School Accusation

[StressedAsh]

Hi - this is my first post and I’m really just seeking advice because I’m a little lost to say the least.
I was interviewed under caution this summer. The police told me a former school colleague was accusing me of 5 counts of rape over a 3 week period that he claims took place around 1987-88. So, about 30 years ago. Both of us boys, I was one or two years older than him. It was a boys only public school. Posh, expensive.
So anyway, I’m totally confused by this, he seemed like a nice enough lad, and there was never any drama between us, we never stayed in touch.
I heard a few rumours about sexual liasons between some other boys after I had left the school but my own head was very much in the clouds all those years ago - and I was very vanilla on the sexual front. But I am now left facing rape allegations which are completely false and I have no idea why my name is now being connected with such a terrible deed.
I had a solicitor at the meeting with me. It was about 5 months ago and still I know nothing. Having read some of the posts here I guess I just have to wait. Is that right?
Apart from chasing my solicitor/police for an update, is there nothing I can do?
When the allegations are invented I don’t really have a side of the story to tell because for me there was no story.
Yours,
Flummoxed

[Casehardened]

Hi and welcome to the forum, though sorry that you have needed to find your way here......

Hopefully this accusation won't be going anywhere but if you were under 14 in the time period that you quoted it might be worth you reading up on 'doli incapax', link below:

http://www.daftmoo.org.uk/mooforum/s...0-Doli-Incapax

[Peter1975]

Hello and welcome to DM,

From the little information you have it would seem that all you can do is wait for a charging decision which is usually an agonisingly long wait I'm afraid.

CH gives excellent advice, if doli incapax applies in your case then it makes a statistically unlikely charge even less likely which should give you some reassurance.

Should they charge you then the most important thing is that you have a good solicitor in your corner.

Having friends and family in your corner is also important.

It might be worth trying to stalk the accusers social media and take screenshots if possible, do not attempt to contact him in any way.

You could try googling the accusers name too, you never know what might turn up.

Otherwise, the trick is to carry on as normally as you can.

[soulbug]

Just out of interest, at what age would you of been at the time of the alleged allegation?

If under the age 14 at the time then Doli Incapax, would be extremely relevant to you.

Doli incapax can be applied retrospectively, if you fall within the age range, then you must discuss doli incapax with your solicitor, if they think it would not apply, then change solicitor as they simply are not fit for purpose.

https://www.newlawjournal.co.uk/cont...hronism”

[37yearsago]

sexual incapacity doctrine

I agree doli incapex is relevant but you should also look at the sexual incapacity doctrine which is an irrebuttable presumption so actually stronger than doli incapex.

Historically, there was an irrebuttable presumption in common law that a person under 14 could not commit rape, (the sexual incapacity doctrine) this was abolished by the Sexual Offences Act 1993. As well as this, up until 1998, (with the enactment of the Crime and Disorder Act 1998) an individual who was alleged to have committed a sexual offence e.g. indecent assault or even rape as a child i.e. aged between 10 and 14 could advance a defence of doli incapax. In other words, they could argue their being unable of forming the intent in their minds for having done so by reason of their age. This was largely to do with the view having been taken that children within that age bracket were not sufficiently mature to have been able to form the intent to commit a crime. It was still possible for this defence to be defeated by the prosecution with sufficiently strong evidence –however, it was a rebuttable presumption that an accused person could take advantage of.

Note the 1993 act references natural and unnatural sex - ie gay sex.