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  • Son sentenced to 5 years, help/advise wanted

    I have never used a forum before so please forgive me if I get things wrong.

    My Son was convicted and sentenced on Thursday for grooming and having sex with a minor, unfortunately he did not tell any of his family prior to the end of the trial and he swore his friends to secrecy, he was convinced that he would be vindicated at the trial. Unfortunately he was not and was sentenced to 5 years in prison.

    A brief outline of what was said in court is as follows
    My son was arrested and accused of grooming and having full sex with a 15 year old girl, my son met the girl and her family at a mutual friends wedding, during the course of the evening he went to the toilet, on the way back downstairs he was kissed full on the lips by the girl, he laughed it off as he considered her to be drunk.

    A few weeks later he attended another wedding, he arranged to stay at his friends house for the night, he has known this married couple since college, after the wedding he went back to the house, in court the 15 year old girl alleged that she spent the night on the couch with my son kissing, her friend under oath denied this and said that she actually went upstairs to bed leaving my son and his friend watching tv and drinking.

    My Son is an avid football fan and he and his friends have season tickets, occasionally when somebody cannot attend a spare is available, on two occasions the 15 year old girl requested that she use the ticket, my Son drove himself, his friends and the girl to and from the match. It may seem odd that a group of older people tolerated a younger person in their group, but she was old beyond her years, regularly visiting pubs and clubs with her older sister and her friends. On no occasion did my son take her out.

    As is the norm nowadays this girl was included in the groups social media and lots of texts, messages etc were exchanged, to be honest my son is a text fiend he will text me umpteen times a day, especially when he is bored, the texts generally have little or no meaning and are usually banter.

    On the last day of the football season my son arranged a BBQ at his house, the plan was for a number of the group to watch the final games and enjoy food and drinks, the 15 year old turned up, his friends contacted him and said they were having a good time at the local pub and he should join them, naively as he was aware of the girls age and considered her to be just a friend he stayed at home.

    The girl alleged that she asked him to take her upstairs where they had intercourse, he strongly denies this. When the girl was asked to describe his bedroom she said it was simply furnished with a bed and a wardrobe, my sons room has a large sleigh bed, a full length wardroom, a 42'' Tv on the wall and a football team flag covering the whole of another wall, its quite an individual set up and not easily forgotten.

    At the end of the football match my Son drove the girl to the local train station, this has been verified using the tracker data from his vehicle, the girl said that he drove her to her home approximately 1 hour later than the data proved, this data was shown to the court.

    After a few days my Son confided in his friends and work colleagues that the banter between himself and the girl was worrying him and that she had started to worry him, his friends advised him to block her calls and also ignore her on social media which he did,

    a few days later the girls mother confronted my Son and asked him what had been going on as she had seen a text message from the girl to my son saying she loved him, he tried to explain the situation he had found himself in but the conversation became heated and they both hung up their phones.

    A few days later my Son was arrested and charged with grooming and sex with a minor, as he had never been in trouble with the police before he took the advise of the duty solicitor and gave the answer 'no comment' to all their questions, when the interview was played in court the Judge told the jury to disregard the no comment interview, the police officer in charge of the case turned her head to the Jury and raised her eyebrows.

    In court the contents of the texting, number of texts etc was discussed, the prosecution said that the girl had 2 phones which had been used, unfortunately one had been dropped down the toilet! and the other which her mother had seen the 'I love you' message on had been factory reset by the girls mother! My Sons phone had been seized by the police approximately 3 months after the initial interview, therefore he would have had sufficient time to destroy the phone if he wished, he willingly provided the password as he was aware that it would not have been difficult to retrieve data from the phone ( he works in IT) and he did not want to obstruct the police,

    in court the police admitted that they had lost the password and had destroyed data on his phone, at no time did they contact him to ask him the password, the officer in charge of the case said that one of her colleagues may have tried to access the phone. The only info provided by the police was as to the phone bills indicating the frequency of texts.

    During the judges sentencing he accused my son of deliberately withholding details and that in his opinion the texts had a sexual content The girls mother when acting as a witness was asked what she thought of my son, she said that he was a really nice person and was only unhappy about the 'I love you' message sent by her daughter.

    The Judge was brutal in his summing up and he said my son had deliberately groomed a child ( he used the word child several times) with the intention of having sex, he sentenced him to 5 years on the charge of grooming and 5 years on the charge of sex with a minor to run concurrent.

