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  • son falsely accused of rape and now charged

    I have been coming to this site since the nightmare began last November. My son was on bail, reporting monthly, from the beginning of November until last week when he was charged with rape and 2 sexual offences. Throughout the time up to being charged I remained positive and told him not to worry because I read only 20% of those accused are charged and I thought he would get NFA but now he has been charged I am starting to panic so I decided to join the site to seek advice and chat how I am feeling because I don't really have anyone to talk to.

    My son had been seeing his accuser for a few months and she had stayed at our house and she seemed quite nice. He really liked her although they had had their ups and downs and he was devastated when she told him a few days before the alleged rape that she really liked him but didn't want a serious relationship with him any more. I am very close to my son and could sense something was wrong but he didn't open up until the early hours of the morning when the alleged rape took place. He said he thought she was just scared after a bad experience and she was still texting and talking to him. I said he should just walk away but he said he needed closure and that if he knew she had been sleeping with someone else he could move on. He went to bed and I thought he would be in bed all day as was usual on a Sunday.

    My husband and I went out shopping and when we got back his car had gone so I knew where he had gone. He returned just as F1 was starting but went straight upstairs. An hour later the nightmare began when the phone rang and the accusers dad was shouting that my son had raped his daughter and she had put up a fight and he would be covered in scratches. I dashed upstairs and there was not a mark on him and he said "Mum I haven't done anything". I left the phone with him and then my son came downstairs and said her dad had said we would be getting a visit from the police and 2 others. We were in shock and didn't take it seriously but an hour later the accusers dad and another man turned up at our house. We refused to open the door and so while her dad was shouting at the window the other man started smashing my son's car with a scaffolding pole. Her dad then took a crowbar out of their van and I am sure he would have tried to break in if neighbours hadn't then come out so they drove away. We were in shock and shaking but mu husband managed to phone the police and so did my son who had heard the noise and recognised her dad.

    When the police came about the car just after 3pm my son gave a statement to the policewoman. He told her he was being accused of rape but he hadn't reaped her , there was just a bit of fumbling which was consensual. While they were fumbling her phone went off and he dashed to look at it and saw the texts which confirmed she had been with someone else. He was angry and snapped the phone then left but she is claiming that after he looked at the phone he raped her by forcing his penis into his mouth. The policewoman kept checking if any report had come in but it happened in a different police force area and they don't seem to communicate with each other so when she left we were in limbo. It was 10.30pm when the police arrived to arrest him.

    I realise I am rambling on but my son and husband don't really want to talk about it and we do not have any relatives nearby. My husband hasn't told his family. I have told my 85 year old Mum but it is hard to take in.

    My son's first appearance at court is in July where I think he just pleads not guilty then a trial date is set. There are other things to say but I can hear my husband getting up so I am logging off now and will post more later this evening when he has gone to bed.

  • #2
    I'm far too new to all this to be of any help but just want to send you a hug
    You are probably in shock right now and finding it hard to think straight. Make sure your son knows he is supported.

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    • #3
      Hello & welcome to the forum.

      Sadly quite a few of our members are, or have been, in just your situation so you will have understanding and support from them as well having someone to chat to about your fears.

      To help folks offer relevant advice is it possible for you to tell us if your son and his accuser had been having a consensual sexual relationship prior to the allegation and if they are both over 16.
      'What doesn't kill you makes you stronger'

      Comment


      • #4
        Hello mumneedinghelp,

        Sorry to read about this terrible situation, you can only try to stay strong, and make sure your sons legal team are up to scratch on these type of cases,

        Best wishes Sparks

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        • #5
          They are both in their early 30s. They had full consensual sex a few days before the allegation was made and on the day the allegation was made my son said they had both been accusing each other of sleeping with someone else so they were fingering each other and smelling their fingers to determine if they had slept with anyone the night before. That was consensual and nothing else happened afterwards. My son says that if her phone hadn't gone off they would probably have gone on to have full sex.

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          • #6
            Hii again,

            My question was to determine if it would be expected for your son's DNA to be found on/in her (I'm assuming she will have undergone a medical examination) and of course it would be.

            It will be useful for him to line up a witness who would be able to confirm that full consensual sex occurred and also get him to write down a full timeline of the arguments that led to the accusation to establish a motive for making it.
            'What doesn't kill you makes you stronger'

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            • #7
              There is no witness to when they had full consensual sex as it happened in her flat and the only other person around was her 3 year old son. I think she has made this false accusation just because my son broke her phone. When her dad phoned up accusing him of raping her my son heard her in the background shouting "I want a new phone". How long does DNA last?

              Comment


              • #8
                Originally posted by mumneedinghelp View Post
                How long does DNA last?
                I'm not sure about this, I suppose it really depends on the cleaning regime, but I think it would be generally detectable up to 2/3 days (after 14 days it is termed as a 'historic' allegation)
                Last edited by Casehardened; 21 April 2013, 01:55 PM.
                'What doesn't kill you makes you stronger'

                Comment


                • #9
                  Hi mumneedinghelp and welcome to the forum though really sorry that you have had to join us. You will get lots of help support and advice on here as sadly there are many mums going through what you and your son are going through...... Keep posting and keep asking for help and we'll do all we can...MH
                  "Only love can light the mirror of your soul" - Chris de Burgh

                  Comment


                  • #10
                    Thanks myhome. I have such a lot of questions.

