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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70197
Experience:  Over 5 years in practice
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my 19 year old son was arrested this week assault

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Hi my 19 year old son was arrested this week for sexual assault , he spent the night with a 15 year 10 month old girl in my house , with my permission with me unaware she was underage , my son said nothing happened other than kissing and cuddling and the girls statement seems to back this up, there was another male friend also staying in the same room at the same time . I would like to know where my son stands having no previous police record as he has to answer to bail next week , any advice please , many thanks martin.
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.
Are you asking if he will be charged? Obviously I will not know that.
Customer: replied 2 years ago.

Hi , I would like to know the likely hood if he will be charged ,and is it the police who would be persue ing this or the girls parents .

Expert:  Jo C. replied 2 years ago.
Well, obviously I have no insight into this case. I have no way of knowing what will happen here.
However, it is fair to say that people are being charged for sexual offences at the moment upon much weaker evidence than for any other crime which is the real reason for the low conviction rate. If CPS prosecute lots of false allegations then the conviction rate will continue to be low.
It depends what the allegation is and what he has said. If he was arrested for sexual assault then there must be some allegation of non consensual activity. If that is the allegation then he probably would be charged for that.
If it is all an issue of underage sex or sexual activity then it is to be hoped he would not. The age difference is not particularly wide and there has long been a policy decision not to prosecute boys of a similar age to the underage girls although it is fair to say that is not always adhered to now.
I would imagine the girls' parents are the instigators. Usually that is how these things come to the attention of the police.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Im aware of high profile cases at the moment of sexual crimes and I feel my son is being set up ! I dont think the girl in question has made any allegations but her mother is trying to make a example of my son , who is i admit immature and very nieve but is no way a criminal , if hecis charged what would you advise me to asvlegal resresentation .

Expert:  Jo C. replied 2 years ago.
Oh yes, of course he is. Ridiculous waste of taxpayer's money. Quite a lot of sexual offences actually amount to things no reasonable woman would think worthy of the attention of the police.
He did have the solicitor that he was offered in police interview? He hasn't made admissions without advice I presume?
Customer: replied 2 years ago.

Against my advice he was interviewed without lgal represent ation !!! He had his hands tied as he was worried he was being kept in over night and he was worried abou loosing his job , . And I think the police played on this and took advantage of the situation . Im not really sure what he has said in the interview as he is finding it hard to open up to me at the moment , im hoping to meet the arresting officer tomorrow cto hopefully get some information and then try and deside what to do , any advice ?

Expert:  Jo C. replied 2 years ago.
That is probably right.
He has probably said something damaging I'm afraid. These allegations are always a tightrope.
If he is charged then he does need a solicitor. However, you are right. The time that advice was really needed was before the interview.
Customer: replied 2 years ago.

If charged and found guilty , would he be on sex register or could he get a non recorded caution ?

Expert:  Jo C. replied 2 years ago.
Cautions are recorded. Yes, even a caution would lead to addition to the register.
I am not sure they would prosecute him for under age sex if he is only 19.
if the allegation is that there was some non consensual activity then that is the risk and he seems to be denying that.
Customer: replied 2 years ago.

Am I wright in saying that because she is under the age of 16 it is automatically deemed non consensual ?

Expert:  Jo C. replied 2 years ago.
No.
Consent is a defence to sexual assault.
There are other offences that cover underage sex but you do have to know that the person is under 16.
Customer: replied 2 years ago.

We have some paper work from the police to say the interview was recorded and a copy is available for a solicitor, can I get access to this recording as I would like to know what was said ?

Expert:  Jo C. replied 2 years ago.
They probably won't hand it to you.
His solicitor can collect it from the police station.
Customer: replied 2 years ago.

Many thanks jo for your help , I will have my fingers crossed nothing comes of this because he is a great son and I dont want his whole future ruined by a simple innocent mistake , thanks martin .

Expert:  Jo C. replied 2 years ago.
No problem and all the best.
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