when do we need a solicitor

[worried.mum]

My 19 year old son was falsely accused of sexual assault at the weekend. He isnt worried as he said he didnt do anything and has nothing to hide, but I am concerned that he may still need a good solicitor despite being innocent.

He was arrested last night and bailed until 30th March when the police will advise him if he is to be charged. They gave him the impression that it wont go further. They took swabs from him for testing and he has several witnesses that were with him the entire evening when this was supposed to have taken place. My son is more worried about me than this going to court as he has faith that innocent people dont get charged...

What I wonder is, whether we should get a solicitor now or wait until 30th March before doing so. I dont even know if its rape or another form of sexual assault that she is claiming took place.

My son dosnt want to talk about it as he just thinks the DNA evidence and his witnesses will clear him...what do you think?

I am also worried that his name will appear in the local newspaper. Are they allowed to do this if the person hasnt been found guilty? It would cost him his job im sure, and his father would probably kick him out.

[Rights Fighter]

I suggest that you read the posts that are on this thread and you will discover what the advice is. You will then have an idea as to which direction you need to go.

[worried.mum]

Thank you rights fighter. I have been reading the other posts in this forum this evening and some are very positive and informative. I think I am still in shock to be honest. Its such an awful thing to be charged with. One thing I will say about the police though. My son said they treated him very well for the 2 hours they held him in the cells. They gave him food, a newspaper to read and continually checked that he was ok.

At first he didnt tell me anything but then his 17 year old cousin rang me, as she was worried about him, she witnessed him being arrested. He seems to be completely unphased by it. His friend said that he was gobsmacked as my son was by his side the entire evening. I am not sure why it even got as far as him being arrested to be honest.

I will wait until 30th before enlisting a solicitor. One thing I am worried about though, is his job. He has to be able to access schools, the airport etc and needs security clearance to do this, will an accusation of sexual assault prevent this even if he is found innocent?

[Rights Fighter]

It's good you have been reading the posts. I am surprised that you are feeling "positive" but pleased you feel more informed.


Your lad needs to find a solicitor who is experienced in false allegations, if this is what it is. No offence - obviously I know nothing about the case.

[worried.mum]

I suppose I meant 'positive' as taking comfort from not being alone in this situation, plus reading Ausieguys outcome.

My son is convinced it will be dropped. I hope so.

I will get good legal representation for my son if he is charged.

Do you know whats the normal amount of time between being charged and a court case?

[Rights Fighter]

It can be anything from a few weeks, to a few months to a year or more. Sorry I can't be more precise but that is the way it is.

You certainly are not alone - every day somebody who thought "it" would go nowhere is being tried for similar offences, and most are convicted unfortunately.

If your lad is not guilty then he needs to start looking now for advice. Some solicitors will not talk to him until he is charged. He may need to pay for pre charge advice as there will be no paperwork forthcoming from the police or CPS.

Therefore the "advice" will not be based on what the charges are, until or if he is charged.

[worried.mum]

Right, I have just spoken to my son and the charges are that he kissed a girl and tried to put his had up her top...when in reality he did kiss her with her consent but when she admitted she was only 15 he pushed her away and said this was out of order. This was witnessed by the security guard and about 20 teenagers. She was very drunk. She told my son and his friends she was 17 when they met her, she came on to him and he kissed her, she put her tongue in his mouth, then he said are you really 17 and she said no, she was 15 and he said, that it was wrong and stopped...which she then got upset about and called the police, As I say he had loads of witnesses, both to her telling him she was 17 and then his reaction to her saying she was 15. It didnt get further than a kiss and he says he didnt put his hand up her top. I do beleive him as he is a shy lad with women.


The police have said it will more than likely not get to court & advised him to not drink so much in future.

He freely gave swabs for DNA testing, he did refuse legal representation at the time.

Thank you for your help and advice.

[Rights Fighter]

The police are anxious to reach conviction targets - do not expect them to question any possible defence witnesses. If they do and they do not help the defence case those statements will be held in what is known as "the unused bundle" which holds evidence that could undermine the case for the Crown.