                    1. My son has applied for legal aid because his earnings are low. If he gets it will he have anything to pay and if legal aid is refused when does he (or most likely me somehow) have to start paying the solicitor.
                    2. His solicitor says he won't be in touch until June as his first court date is not until July 5th. This seems a long time without doing anything. Is this normal?
                    3. When he meets his solicitor can I sit in on the meeting with him. Even if I can't sit in on the meeting I will go with him and sit in the waiting room. I went with him to the police station every time it was his bail date and I am not going to desert him now.
                    4. Am I allowed to be a character witness?
                    5. When he goes to court for the first time I understand it is just to enter his not guilty plea. Will the accuser or any of her large family be there or do they only get told the trial date?


                    As other people in a similar position will read comments as I have done since November I would just like to say something about the bail process. A couple of times when he attended his bail he was told that when they had made their decision he would get a phone call whether it was NFA or he was going to be charged. He normally attended at 1pm but on the day he was charged the time had been set at 8am which did ring alarm bells, There was no phone call so the charge came as a shock and he fainted and banged his head on the hard floor and had to be sent to hospital. His solicitor wasn't even informed until the day he was charged.

                    Comment


                    • #11
                      Hi mnh - really sorry I can't answer these questions as I'm only 5 months in and haven't been arrested or charged yet. There are others on here who have come out the other side who will be able to help with these questions.
                      What support do you have in place for your son and more importantly - for you?
                      Is your sol a specialist in the area of FA? Ask him/her? How many has he defended? How many was she successful with? How recent were these etc....

                      MH
                      "Only love can light the mirror of your soul" - Chris de Burgh

                      Comment


                      • #12
                        Hi....Spend the time you have before seeing the solicitor gathering your own evidence for you son's defence..You have to be strong and help yourself ....anything you think is useful pass to solicitor.
                        It is really up to the solicitor whom he allows into the meeting, but I have have been present at meetings between family members and their solicitors in the past and an extra pair of ears certainly helps.
                        From what I have read on here before, to enter their plea the defendent attends court with his/her solicitor, there are no witnesses there, but I am sure someone will confirm that or correct me if I am wrong.
                        I have no info on the legal aid issues you raised but other know and will answer that I am sure.
                        Keep Strong ..LP
                        Together We Can Beat This Hell

                        Comment


                        • #13
                          Oh dear, I was hoping Myhome would answer, but I'll have a go:

                          Originally posted by mumneedinghelp View Post
                          Thanks myhome. I have such a lot of questions.

                          1. My son has applied for legal aid because his earnings are low. If he gets it will he have anything to pay and if legal aid is refused when does he (or most likely me somehow) have to start paying the solicitor.

                          His solicitor will apply on his behalf so should be able to answer this, but I believe everyone has to pay a proportion of the cost, depending on income (but for a CC case legal aid will not be refused though not all solicitors will take legal aid cases on)

                          2. His solicitor says he won't be in touch until June as his first court date is not until July 5th. This seems a long time without doing anything. Is this normal?

                          Legal aid cases are not as profitable as they were so the time spent must be apportioned realistically, however you and your son can do some preparatory work to hand over to the solicitor.

                          3. When he meets his solicitor can I sit in on the meeting with him. Even if I can't sit in on the meeting I will go with him and sit in the waiting room. I went with him to the police station every time it was his bail date and I am not going to desert him now.

                          I believe that f the prosecution are going to call you as a witness you can't, but if you will be a defence witness you can.

                          4. Am I allowed to be a character witness?

                          Yes, but it would be better to have independent character witnesses (the jury will obviously be expecting you to put in a good word for your son)


                          5. When he goes to court for the first time I understand it is just to enter his not guilty plea. Will the accuser or any of her large family be there or do they only get told the trial date?

                          They are not required to be there but OTOH anyone can come and sit in the public gallery


                          As other people in a similar position will read comments as I have done since November I would just like to say something about the bail process. A couple of times when he attended his bail he was told that when they had made their decision he would get a phone call whether it was NFA or he was going to be charged. He normally attended at 1pm but on the day he was charged the time had been set at 8am which did ring alarm bells, There was no phone call so the charge came as a shock and he fainted and banged his head on the hard floor and had to be sent to hospital. His solicitor wasn't even informed until the day he was charged.
                          'What doesn't kill you makes you stronger'

                          Comment


                          • #14
                            Can a mod pleas epost my reply from other thread to here? Would be grateful. Thanks!

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                            • #15
                              Originally posted by Don'tbelieveit! View Post
                              Can a mod please post my reply from other thread to here? Would be grateful. Thanks!
                              Not sure which post you mean but 'Copy & Paste' onto here, I will then delete the original (wherever it is)
                              'What doesn't kill you makes you stronger'

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