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  • Help and advice needed, on bail without charge

    Hi,

    My son went to a friends house last week for a few drinks, some other friends were there as well. They had a good time and by the end of the night they had drunk quite a bit. His "friend" had been flirting with him via his phone on the run up to the evening and they'd kissed a few few times during the night. At the end of the night she invited him to stay in her small bed, which he did. She is now saying she didn't consent to sexual activities. He's had the police arrest him, seize his phone and been bailed without charge.

    Can they charge on one word against another and get a conviction ? There's flirty texts prior to the event. I'm going out of my mind. We've been to a solicitor.

    Any advice would be welcome


  • #2
    Hy my heart breaks for you I'm a mum in almost exactly the same situation..... My son was bailed and rebailed for 14 months its a living nightmare... I have been looking on here all that time and reading the posts its helped me loads to understand the way things work and then last night I plucked up the courage to post myself. . I truly understand how you are feeling x

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    • #3
      Thanks, my son is the most caring lad you could ever meet it's terrible. I'm a mental train wreck. He has told me the whole story and it's unbelievable that we're being put through this. You look on here and it is rife.

      Stay strong xxxxxxx

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      • #4
        Its terrifying to read all of these posts isn't it I can't bear to imagine how our boys are feelimg ....how can this be allowed to happen we are falling apart....hope you and your lad get a good result soon x x

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        • #5
          Hello, so sorry you have found yourself here!
          Unfortunatly I am no expert, I myself have been wrongly accused and have also found myself on here!!
          Sadly i think they can use 'someones word' as evidence...and the police will probably believe her etc
          This is just the way it seems (sorry to be so blunt!)

          Ok so the good news is, you will get all the advice and support you could ever wish for off this fabulous place!
          People like myself who have been falsely accused, partners of such people....also people who have been nfa (no further actioned) and sadly been charged all post on here!
          And they come from all walks of life, so you get a real spectrum of advice on here!

          My advice is just sit tight, keep posting on here and obviously keep supporting your son as much as you can x

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          • #6
            Happy and friendly text messages AFTER the alleged event are far more helpful than any sent before. Maybe check on her Facebook if she has one, to see if she's posting anything helpful there.
            People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

            PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

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            • #7
              Theres posts about going out, happy banners etc as if life's normal as we are put through hell ???

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              • #8
                Doesn't help unless she claims she's living like a hermit and never goes anywhere
                People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

                PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

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                • #9
                  Welcome and sorry to read of your ordeal.

                  You will receive lots of helpful advice on here as well as support.

                  I hope the investigation will conclude shorlty for you. Keep posting.

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                  • #10
                    Hello, sorry to hear of your son's terrible predicament. I have read that unfortunately someone can be convicted on one person's word against another. They don't even necessarily need medical evidence. It will come down to who a jury will believe if it went to trial. Even when there is no other evidence apart from her statement, the Police state that is evidence in itself when we all know people do tell lies.

                    Can your son think of any motive why this girl would do this? Its an awful thing to do to someone.

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                    • #11
                      Can't sleep tonight, sat up going through things. The girl had recently split from her boyfriend and is maybe doing a cry for help. Doesn't help us tho. Will the police contact us before the bail date or charge him before we reach the day we have to go back to the police station. Another question, can he request I'm present in the room when he goes back as a representative. When you do return on bail, what happens ?

                      This is the first time I've not been able do anything and it's so, let's say, frustrating. I'm climbing the walls.

                      Thanks for all the messages to date guys x

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                      • #12
                        My heart bleeds for you as one mum to another.

                        Yes sadly they could convict on one word against another BUT if it gets to court that's where you get the benefit of 12 people wth enough sanity between them to sort fact from fiction.

                        AND you are here where you can get good advice and support.

                        However "friendly" the police are do not see them as friends. I fed them information that should have been enough to make it clear daughters allegations were false. It somehow still got to court but the not guilty verdict was unanimous within an hour. Document any information you have to support your sons innocence and keep it secure in case you need it.

                        I couldn't be with my son when he was questioned. He was in a cell for a few hours then questioned for a few hours. See if he can take a book to read in case he ends up waiting. Not sure if he could keep a phone in a cell.DON'T let him be tempted to be interviewed without a duty solicitor because he is innocent and has nothing to hide. He needs the support and protection even if the process takes longer.

                        Make sure you have someone with you while he is being questioned. The not being there with them is really tough.

                        I don't know whether I can be private messaged yet but if I can and it helps feel free to message me.Be cautious as to who you share this with. I think most people are realising false allegations are getting more common, but the " always believe the complainant " is akin to " the world is flat".

                        Our barrister was brilliant at trial and daughters story fell apart. I hope it all drops soon for you but your may need to brace yourself for a rocky ride.

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                        • #13
                          Originally posted by carrot tops View Post
                          I think most people are realising false allegations are getting more common, but the " always believe the complainant " is akin to " the world is flat".
                          I think that police have been told to always believe the complainant because in the past they didn't and lots of genuine rape victims were treated terribly or not believed, which resulted in a huge number of rape never being reported. It is slowly improving now that victims know they will be taken seriously.

                          Sadly that doesn't help when the 'victim' is lying and that's where you hope the legal teams and juries can spot the difference. I hope all goes well for you but i don't think we should return to a world where a rape victim gets treated with suspicion before an investigation has started. Let the courts prove her wrong if need be, but coming forward is terrifying for a real victim.

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                          • #14
                            Well said STMO. The biggest enemy of the genuine victim is the liar.
                            People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

                            PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

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                            • #15
                              Originally posted by Rights Fighter View Post
                              Well said STMO. The biggest enemy of the genuine victim is the liar.
                              The biggest enemy would be the rapist. But the liar comes next.

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