    We are all devastated by what has happened, his barrister was in tears in the private room we were taken to.

    Can anybody give advise?
    Last edited by Casehardened; 7 February 2016, 06:18 AM. Reason: Split into paragraphs for easier reading and understanding

  • #2
    Hi

    I'm so sorry you had to find this forum,and that your son kept this terrible situation from you when he needed so much support from family,and his friends sworn to secrecy, I can't offer any advice, but you will get help and support off members on here, it must be frustrating for you and frightening but keep reading other people's experiences it will help you

    Comment


    • #3
      Really really sorry you find yourself here. I've never heard of the no comment thing before, I suppose it might make you sound guilty. How old is your son if you don't mind me asking?

      Sorry have edited as I'm sure he's ISN'T guilty I just mean from a jury point of view. The parents of 15 year olds who let them swan off with older friend irritate me immensely. It's a similar sort of thing with my OH a younger girl hanging out with an older group, it's annoys me that in his late teens it was suppose to be my OHs responsibility to call the police when she kept showing up at his and one time he didn't he got accused of rape. This girls mother should be accused of bloody neglect! Sorry for this situation you must be in hell
      Last edited by Lilyput; 6 February 2016, 09:39 PM.
      Who you become while you are waiting is as important as what you are waiting for -Nicky Gumble

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      • #4
        My Son is now 30, he was arrested in June 2014.

        Comment


        • #5
          Is this historic or recent? xxx
          Who you become while you are waiting is as important as what you are waiting for -Nicky Gumble

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          • #6
            Originally posted by Lilyput View Post
            Is this historic or recent? xxx
            Sorry not sure what you mean, hope this helps, he was convicted and sentenced on 4th Feb 2016, he was arrested in June 2014 and repeated bailed.

            Comment


            • #7
              Sounds like it's pretty tricky being an a appeal and a large age difference. I'm sort of new here too and no expert. Rights Fighter and Case Hardened are fab at legal things and they are online most days so should be able to offer some more useful advice. You've definitely come to the right place to get advice
              Who you become while you are waiting is as important as what you are waiting for -Nicky Gumble

              Comment


              • #8
                I have no legal advice either just to offer some sympathy for your situation.
                My Oh wasn't convicted of grooming but now released, his probation officers are going on anad on about that's what he did.

                the sad part to me is that something as harmless as family outings are now sinister, i sent one of my grandson's friends a message on facebook, purely about a meeting time for a laserquest session we have tickets for then I sat in a panic wondering whether i was going to be accused of grooming too,
                Now I'm very reluctant to take his friends anywhere as everything we have ever one is now classed as grooming. Sickens me to the core.

                Was there any forensic evidence??
                They tried to bury us- they didn't know we were seeds

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                • #9
                  No forensic evidence, no phone or computer evidence, just the mothers word that she had seen a text saying 'I love you' sent from the girls phone which was conveniently factory reset by the mother! The girls other phone 'accidentally' dropped down the toilet. My sons phone was seized by the police six month after the allegation, he gave the police his pin number etc, they somehow messed up the pin and one of the investigating officers colleagues tried to access the phone sim using a PUK code which he had not asked for, he just used random numbers, after 10 attempts he wiped all the data, they did not follow protocol as advised by ACPO good practice guide for computer based electronic evidence, they did not keep an audit trail The girl has been proved a liar by the evidence given by her friend under oath and by data provided by the tracker system on my sons car. My son has been stupidly naive and trusting , we accept that, what we cant accept is his conviction.

                  Comment


                  • #10
                    The investigating officer sounds extremely dodgy hopefully if a phone was wiped without it even being looked at you'll have grounds for an appeal. Do you know your son's facebook password maybe some messages on there would prove his innocence?
                    Who you become while you are waiting is as important as what you are waiting for -Nicky Gumble

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                    • #11
                      Also keeping track of the accuser's social media activity can be invaluable. I found my OH's accuser genuinely liked a jokey status saying 'I will forcibly have sex with anybody who doesn't share this link LOL' the same month she gave her statement. There are lot's of little things a false accuser does that a true victim wouldn't, that together paint a full picture.
                      Who you become while you are waiting is as important as what you are waiting for -Nicky Gumble

                      Comment


                      • #12
                        Originally posted by Lilyput View Post
                        The investigating officer sounds extremely dodgy hopefully if a phone was wiped without it even being looked at you'll have grounds for an appeal. Do you know your son's facebook password maybe some messages on there would prove his innocence?
                        No Idea of his facebook password unfortunately, his laptop was on his coffee table when he was arrested and is still there, he hasnt tried to hide anything, the police did not ask to look at his laptop or for details of any social media he used.

