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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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My son was Arrested when doormen complained about him to the

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My son was Arrested when doormen complained about him to the police after he went away with a girl in the early hours they did not have sex but they kissed and touched. The bouncers had unknown to him chucked her out of club she then said to the police she could not remember anything. My son offered was subjected to the police cells but the policemen were nice to him they did not cuff him and offered him a Warm jacket over his paper suit. he insisted on giving his DNA as he was confident that he could prove that he did not take things too far although in his eyes he thought everything was with consent and the girl in question never resisted and was involved in the kissing etc. DNA and has confirmed he kissed her but said he did not know she was unable to consent as he did not consider her more under the influence of alcohol than he. He has to go back in 10 weeks but he cannot sleep not can we, can we do anything or do we just have to wait the ten weeks to see if this is going to be taken further.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to know about this please?
Customer: replied 3 years ago.
The whole family is worried about the incident the girl did not make the complaint but the doormen felt that the girl could have been at risk so advised the police. My son had not met the girl in the club and in his eyes she was not drunk but they did kiss etc when the doormen pulled them up as this was close to the club doors and the girl then said when asked she did not remember what happened it was at this point the police was called. My son was taken back as he thought it was just two young people having a kiss not sex at the end of a club. The police said that they had to follow procedure and arrested him . We are all so worried and we don't know who to ask and the chances of whether this will go further. Do we have to wait 10 weeks as he is on remand until 15th April it is a long time without eating and sleeping.
Expert:  Jo C. replied 3 years ago.
I presume you mean that he is on police bail not remand?

So he is free to go about his business at the moment but needs to go back to the police station?
Customer: replied 3 years ago.
Yes sorry we don't really know anything about these things he is 21 years old and has never been in trouble before they said that he has to go back on the 15 th and he is bailed until that time . He works in security and has to have a clean disclosure , CRB as part of his work. In his eyes he has done nothing wrong but I guess I am worried that other people will think differently and I am just trying to prepare
Myself and him for a charge . Ten weeks is a long time.
Expert:  Jo C. replied 3 years ago.
Has he told them he was drunk?

He did have the solicitor he would have been offered I presume?
Customer: replied 3 years ago.
He was under the influence if alcohol but did not consider himself drunk he was in the club that the girl was thrown out of but he did not see her in there , he did not buy her drinks etc.
He did not meet her until he came out of the club he did not know she has been thrown out of the club
He did have a solicitor offered and was present when he was being interviewed at the station but obviously not at the club when he was kept in a room for an hour by the bouncers
He did not consider her drunk
Expert:  Jo C. replied 3 years ago.

Ok.

But has the told the police he was drunk?
Customer: replied 3 years ago.
I don't know
Expert:  Jo C. replied 3 years ago.
Can you ask him?
Customer: replied 3 years ago.
Will do he is working at the moment in a twelve hour shift but I will speak with him, I do not live with him he lives with his dad I will email tomorrow
Expert:  Jo C. replied 3 years ago.
Ok. No problem.

I will be around tomorrow.
Customer: replied 3 years ago.
Hi just spoke to son they did not breathlise him but done blood tests, most of the time they were outside the club went walking for about 5 minutes where they touched each other and kissed but no sex. The bouncers came over and asked what was going on and then the police came because the girl then said she was not sure what went on although she had been participating as such I think they are saying that she was not able to give consent because she was under the influence of alcohol.

I don't know my sons blood alcohol levels

He has witnesses to say that nothing strange was going on
Expert:  Jo C. replied 3 years ago.
No, I understand all of that.

What I need to know is whether or not he told the police he was drunk? It gets harder to argue consent if you have said that you were drunk.
Customer: replied 3 years ago.
Hi he did not tell them he was drunk but I do not know his blood levels. I do not know the girls blood levels
Expert:  Jo C. replied 3 years ago.
No, his blood levels wont' be an issue. There is an outside chance they will do a BAC calculation upon her as the issue is whether or not she was in a condition capable of giving consent but not on him.

If she was a happy participant in whatever took place then she wasn't too drunk to consent. You have to be literally unconscious to get over that hurdle. If its just that in drink she gave consent that when sober she would not then that is her problem.

In terms of whether or not you can find anything out early, the OIC might actually give him an indication of what is going to happen early. At this stage he probably won't know though. They will either be taking CPS advice or doing other enquiries like a BAC calculation. Neither will be resolved at this stage.

I wouldn't worry too much about this. Not many of these allegations stand up to closer scrutiny.

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

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69783
Experience: Over 5 years in practice
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