If and when a solicitor is instructed then they will need to talk to those witnesses.

How soon after the alleged assault were the DNA swabs taken from the complainant? I find it odd that she would walk straight into a police station (if it's the kiss) and ask to be DNA tested so soon after the event as a drink or food could remove all traces. However as your lad agrees that there was a kiss then his DNA would be found, if she did that, in any event.

Very odd!

[Saffron]

Good lord, this sounds ridiculous to me. He kissed her and tried to put his hand up her top? Blimey, if I reported that to the police every time someone did it to me I would have spent quite a large proportion of my late teens in the copshop!
It seems that there are impartial witnesses to the fact that she willingly kissed him...but even so, I would advise you to have a word with your son to try and impress upon him the seriousness this allegation could have. If he ever needs an enhanced CRB check, (for jobs such as working with children, or the vulnerable) this will show up, regardless of whether he is charged or not. NFA means just that - No Further Action. It could mean that the police thought the allegation was false, or it could mean that there is simply insufficient "evidence" for them to press charges. Regardless, it will still show up on his record, and there will not be a caveat to say that the police thought the allegation was false. Plenty of genuine sexual assaults/rapes are NFA'd because there isn't enough evidence, just as many false allegations result in convictions. Blind faith in the justice system is one of the first mistakes we made!

DNA testing is standard for anyone accused of a crime such as this. an oral swab is usually how it is done - DNA is contained in every human cell, not just genital fluids or hair.

I sincerely hope that this doesn't go any further, but regardless, your son needs to take all of this a bit more seriously.

Good luck, let us know how you get on.

[Rights Fighter]

And as we know allegations are added to as they go along.

It is a ridiculous story Saffron but if you had read some of the paperwork I have had you'd be astonished at the physically impossible positions that these accusers claim to have been in - and the jury actually believe them!

[Unregistered]

Yes, I have tried to impress the importance of this charge on him. He musnt have blind faith in being found innocent just because he is.

The thing is he was also drunk when he gave a statement at the station. I am confused that they allowed that to go ahead.

If he is charged and convicted would this carry a prison sentence. My son isnt the sort who would cope in a cell. Not that many people are but he is a young 19 year old, and would be a target in prison.

To be honest he tried to commit suicide when he was 14 after being badly bullied at school and I am so scared this will cause him to get depressed and suicidal again.


Like yourself there are many times I can remember as a young teenager that a lad may have kissed me, I wouldnt have called the police and feel shocked that this has happened to my son.

The police were already on the site as it was a rock concert and the girl just went over and told them and then pointed my son out to them and he was arrested. He protested his innocence along with his friends who were with him, he was completely shocked and thought it was a wind up at first. Then when he was put in the car, it started to hit home. The police were reassuring to him, told him its unlikely to result in being charged, but he was interviewed and has been bailed to the 30th March...this is going to be the longest month for all of us.

thank you for this forum, its good to have somewhere to let out my thoughts without being judged.

x

[worried.mum]

That was my thoughts too. Completely blown out of proportion, but I think the angle here is the fact my son is 19 and the girl is 15. She told him that she was 17 but when she admitted her age my son rebuffed her. He has admitted kissing her to the police but not trying to put his hand up her top as soon as he discovered her age. I just dont understand why she has done this.

Thanks for all your help Rights Fighter and Saffron. I would be keeping this all pent up inside if it wasnt for this forum.

I posted as unregistered my last post...as I couldnt remember my password...so this one follows that one..

Do you post on SWAB site as well? I notice there is a legal advice forum on there and a Rights fighter post on there as well.

[Rights Fighter]

SWARB site - yes I do post there.

[worried.mum]

Do you mean that the fact he has been arrested for this, even if it dosnt end in a charge, he will lose his job??? He needs security clearance to work airside! OMG! I cant beleive this, its awful! Does he have to disclose this to his employer?

[Rights Fighter]

Sorry you are scared by this but it's best you know what to expect.

How well does he get on with his employer? Would he be able to outline the facts of the case to him or her?