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                        • #13
                          What an awful situation to be in, to be convicted of something (intercourse) that didn't happen!

                          Unfortunately through no fault of your own (as your son didn't confide in you) most of the advice we might have offered is too late: all the evidence (or lack of!) has been put before the jury and they have concluded that intercourse occurred (therefore in view of her age an offence had been committed)

                          Therefore the only way forward is an appeal with evidence that was not available at the time of the trial (Rights Fighter is our acknowledged forum expert on appeals; I have split your post up as she has difficulty in reading large blocks of texts, hopefully she will now be able to comment)

                          Did his barrister offer any opinion on the possibility of an appeal after the verdict?

                          Originally posted by Mikeg View Post
                          No forensic evidence,
                          The lack of any forensics is unfortunate: you mentioned that several (?) days elapsed between the day that the girl alleged the incident occurred and when it was reported to the police so that any medical examination for his DNA would probably be irrelevant, but was his bedding tested for her DNA.

                          Once again, the fact that the girl (or her mother) didn't report immediately is unfortunate as it would be expected for DNA traces to disappear after a week or so due to having gone through the washing machine etc.

                          Due to the lack of forensics due to the passage of time, the case has been treated as historic, therefore based solely on witness statements; therefore the no-comment interview (and I appreciate he took the duty solicitor's advice) was perhaps an unfortunate decision: the public's perception, derived rightly or wrongly from TV drama, is that 'no comment' interviews equate to guilt.
                          'What doesn't kill you makes you stronger'

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                          • #14
                            Originally posted by Mikeg View Post
                            No Idea of his facebook password unfortunately, his laptop was on his coffee table when he was arrested and is still there, he hasnt tried to hide anything, the police did not ask to look at his laptop or for details of any social media he used.
                            Most people are honest with the police as they trust the authorities unfortunately, so it's probably best the police didn't have access to messages because they would likely 'lose' anything helpful to the defense (you all have made me cynical, not happy about this lol) but if anything new comes up it might count as 'new evidence' in your favour so maybe worth asking him for his password?

                            Hope your okay xxxx
                            Who you become while you are waiting is as important as what you are waiting for -Nicky Gumble

                            Comment


                            • #15
                              Originally posted by Casehardened View Post
                              What an awful situation to be in, to be convicted of something (intercourse) that didn't happen!

                              Unfortunately through no fault of your own (as your son didn't confide in you) most of the advice we might have offered is too late: all the evidence (or lack of!) has been put before the jury and they have concluded that intercourse occurred (therefore in view of her age an offence had been committed)

                              Therefore the only way forward is an appeal with evidence that was not available at the time of the trial (Rights Fighter is our acknowledged forum expert on appeals; I have split your post up as she has difficulty in reading large blocks of texts, hopefully she will now be able to comment)

                              Did his barrister offer any opinion on the possibility of an appeal after the verdict?



                              The lack of any forensics is unfortunate: you mentioned that several (?) days elapsed between the day that the girl alleged the incident occurred and when it was reported to the police so that any medical examination for his DNA would probably be irrelevant, but was his bedding tested for her DNA.

                              Once again, the fact that the girl (or her mother) didn't report immediately is unfortunate as it would be expected for DNA traces to disappear after a week or so due to having gone through the washing machine etc.

                              Due to the lack of forensics due to the passage of time, the case has been treated as historic, therefore based solely on witness statements; therefore the no-comment interview (and I appreciate he took the duty solicitor's advice) was perhaps an unfortunate decision: the public's perception, derived rightly or wrongly from TV drama, is that 'no comment' interviews equate to guilt.
                              Thanks for all your comments, my son has telephoned his Nan this morning, he has no money on his pin yet so he is using her as a point of contact for us all, he ok but says it's a s##t situation. He has informed his solicitor to release all files to me and says he has nothing to hide, I must admit I was concerned that there might have been something in the files that he didn't want me to see, but no so now we can crack on with what's going to be a long fight. In my opinion the prosecution have used the complete lack of evidence to their advantage and played on the emotions of the jury to find my son guilty.

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