12 year old nephew accused of Rape (Scots Law)

[Loza]

Good Morning

im looking for some guidance, my nephew has been accused of Raping a family friends child he is not the only one being accused of this there is another boy who has also been accused. both boys have categorically denied this and we there family believe them but both boys have been charged pending an investigation. my nephew was 12/13 when this is supposed to have happened but was only approached by police and social work last June. he is now 14 and for the past 7 months has been house bound along with his co accused, all the kids in the area seem to be joining in on the stories and we have read many statements which do not make any sense even our lawyer stated he cannot believe it has gone as far as it has, and the boys parents do not believe this has happened. my nephew has 3 other siblings who have been placed on Child Protection as a result of this. his bail conditions state he cannot contact his accuser or be in the area where the supposedly attack took place. Social work have put a sanction that my nephew is not allowed around kids under the age of 16 without supervision. we are now hoping this will be lifted at the next meeting with them and the younger siblings will be taken off child protection. im asking that if this is the case would my sister be able to move back to her own house. as a result of all this she has had to move out and move into my mums with the younger kids and my dad has moved into her house with her son.

[Malkie]

What a depressingly familiar story, Loza, and I'm so sorry for your family's pain and suffering.

I can't really give you advice, but I do offer my support, being as I faced false accusations in Scotland, which resulted in a prison sentence and period of time 'in license' for me. I have only been out of prison for 2 weeks.

In my own case, I had to leave the village where I'd lived for 9 years, the day after I was arrested. Which left my partner and then 10-year old son in the house on their own. My partner was also charged with a 'related' case 10 days later, and part of her bail conditions couldn't be in the village - made homeless, at a stroke.

The thing that constantly frustrated us both was the lack of speed that things moved at. As well as the apparent lack of interest shown to what we thought were valuable insights into the whole case. I don't know which part of Scotland you're in, but I hope for your nephew's sake that it wasn't where we were; Social Services were a nightmare. We were lied to about so many things with regard to access that we seriously considered a private prosecution against them - it's still an option for us if we can get my convictions overturned. In your nephew's case, it smacks of SS's usual over-reaction. It's important to keep rational when dealing with them - and keep notes of everything.

Unfortunately, if you can't afford a top solicitor who is experienced in this type of case, you're going to be very much at the mercy of the legal aid system, which can leave a lot to be desired. Having said that, I met a chap in prison who was found guilty of similar cases as mine, although historical in nature, who could afford his own defence. It cost him £140,000 and he was still found guilty.....

The thing that money can't buy your nephew and your family is loyalty and support. Give your support freely and let your nephew know that you believe in him as that will be very valuable to him. I'm new on this forum myself, but my partner has been a member for quite a time now and I know she benefitted tremendously from the support and advice she got here. I know you will get similar levels of help yourself. I wish you, your family and particular your nephew all the very best of luck.

[Loza]

Hi Malkie

Thank you for your response and your kind words, it seem as of today the SS are doing a full 180 on this case my sister had a meeting with them this morning regarding my nephew and they were positive the reports from his school and other groups that are involved with him all more or less stated they cannot understand why things have turned out as they have, as we are in the Glasgow Area the SS are not the best so that its self is positive, I still don't trust them though I feel as though they draw you in and then pounce again.

they apparently only have till July to start court proceedings and well we have dealt with things for this long what's another few more month. the only thing we can do is wait, also the police officer dealing with the investigation spoke with my sister and asked what would happen to my nephew if the prosecution decide there is no case to answer, this we are left in limbo with as we have asked the question but have yet to receive an answer from SS.

the way things are looking now is once all is done and my nephew, who is your typical moody 14 year old gets up to mischief but nothing that's out the norm for kids from Glasgow, will have to move home as the community have been hearing the accusers stories but not ours as we have solely been focusing on protecting my nephew and his siblings, its a sad state of affairs but we will solder through and celebrate when both boys are cleared.

Thanks Again.

[Malkie]

You mentioned that they only have till July to start court proceedings - please don't count down the days till the statute runs out. That's what my partner and I did on my case - the DAY BEFORE the statute ran out to notify us of a court date was how long they took to inform us that there would be a case to answer in court. And then the prosecution asked for a delay as they couldn't find a prosecutor! So my trial actually started 15 months after I was charged, let alone within the year as is the case normally. There will be others on here who can advise from deeper knowledge of the law, but there are obstacles put in our way at every opportunity - delays and taking things to the wire (and beyond) appear to be quite normal.

