Another Falsely accused of rape

[Madison512]

My 20year old autistic son has been falsely accused of rape. To make things worse he gave a false statement because he didn't fully understand the seriousness of the accusation, he told me he was scared he would get in trouble because he had sex with a girl outside. We have now got to make a new statement . I feel that the police and solicitor should have had me present when my son made a statement. Wondering what views you all may have no this.

[innocentson]

Hi there : so sorry to see another member but welcome : but as a mother myself who used the support on here for our son's case (unanimous NG thus time last year) I know you will get lots of support from members on this site going through various stages of similar circumstances.

I'm not sure what additional support should be available to your son due to his condition but it sounds unfair at the very least ....

There are a number of stickies on this site on what to expect next.... suggest you start reading through

My initial guidance is start recording everything: timeline of events, witnesses etc and review it with your solicitor before the police. The latter (tend) to only work on developing a case to charge.
And if you haven't already : identify good legal support (especially if he has been charged) but even if pre-charge: it's worth trying to identify legal support in case its needed later.

If you state which area your in I'm sure You will get good guidance on best solicitor near you.

Stay strong and reassure your son that you will get through this ; but forewarned you need to be strong and fight to prove his innocence .

Best of luck and hug in the interim
Innocentson

[Madison512]

Thank you

Thank you so much for your reply. I have already started to do my own so called investigations and my son is having councilling this week as he is so broken right now. Trying to get the duty solicitor to even return my phone calls is proving difficult. Because my son hasn't been charged as yet, I am unable to get advice from another solicitor until he is charged. Can't afford to go private unfortunately . I am totally devistated right now but I'm sure this site will be so helpful for us. X

[Madison512]

Area for good solicitor

We are in the east midlands area .

[Franticwithworry]

I am guessing at this, so please don't take what I say as fact but check it out. Firstly, it's good that your son has the opportunity to make a second statement and essential that he has a specialist solicitor with him. You'll find recommendations on this forum if you need them.

Now, I do know that children and those with mental health issues are meant to have a responsible adult with them when the police and similar authorities are involved. If the police and original solicitor didn't know he was autistic, it explains why that didn't happen.

Does your son have an official diagnosis for autism? I would think that if he does, it means that the police have to treat him differently and with more care. Again, I don't know the details, but please take a look at the Mind website. They have a section on this very thing. Also, don't minimise your son's issues, make the most of them. The prosecution and police will use every trick in the book to get a conviction. You, your son and his solicitor need to use every tiny scrap of information at your disposal to defend his behaviour; information from his school and doctor may well be relevant. His capabilities and abilities add a whole new layer to what is happening.

You know him best and what he can cope with. If possible, get him to remember and write down everything that happened before during and after this incident. It's a terrifying experience for anyone affected by a false accusation and I expect all the more so for someone who understands what's happening less than most people and has a child-like view of the world.

to you and your son.

Just saw your post regarding private legal help. There are good specialists who do legal aid and you don't have to stay with the duty solicitor from before. Hopefully RightsFighter will come in with a more specific suggestion but feel free to look through her posts. She often has things to say about whom best to choose, and there is a sticky thread with recommendations but I can't get it to link to my message. Sorry.

[Lucky]

I think from what you say in your posts, your son should have been entitled to an appropriate adult in the police station, and at least some referral to the relevant medical agencies.

Am sure your solicitor will resolve this

[Madison512]

how many men are suffering

Thank you for your reply. Any info etc is so appreciated right now . I have had to get proof of my son's condition and hopefully will be able to make a new statement appropriately. It seems that this much older female is claiming she was too drunk etc. Apart from being so devistated at the thought of my gentle inoffensive son facing a prison sentence , I am horrified what I have learnt this past week. How can so many men be so easily accused of rape. I'm ashamed that I have been so unaware of this until now. What ever my son's outcome , I will not settle and sit back while this is happening to others. Thank god for this site. X

[determinedmum]

Thank you for your reply. Any info etc is so appreciated right now . I have had to get proof of my son's condition and hopefully will be able to make a new statement appropriately. It seems that this much older female is claiming she was too drunk etc. Apart from being so devistated at the thought of my gentle inoffensive son facing a prison sentence , I am horrified what I have learnt this past week. How can so many men be so easily accused of rape. I'm ashamed that I have been so unaware of this until now. What ever my son's outcome , I will not settle and sit back while this is happening to others. Thank god for this site. X

I am with you! I am so shocked to be part of this community, and that there is no support out there for those accused or their loved ones unless there is a conviction. It is so obviously wrong. My son has also been accused by a girl who claims she was incapacitated by drink, and the more I read the more fearful I am for him as the onus seems to be on him to prove consent, which is a reversal of the justice system for every other crime (as far as I understand it).

As you said, thank god for this site! I too feel we need more advocacy yet the stigma of these accusations immediately gags those who would otherwise speak out. Deep breath, be strong - I hope and pray our boys will get a fair hearing!

[Madison512]

Thank you. How on earth do our boys prove she gave concent. It's actually very disturbing. I wish you and your boy the very best and know the heartache this must be causing you all. Thinking of you Xx