Our worst nightmare is now happening

[Franticwithworry]

Because of what my son has said in his texts, it makes him look very guilty.
We have sat down and asked him to tell us everything, and not hold back for fear of hurting us, he said his ex was telling him he had raped her, she didn't consent, etc, and she convinced him that he had raped her, I absolutely believe he did not do it, but because he was so upset over finding out she cheated and her telling him he had raped her, he was texting his friends basically telling them what she was saying to him.
The solicitor has advised that based on the evidence (texts) a custodial sentence is going to happen, so his best option is to cooperate, show remorse and go for a shorter prison term, he said he should fall into cat 3b, which would hopefully be 5 years, with 30% off for showing remorse, admitting guilt, so 3.5 years serving half that.
Obviously I'm getting another opinion, but my son has said if he's going to be sentenced, he just wants the shortest possible term, he's scared of fighting for his innocence and ending up with a longer term.

But the solicitor hasn't seen his friends texts and from what you say, that gives a very different perspective. As Mr B says, looking guilty and being guilty are two very different things. Nothing is a foregone conclusion and your soon needs to fight for the truth to be shown. No-one innocent should just give in and go to jail for an easy way out. The repercussions will affect the rest of his life.

[Waiting to move on]

Hi everyone, I've not been here for a while, the trial date has been set for the summer, my son pleaded not guilty, he's decided that he will take the longer sentence if convicted rather than plead guilty for a shorter sentence.
This is such a scary time, it's not looking good for him, but we are going to fight, fight, fight, the rest of his life is at stake.
My question is how long does it take for the police to release evidence, they have his phone and the whole of his defence is going to be based on the text messages sent between him and fa, so far the police are not cooperating and I'm worried that they will only release them at the last possible minute not giving us enough time to prepare.
Also what about character references, are they taken into account with rape cases?

[Staystrong1]

Hi there

Sorry you are in this awful,predicament but you are a great mum supporting your son. There's no way he should plead guilty to a FA. Character witnesses are helpful in thes cases, certainly helped in OHs trial.the police can give disclosure right up to and at trial although they are supposed to give it at 1st opportunity. This doesn't and didn't happen at OH trial. However we did get late disclosure which greatly helped his case a week before trial and even some Day 1. You are right to fight and must ensure every detail no matter how small is given to your barrister which can help your sons defence. If you have any questions contact your solicitor as in these cases devil,is In The detail. Sending you positivity and well done a for getting through this. Keep going x

[Mr B]

WTMO
I am pleased you & your son will fight this. You need to as the FA will do this to another....

Put a watching brief on social media for the FA & screen shot it all. Back it up. There is a long time between now & the summer so the FA may let it slip...

Fingers crossed & eyes very much open for you.
Have a
Kindest regards
Mr B

[Waiting to move on]

Thanks Mr B and Staystrong, yes hoping we can gather more evidence before the trial, until you go through this nightmare it's hard to realise how stressful it is for the whole family, but we are strong and even though so days we don't feel strong we know whatever the outcome we will deal with it, and one day it will all be over.

[Peter1975]

My question is how long does it take for the police to release evidence, they have his phone and the whole of his defence is going to be based on the text messages sent between him and fa, so far the police are not cooperating and I'm worried that they will only release them at the last possible minute not giving us enough time to prepare.
Also what about character references, are they taken into account with rape cases?

Hi Waiting to move on.

Sorry to hear of yet another tragic story. I am rather shocked that the solicitor has advised a guilty plea and glad he plead not guilty. It's very simple, if you didn't do, never plead guilty. They still have to prove it before a jury.

Dates should have been set for disclosure of evidence at the PTPH (plea hearing) although they are not always adhered to as they like to give you less time to prepare. In a similar vein, evidence you collect may be disclosed late and used to "ambush" the defendant. It depends on how your legal team like to play it. A warning though, If there is evidence that can help your defence and it is not disclosed at the proper time the judge will not be able to award costs in your favour - there is a legal concept of bringing a trial upon yourself. As I understand it, costs are basically travel expenses. Private legal fees are lost forever unfortunately.

Character references are a good idea and incorporated in to the end of the defence case and referred to again in the defence summing up they can certainly help to balance the juries minds. - A warning here too - calling good character will automatically allow the prosecution to balance that with bad character and reveal any previous convictions. The same can happen if you wish to draw attention to the complainant's bad character I believe. Your solicitor will explain more. ( I am just learning)

And Mr B is dead right, screenshot that evidence.