaging to someone's reputation. I'm having the same problem at present. In my situation, it's been acknowledged the allegation made against me carried no evidence to support it and I have produced evidence to undermine my accuser which had led to him being investigated for fraud and making a false allegation but I have been told it may still appear on my DBS enhanced check which seems so unfair and wrong when I'm completely innocent. You may need to get your M.P. Involved and make a formal complaint against the Police once you get the outcome if they insist it will appear on a police check.

[Franticwithworry]

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.

I'm so sorry to learn that you and your (very young) son are dealing with this. It's a dreadful horrible waiting game, all the worse when the claimant has withdrawn her complaint. It makes no sense that the investigation should continue, but I'm rapidly learning that common sense and complaints of a sexual nature do not go together.

I share your deep shock at the notion that a false allegation arrest remains on one's record for ever. Personally, if no further action is taken, I see no reason why a person's record shouldn't be wiped completely clean as a matter of course. The trouble is the CPS never say 'no evidence' they only say 'not enough'.

It isn't just false accusers who ruin people's lives; the CPS, who pursue prosecutions with no evidence but a complainant's word, and the system that keeps records that ruin a person's reputation unnecessarily do a pretty good job too.

I hope that everything turns out as well as it possibly can for your son - as soon as it possibly can.

[Neophyte]

Thank you all. It's certainly taking its toll on my son, and the rest of us. While this is ongoing we've effectively grounded him, which is something he's really struggling with, and it's causing considerable strain on our family relationships. He has the innocence and idealism of youth on his side, and his view is 'I haven't done anything, why can't I go out? It's entirely unfair'. Our response is 'yes. It is entirely unfair, and we're only doing it to protect you'. People in his school know about the allegation, and we don't want him to be at risk of meeting anyone sympathetic to the FA's claims (although, as far as we can tell, there aren't many).

Once it's over we will be contacting the MP, and the Chief Constable, asking for his record to be expunged. It is scandalous that anyone, anywhere, can make a false allegation against any random person, whether they've ever met them, or not, and with a quick phone call have them arrested, terrified, interrogated, humiliated, detained, and recorded as having been arrested for a sex crime for the rest of eternity. And, the fear continues for months, and months, and longer. And, when they say 'sorry, I made a mistake', there are no consequences.

Thank you again.

[Neophyte]

Hello again,

Firstly, to update you all, the OIC has called me, and said that my son's case is NFA. This is obviously great news, and we're all delighted.

On the timescales that some of you here endure, this is relatively (although it doesn't feel so) quick - three and a half months.

Oddly I don't feel the relief that I would have expected. I think this is partly because there was never any doubt in any of our minds that this wouldn't be the outcome (apart from the fear of some surreal miscarriage of justice). But I also think it's because of what the OIC said on the phone. They said that the case is NFA because the officer responsible for the collection of forensic samples from the FA made an/some error(s), rendering the evidence inadmissible, so consequently the decision is based on 'insufficient evidence'. As the FA has withdrawn, I was told, they are unable to request further samples, and therefore we should 'just move on with our lives and forget about it'.

We were all banking on the forensic results indicating that no sexual contact (or any other contact) had taken place, and now, it seems, we will never get this.

I have been reading the other threads here, regarding prosecution of FAs, with deep interest. This development somewhat erodes this possibility. However, I remain pretty resolute that the FA needs to appreciate the consequences of her despicable lie.

But, for now, we're all going to sit back, and heave a sigh of relief.

Thank you all for your support, advice, and general 'being there'. It has been hugely appreciated. The members of this forum are a wonderful bunch. To any of you still enduring these nightmares, may everything be resolved for you very quickly.

[Meggy06]

NFA that's good news, your son can breath at last.
I hope you can now get on with your lives, cook an Xmas dinner make up for the one that got ruined. it's hard to read how so many lives on here get ruined over lies.
I admire the amount of support every one gets on here.

Good luck with the future, xx

[Casehardened]

This NFA seems to have slipped under the wire so here are the traditional bananas....

You are obviously less than enthused about the way this occurred but, by way of cold comfort, regardless of the reasons, the NFA letter will always grudgingly say something to the effect of insufficient (even if there was none!) evidence.....CPS/Police speak for 'we gave it our best shot'

If you really feel strongly about this try for a 'No Crime' , search on the forum for advice from folks who have had a go at this.

[Franticwithworry]

I'm so glad to hear that this isn't going any further for you and your son, but sorry that you're not getting the clean slate and closure you hoped for. It's a broken system.

[Rights Fighter]

Great stuff!