Does He Bring a Solicitor?

[soulbug]

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, I'm not sure if it has been mentioned as I have skipped to the reply button, due to it been late...

But please take a solicitor, please discuss Doli Incapax with the solicitor, I had a very similar situation, my solicitor told me to go No comment interview, my barrister, who was appointed later down the line also said she would of gone no comment.

My very similar situation almost went all the way to trail, I was told I was looking at a possible 10 year sentence.

I will post a link to my past posts on Doli Incapax in the morning.

Whichever solicitor your husband uses, discuss Doli Incapax, due to your husbands age at the time, he was under the age of 14 and presumed innocent, but it can be rebutted, the police will question your husband and try to access his state of mind at the time with regards to his moral understandings.

But no comment was the way forward for my situation, in the end after around 18 months, various appearances at magistrates and Crown Court and around 8k in legal fees the judge final throw the case out.

Do not dismiss Doli Incapax it is your husbands first line of defence, your 2nd line of defence is his word against the complaints word In a crown court case, where a jury of peers will have to decide who they believe.

Which ever solicitors you use, if they say Doli Incapax would not apply, swiftly move on as they do not know what they are talking about.

Chris Saltrease was my Solitaire and Tina Griffiths ( q.c) was my barrister.

[Rights Fighter]

DN - which police force area will the interview be in? If you can let us know we might be able to recommend a local one close to you who has experience in these matters.