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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69270
Experience:  Over 5 years in practice
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am on income support and my issue is about my 15yr oid son

Customer Question

am on income support and my issue is about my 15yr oid son who was arrested in August 2012 for rapeig a 6yr old boy. my son was put on police bail to return within six weeks, the police kept extending his bail condistion saying we are still investigateting. the issue is the child was never raped my son gave his DNA to prove his innocense but yet they still have him on police bail. we took it to court because they would not change his bail and he has miss a lot of school and its he finnal year at school. the judge could not believe the way the police have dealt with this case and change his bail condistion straight away, the point am trying to make is they dont have any thing on my son yet they still are taking there own sweet time. it has affacted him and the family my job is a foster care nd they are stopping me from working.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

What is your question about this?
Customer: replied 3 years ago.

what do you need

Expert:  Jo C. replied 3 years ago.
I need to know that your question is?
Customer: replied 3 years ago.

i need to know if we can take the police to court for unfaire treatment as they new for the begining that the child was not raped and from my son DNA that there is no evidance making him miss time off school, plus stopping me from working as this has been goning on since last year August and who can we go to for help us.

Expert:  Jo C. replied 3 years ago.

They didn't know from the beginning that the allegation was false. They have to investigate. There are lots of human rights authorities that require them to consider every complaint.

In any event, I'm afraid that you misunderstand the position. The absence of DNA does not prove your son is innocent. The absence of evidence is not evidence of no offence. Obviously sometimes there should be DNA evidence if a crime were committed and then it can be a helpful point to the defence but it is not as simple as showing that there is no DNA.

If this is an allegation of rape then they are entitled to investigate at length and they are not under time barring pressures.

Also, realistically if your son still lives with you then even if the police NFA him formally tomorrow, there isn't much chance that the local council are going to place a foster child with you until he leaves.

I'm very sorry but a formal NFA is not a finding of innocence necessarily.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.
Customer: replied 3 years ago.

By the way this is not a foster child. The medical was done before my son was arrested.and there was nothing found. The parent of the child asked if my son could look after him u told her no his going out .si I will keep him. My son has never looked after him before but she said that he Didnt want to go to holiday club and that he hurt his foot.but when he came to me he was walking fine on both feet.

Expert:  Jo C. replied 3 years ago.
Those points would not make any difference to the answer above.

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