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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69364
Experience:  Over 5 years in practice
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I hope you can help. My son was arrested on Saturday just gone

Customer Question

I hope you can help. My son was arrested on Saturday just gone and currently on bail pending and enquiry. He is 21 and had concented intercourse with a girl me met on line. which he filmed with her concent and posted on the Internet. He met her on Facebook and she has her date of Birth on there as 1990 which would make her 23 years old. She contacted him last week to say that she is only 15 and that her boyfriend had found out and told the Police. My son took a sreen shot of her Facebook page showing her date of Birth at 1990. He informed the Police of this and they have his phoneand Laptop.
Mt son in in the Army and has gone on Excercise for a week and i am trying to find out how best to help him? The army cannot provide leagle representation as this is not an Army matter. He has been told he could go to Prison.
He has to report back to the Police Station on MAY 30 th under his Bail conditions.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Jo C. :

Hi. Thank you for your question. My name is Jo and I will try to help with this. What are your questions about this please?

JACUSTOMER-ifs0bb65- :

I dont know where to start to help him. We dont have a lot of money and solicitors are expensive, but he clearly needs legal reprensentation. Would we need to get tha ball rolling on this now so they can start a defence case or when he goes back in May to see if there is a charge made?

Jo C. :

Do you think she will give evidence against him?

Jo C. :

Her boyfriend must be raving mad. Does he not realise that he is next?

JACUSTOMER-ifs0bb65- :

I am

Jo C. :

Sorry?

JACUSTOMER-ifs0bb65- :

Apparently, she has told the police that this was consential. She did also say that she told him that she was only 15. However, on her facebook page she states that her date of birth was 1990, but my son did manage take a copy of this. The police have his laptop but, fortunately, he did send a copy of this to his brother's laptop.

Jo C. :

If she was born in 1990 then that would make her about 24?

Jo C. :

Wasn't it obvious she wasn't 24?

Jo C. :

Or is that a typing erro?

JACUSTOMER-ifs0bb65- :

Not a typing error. Shedefinately

Jo C. :

Would you like me to convert this to Q and A? Its easier to respond.

Expert:  Jo C. replied 2 years ago.
Hi


Can you respond now?
Customer: replied 2 years ago.

Her pictures on facebook are very promiscuous She has a lot of makeup on and definately does not look only 15. My son is now on exercise for the next week,so I will not be able to contact him until he returns to his barracks.

Expert:  Jo C. replied 2 years ago.
Thanks.

Take lots of screenshots of her Facebook page before she deletes them and puts up images of her with teddy bears and hair in pigtails!

Overall, I think he might as well run it. Plead not guilty if he is charged and elect Crown Court trial. On no account be tried by Magistrates.

You will find the offence here

http://www.legislation.gov.uk/ukpga/2003/42/section/9

and basically the issue turns upon whether or not he reasonably believed her to be 16 or over.

The Facebook shot is very helpful obviously. The only thing that concerns me slightly is that if she is 15 then she probably didn't look 24. However, she may well not have looked 15.

I realise that she is saying that she told him she was 15 but if you can get a jury to accept that she might not be being entirely truthful about that then he will be acquitted.

Jurors are generally very sympathetic about this type of situation. In fairness, I think most jurors take the view that a 15 year old with their wits about them is quite capable of giving good consent and, as long as the man is of a similar age, its all a lot of fuss over nothing.

He will get legal aid.

There is another option but its probably too late now. Its still open to you but not so effective. With all these cases where young ladies give consent to sex and then become overcome by their feeling of good citizenship and need to report the incident to the police when either their parents find out or they are finished with, they are guilty of the offence of incitement. Giving consent to have sex with a person knowing it is an offence for them to do so is incitement.

It is often very effective when these ladies start shouting fire and brimstone and making threats to make reports to remind them that they could also be prosecuted for incitement. Its too late now because she has already reported it so he is probably on bail with conditions not to make contact with her.

You could take out a private prosecution against her for incitement which will make her think carefully about whether or not this is really a matter she thinks important enough to take the time of the courts but thats expensive and do run the risk of CPS taking it over and dropping it for public interest reasons.

Nevertheless, on these facts, he will probably be acquitted.

Do not accept trial by Magistrates and remember that he has the right to an experienced barrister from the independent Bar. He does not have to accept the firm's in house advocate if one is offered.

Hope this helps. Please let me know if you need more information.

Jo

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