Don't let the b******d's drag you down.

[Loza]

that's our thought we have prepared ourselves for the long haul with this as we will be fighting till the very end. we as a family have been preparing my sister for this to last long past the year, and she's preparing herself but its not easy. especially with it being children that are involved.

[AmandaF]

Someone else will answer this correctly but does Doli Incapax still apply?

The Scottish system is very different to the English one and as M said we thought we were out of time until we were suddenly giveb adate for the trial to begin but the system is so incompetent it took 3 attempts to (October, November and finally January) to get there.

I hope the news today that it is not automatic for complainants to be believed will help in a lot of caases.

I gather there was no forensic evidence?
Are they on facebook? If they are keep an eye on any pages they have,

Keep us posted

[Loza]

Hi Amanda

No one has ever mentioned Doli Incapax until till now. I don't believe it still applies in Scotland but I will speak with our Lawyer to find out. there is no forensic evidence and the child accusing has refused a medical, which made us suspicious in the first instance. my sister and her family have had such a really hard year, her Husband passed away at the very young age of 29 in March last year of bowel cancer leaving her with 4 kids, then this happens. the kids involved are all friends and have stated in there statements that my nephews younger brothers witnessed this happening, when we asked the boys they had no clu what we were talking about, the police have questioned them and both there statements are exactly the same they have no idea what everyone is talking about as there older brother did not play with them and there friends as he was to old. when reading the statements there stories change every few sentences, one minute they were there and seen it all then the next they didn't see anything, then they say they were told this happened so cant say for sure if it happened or not. its just a mess.

[Casehardened]

No one has ever mentioned Doli Incapax until till now. I don't believe it still applies in Scotland but I will speak with our Lawyer to find out.

Soulbug researched this fairly extensively: not sure if it applies in Scotland but from your OP the allegation was made last year so it probably wouldn't be relevant anyway.

http://www.daftmoo.org.uk/mooforum/s...0-Doli-Incapax

[AmandaF]

Thanks CH- wasn't sure whether that was still in existence at all. Never really had a handle on this.

How old was the girl involved? and surely the fact she refused a medical must have some bearing.

[Loza]

Hi Amanda

It's not a girl it's a boy that's made the allegation that's why we are confused by the refusal for a medical as surely there would be some sort of signs of penetration as he has stated that both boys penetrated. The child accusing comes from a family that are knowin in the area to be drug and alcohol abusers and we believe this is his way of getting attention. He doesn't realise what he has done as he still at the beginning of all the wanted to play around with my nephews younger brothers. Also most of the children who are supposed witnesses who's stories keep changing are the same. Also we have had to call the police on numerous occasions as the kids keep walking past my sisters house intimidating my nephew who keeps his head down and has had to change schools etc. It's a hopeless situation but we are a strong family we have felt with the loss of there dad together so we will continue to deal with this. The kids are amazing taking everything in there stride supporting there mum and big brother.

[Shah]

I so want to give you and your poor sister a HUG. Im so sorry that this is happening to the family, breaks my heart.
All I can say is that you have found us so you and your sister are not alone.

Lets hope this does not go on for too long.

[Loza]

Thank you shah
your support means so much to us as does M and A's. We r just glad we are a close family not many families we know have what we have. Xx

[AmandaF]

There definitely would be signs of abuse and if a medical exam was refused how can it be proved?

I wonder what reason was given for refusal?

Yep- sound similar to the families that accused us and to this day I cannot understand why the backgrounds of these sub-humans was never questioned.

What a god- awful situation.

All you can do is keep trudging through the quagmire, take one day at a time.

[Shah]

I think the word Sub-Humans describes anyone that makes a FA down to a T

My sons FA little sister of ex girlfriend, mother 3 kids two different fathers does not work sons ex terrified of her the son has nothing to do with her..

sorry off topic.. i just think that the SS are hypocrites because they will bend over backwards for the horrible nasty evil people and in doing so damage
the innocent !

[Malkie]

The SS that were supposed to be looking after the interests of our son when A and I were FA'd were the most blinkered of people I'd ever met. And he's still suffering from their imposed restrictions, the poor kid. And all the time the little b******ds that caused all the trouble - and who were known the SS as being trouble makers - swan about as though nothing has happened. The lack of indepth investigation into their lives was utterly shameful.