Does He Bring a Solicitor?

[Desperatelyneedy]

HI all - thanks for reading. My husband has been accused of raping a family member in the 1960s when he was 11 or 12 and she was about 6 or 7. It is completely untrue, the family member is very mixed up and unhappy.

A few questions - does rape even apply at the age of 11? And it is all so long ago....

Secondly the police called and told him not to bother with a lawyer, that it was just a formality, to clear it off the system and to come in on his own. Which sounded a bit fishy to me but the policeman was so nice and friendly.

What should he do? Should he find a solicitor ASAP or go alone?

[sqounk]

HI all - thanks for reading. My husband has been accused of raping a family member in the 1960s when he was 11 or 12 and she was about 6 or 7. It is completely untrue, the family member is very mixed up and unhappy.

A few questions - does rape even apply at the age of 11? And it is all so long ago....

Secondly the police called and told him not to bother with a lawyer, that it was just a formality, to clear it off the system and to come in on his own. Which sounded a bit fishy to me but the policeman was so nice and friendly.

What should he do? Should he find a solicitor ASAP or go alone?

Hi there. Sorry about your situation.
There is a separate thread about the age related things - not sure where. Someone will be along to advise you I am sure. He MUST have a solicitor and has the right for a duty solicitor to be appointed to him. They have to by law offer this. The fact that an officer has advised this is highly...well irregular. May be genuine but I just wouldn't go in without a solicitor. Hope that helps.

[Aidy]

Hi, welcome to the forum!
YES!!! You definitely need to take a solicitor in with you!
And I would suggest one who is a specialist in this field!!!

Police did exactly the same with me, and arrested me when I arrived!

Do NOT trust the police...EVER!!

[Desperatelyneedy]

Hi there. Sorry about your situation.
There is a separate thread about the age related things - not sure where. Someone will be along to advise you I am sure. He MUST have a solicitor and has the right for a duty solicitor to be appointed to him. They have to by law offer this. The fact that an officer has advised this is highly...well irregular. May be genuine but I just wouldn't go in without a solicitor. Hope that helps.

Thank you so much for replying - going out of our minds here.

We cannot decide if the policeman saying that is good (ie, this is trivial don't worry) or bad (we are trying to catch you out).

[sqounk]

Thank you so much for replying - going out of our minds here.

We cannot decide if the policeman saying that is good (ie, this is trivial don't worry) or bad (we are trying to catch you out).

I'm sure some of the more experienced members will be able to advise you too. I think most people would say to be very careful. If you go without a solicitor and they interview him he can request a solicitor. It is always advisable to have a solicitor. When I went for my interview the police who brought me in advised me to. They were decent guys to be fair. It may be that the police guy who phoned your husband was being completely genuine but for your husbands own protection I think most people would advise having a solicitor present.

[Franticwithworry]

Many people manage an initial interview without a solicitor, it would be dishonest to tell you otherwise, but given that you have had fair warning of an interview and your husband haven't been arrested and taken unawares, I strongly recommend researching and taking with him a solicitor who is an expert in this field.

It's fraught with pitfalls, especially as it's so far in the past and you were allegedly so young. Take full advantage of all the advantages you have - pre-warning is a great thing if you have it as its better to be prepared than not.

Don't be taken in by the police either. They will try and are trying to fool him into a false sense of security. An allegation against him of a sexual nature is a VERY serious matter and the police do not have the right to tell him that it's 'no big deal' and to suggest that he is 'just popping in for a chat to clear things up'. Even if they don't seem to be taking it seriously, it's important that he does. He will be formally questioned and it will all be official, make no mistake about that.

Get him to cast his mind back to when the allegation supposedly took place and remember all that he can. Think about why this allegation might have come from this particular person. Share all that with a solicitor who is an expert and experienced in this field - there are recommendations on this site. Make sure he goes to the interview fully armed with the that legal advice and support.

The police are looking for a conviction, not the truth and will rely on inexperience, naiveity and lack of awareness.

Again, get him to take experience with him, be aware of the seriousness of this, even if it goes away relatively quickly, but be prepared for this to take months to resolve, not just by a quick chat at the local cop shop.

[Jakwatts]

Many people manage an initial interview without a solicitor, it would be dishonest to tell you otherwise, but given that you have had fair warning of an interview and your husband haven't been arrested and taken unawares, I strongly recommend researching and taking with him a solicitor who is an expert in this field.

It's fraught with pitfalls, especially as it's so far in the past and you were allegedly so young. Take full advantage of all the advantages you have - pre-warning is a great thing if you have it as its better to be prepared than not.

Don't be taken in by the police either. They will try and are trying to fool him into a false sense of security. An allegation against him of a sexual nature is a VERY serious matter and the police do not have the right to tell him that it's 'no big deal' and to suggest that he is 'just popping in for a chat to clear things up'. Even if they don't seem to be taking it seriously, it's important that he does. He will be formally questioned and it will all be official, make no mistake about that.

Get him to cast his mind back to when the allegation supposedly took place and remember all that he can. Think about why this allegation might have come from this particular person. Share all that with a solicitor who is an expert and experienced in this field - there are recommendations on this site. Make sure he goes to the interview fully armed with the that legal advice and support.

The police are looking for a conviction, not the truth and will rely on inexperience, naiveity and lack of awareness.

Again, get him to take experience with him, be aware of the seriousness of this, even if it goes away relatively quickly, but be prepared for this to take months to resolve, not just by a quick chat at the local cop shop.

No No No....do NOT fall for the lies the Police are telling you...they love to say 'We just need to clear this up then the next thing your dear husband is doing 10 yrs!!!'
Do not EVER attend the police station for am interview without a solicitor.

I posted earlier that a friend of mine came across this on their Facebook news feed and he contacted them after a Xmas party malicious allegation. It wouldn't hurt to give them a call and I wish you luck.

Please always be on your guard and incidentally, I was a police officer of 18 years and am disgusted at how our Police operate now. I left to do body guarding in Malta so am aware of all the tricks they use to snare you. I was actually a fair officer unlike the majority of them now.

Good luck and here is the link for the company who have and are helping greatly my friend http://www.iwaswronglyaccused.co.uk

Jake

[Franticwithworry]

Jake, did you read all my post before replying and quoting it in full? I wasnt advocating attending for an interview without legal representation at all.

[Casehardened]

There is a separate thread about the age related things - not sure where. Someone will be along to advise you I am sure.

This may be the link that Sqounk was referring to:

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

[sqounk]

This may be the link that Sqounk was referring to:

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

It was! Thanks CH

[Rights Fighter]

If it's not too late to advise, he really MUST go with a solicitor regardless of what the police say.

Which area (roughly) will the interview take place? I ask as I might be able to suggest a decent solicitor in that area.

[Jakwatts]

Not Chris Saltrease by any chance 😉

[Rights Fighter]

I wasn't thinking of him as he is a private client solicitor. I was thinking more along the lines of a LA sol who is local to the police station. I was talking to the OP DepseratelyNeedy, not you.

What a strange question!

[Jakwatts]

Sorry..my humour after seeing the tribute to him under your page each time. No offence intended

Jake

[Lucky]

You should definitely take a solicitor with you.
Go with a recommended one local to where you are based.
There is a thread here with lots of recommended solicitors, and you will find some referred to in some of the posters signatures.

Good luck, and hope it works out for you both.