My sons 13

[Scaredmum]

Hello I'm new here just wanted some advice,

Well here goes ;( a few months ago a girl older than my son 16 now as far as I know accused My 13year old son of attempted rape, he was arrested and interview, was meant to go back the other week but it was put back until last night,

well anyway he got there and. He was interviewed again and then bailed again until the CPS has decided.....

Well let me explain further this was in a back of a taxi on the way home from a group they both attended he was meant to have attempted to rape her but this girl had a thing for my son but he didn't really like her,

well in her statement she said that she pulled her trousers down and said this is for you xxxxxxx (my sons name) and stated in her statement that she loved my son and wanted to be with my son,,, well anyway DNa was fount in her knickers but she again apparently told in her statement that he had come on her leg but the DNA was in her knickers hmmmmm confusing i know but this is what happened

the taxi driver in question hasn't made a statement from what the solicitor said to the police the first statement all he heard was a few mumbles exchanged of words!! I don't wanna go into much detail of this but now he have to wait for cps to decide

My question is cause there is DNA which was on her leg which is now in her knickers (she must have put it there) is he most likely gonna be charged for it any advice would be helpful :,( I'm so scared for him he's heartbroken :,((

[Casehardened]

Hi and welcome to the forum,

I've split your post into paragraphs for easier understanding of the situation.

To help members offer the correct advice could you confirm whether the girl was actually over 16 on the date of the alleged incident.

[Scaredmum]

Thank you for that!!

My son was 13 at the time and as far as I know she was 15 but not 100% sure,
As far as we know the taxi they was in on the way home he's made no statement all he said was he heard a few mumbles (like words) but that's was it there seems to be to different events!!!

The first time he was arrested they stated he rubbed his xxxx on her lady garden and she didn't know if he went in then this time the police asked about him running on her leg??? And then it ended up in her knickers also she stated this time he went that she knew he never went in I'm really confused I really am it's making me ill he's heartbroken and so down cause of all this she had a thing about my son all the time they was at the group and now this :,( surely the taxi driver should have seen or heard something or she could have shouted ;(

[Casehardened]

My son was 13 at the time and as far as I know she was 15 but not 100% sure,

This complicates matters as though the encounter was apparently consensual, as she was under 16 she cannot legally give consent so this was either statuary rape or sexual assault on a minor (depending on what actually happened)

However it may not be as bad as this sounds as the CPS policy (I have restricted internet access at the moment so can't search for the link) is not to prosecute when both parties are under age and the encounter is consensual.

The taxi driver's evidence should show that whatever happened was consensual (or the girl would have shouted or screamed) so it will be a matter of you waiting for the process to run its course.

There are quite a few mothers who are in your position, hopefully they will be along soon with some coping strategies for you.

[Casehardened]

However it may not be as bad as this sounds as the CPS policy (I have restricted internet access at the moment so can't search for the link) is not to prosecute when both parties are under age and the encounter is consensual.

Here is the link:


Consensual sexual activity between, for example, a 14 or 15 year-old and a teenage partner would not normally require criminal proceedings in the absence of aggravating features.


http://www.cps.gov.uk/legal/p_to_r/r...fences/youths/

[Rights Fighter]

Let's take something you said in two parts:

.....well in her statement she said that she pulled her trousers down and said this is for you xxxxxxx (my sons name) and stated in her statement that she loved my son and wanted to be with my son,,,

If that is in her ABE interview, that she pulled her own trousers down and said "this is for you", I'm rather surprised that this has gone anywhere at all.

.....well anyway DNa was fount in her knickers.....

DNA of what? Saliva? Semen? Hair? Skin cells? Were the police clear about that in the interview?

Rather odd she should make a complaint against your son and then tell the police she basically offered herself to him (two or three years younger than herself) and then said she loves him.......

Is that what you understand of the situation as told by your son, or were you present in the interview? He should have had an appropriate adult at his age, if you were not there.