Allegation against my Son

[cth]

Hi Please Help,

My son has had a rape allegation made against him and was arrested and later released with no bail conditions set.

A duty solicitor was present during the interview. However no advice was given to him after the interview.

He gave a statement along with a witness.

He has had his mobile phone and clothes confiscated by the police.

He only has income from his job no other assets.

He needs legal advice and a solicitor that supports legal aid in the North West of England.

[experience3]

Hiya,

Ok there is a bunch of standard advice we give on here - apologies if I have forgotten anything - someone else will pick this up.

Ok so in terms of the process - it is now over to the police and to say the least they do not like to rush themselves. The "investigation" (if you can call it that) will likely take about 12 months. Due to some recent rule changes it is hard to give you hard and fast numbers as to how long it will take. what used to happen is that the police bailed you for 3 months and then rebailed you for 3 months 2-8 times. However they arent allowed to do that any more so they are tending to release without bail these days.

There's a girl on here called rightsfighter - she is the expert on solicitors but her advice is likely to be that there is no point in changing solicitors before charge. In truth all your solicitor is reall empowered to do right now is ring the police periodically and ask them for an update although many are even reluctant to do that. Your next struggle may well be to find out in a few months from now where the police are with their investigation - note the police often "forget" to tell you if/when you case has been marked NFA (no further action).

That said, there are some things you should do in the meantime bear in mind that the police are convinced of your sons guilt. They will not do a thorough and fair investigation.

1. Write down everything you know about the accuser
2. Write down everything he remember about the incident.
3. If there is any evidence that your son did not do this - then go and get that evidence - CCTV Facebook posts, whatever you can get your hands on (continue to do this over the coming months - particularly social media posts from accuser). Do not give any evidence you do get to the police - they will not investigate any faster and will ask the complainant if s/he wants to change their story.
4. Get your son down to the doctors and get him some happy pills - you are in this for the long haul and there will be good and bad days. Don't wait until later - do that now.

Sorry you are going through this - loads of us have been there. I myself have been on bail 7 months, the police have known full well for months its nonsense but they aren't rushing to NFA it.

Loads of good advice here on other posts and you can ask specific questions as well (though you might need ot put more details). However think twice about spending £££ on a solicitor who at this stage might be of very limited value.

[Rights Fighter]

Hi Please Help,

My son has had a rape allegation made against him and was arrested and later released with no bail conditions set.

A duty solicitor was present during the interview. However no advice was given to him after the interview.

He gave a statement along with a witness.

He has had his mobile phone and clothes confiscated by the police.

He only has income from his job no other assets.

He needs legal advice and a solicitor that supports legal aid in the North West of England.

Hi there!

I think we have been emailing each other. Did the solicitor answer the email?

[cth]

Hi

Thanks for the advice, my son already suffers from anxiety and has been under the hospital for treatment etc... The police read/or showed my son the statement made by the accuser, do they do that?

[cth]

Hi

No Email received as of yet, thanks for the support.

[Rights Fighter]

I've asked him to answer the email - I know he's read it. I think he's on duty at the moment but he will get back I am sure

The police read/or showed my son the statement made by the accuser, do they do that?

I don't think they are supposed to actually show the accused the statement. The interviewing officer will read it to him or read parts of it, to him.

Were you in the interview as his appropriate adult? I think he should have had one given the problems he has.

Also have a look at this page

http://www.daftmoo.org.uk/mooforum/s...at-happens-now

[cth]

Hi,

When the police arrived at his address(6 officers, riot van, and a police car). I understand 2 officers took him into the kitchen on his own. His mother was at his home and was not allowed to go in the kitchen. He was then escorted upstairs to handover his phone and clothes that he wore.

He was initially put into the van and then moved to the car(he sat on his own in the back of the car).

His mum advised the officers of his condition and gave them his medication. She asked if she could go to the station and the officers refused.

We understand he was seen by a doctor at the station and a duty solicitor was present during the interview.

From what he has told me, the statement given by the accuser, fails to mention anything from that evening apart from the allegation. No mention of before or after.

[Rights Fighter]

Our legal advisor has now emailed you, copying in a recommended solicitor in your area, so check your emails.

May I ask how old your son is, please?

[cth]

He is 20 years old

[Rights Fighter]

If you have had the email back you will see that due to your son's condition it's likely he should have had an appropriate adult.

If you can answer Harvey in the email and give him what other details you can, that would be helpful. Don't forget to "reply to all"

[cth]

Email received from the Legal Advisor.

[Rights Fighter]

I've just had the emails you've sent to him. Well done! YOu've given us lots of info in those emails. Please be guided by Harvey from hereon in.

[cth]

Thank you, just trying to take the pressure away from him for now.