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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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Hi there. My 16 yr old son has been accused and now arrested

Customer Question

Hi there.
My 16 yr old son has been accused and now arrested of sexual assault by penetration.
The evidence they have for the arrest so far is the girls statement together with an inaccurate comment made by son to me while the officers were speaking amongst themselves (or so I thought). My son was on the point of breaking down and I wanted him to know that I was here for him and believed that he wasn't capable of the crime.
The actual conversation was that I asked my son if he had been with anyone on the night in question and he said that he'd been with 2 different girls. With regards ***** ***** girl in question he said that they met up while he was with his friend (on their way to mcdonalds) and after a while his friend left. They started kissing and things went further. During this she randomly asked the time and my son told her this and then she said no and it stopped! I then said to my son (to re-assure him) "well I know that you know that no means no anyway!" I just wanted him to know that I believed him. He replied " yes I know that mum" Straight away one of the officers said " Jamie just a wee piece of advice, don't say anything else until you get to the station". I didn't think anything of this as I didn't feel he said anything that he wouldn't tell the officers anyway.
He's only 16 and the officers told me that due to his age I couldn't accompany him to the station (due to a recent change in scottish law) and they assured me that no one would speak to him until a duty solicitor arrived. It turns out that this was not the case. They spoke to him on the way to the station and also spoke to him on several occasions before the duty solicitor arrived.
I spoke to his solicitor yesterday and she asked me about the conversation I had with Jamie which I told her about. She said that I said word for word what my son said. However, the police have put in their report that my son said " she only said no once" and that my response was " well no means no jamie". This wasn't said and they have used this as an admission to the assault.
Where do I go from here as his solicitor said that if I make a complaint against their report that it will just make then push more for a conviction?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
It is a really bad idea to complain about them. They will find a way to punish him.
What action are you hoping to take?
I may lose my connection for 30 mins as I am going underground but I will pick up soon.
Customer: replied 2 years ago.

I don't want to complain. The duty solicitor spoke to me yesterday and said that they have used their interpretion of the conversation as an admission and that this allowed them to make an arrest, The conversation that I repeated to the solicitor exactly matches what my son said. We've had no contact since he was taken from the house but I've been advised that there interpretation of the conversation allowed them to make an arrest.

Customer: replied 2 years ago.

He's in court today and I desperately need some advise.

Customer: replied 2 years ago.

Okay. Can you give me some advise asap?

Customer: replied 2 years ago.

Anything?

Customer: replied 2 years ago.

I've paid the fee and i'm pretty desperate for your advise????

Customer: replied 2 years ago.

30 minutes has well and truely been and gone! i don't mean to be rude and I apologise If I have been.

I need advise. my son's lifes looks as if it's ended before it's even begun

Customer: replied 2 years ago.

Do you have any intention helping or have I just wasted £47?

Customer: replied 2 years ago.

Really????

Expert:  Jo C. replied 2 years ago.
The reason you are experiencing delay is that you keep posting before I have responded which pushes the question to the back of my list.
What I need to know is what action you want to take?
If you don't want to complain then what are you hoping to achieve?
Customer: replied 2 years ago.

I would like a full refund please

Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Do you still need help?

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