What Evidence?

[Scarlett]

A friend of mine has been accused of rape; the encounter happened 3 years ago and the girl has only just come forward. He said she was really flirty, they had sex once and then again a few days later. She kept texting him but he decided he didn't want a relationship with her. ie- it was basically a two night stand. She was 16 and he was a few years older. I know there are moral issues surrounding this but what are the legal facts? It's her word against his, there's no physical evidence and it was years ago. Very grateful for any advice.

[EDDIE51]

has he actually been charged or just called for a preliminary investigation?
I can't see it going anywhere if there is no more to it than you have told us .

[boxtops]

I'd suggest he sees a solicitor. How has this allegation been made?

[TWR]

If your friend had Sex calls from this person, has he still the same phone? if so It may cost him but the phone has a memory that can be retraced.

[atalanta]

I have just had the ghastly thought that the girl might have kept the undies she was ( or was not ) wearing at the time of the encounter. I'm afraid DNA is physical evidence, but it has to be backed up in various ways for there to be any danger of a conviction.

[Scarlett]

Just been called in for a talk which was tape recorded.
As it was so long ago he now has a different phone so the texts from that time don't exist anymore - unless they can get them off a broken SIM card. The allegation was made to the police from the girl and then the police phoned my friend.

[Scarlett]

Atlanta- even if she had kept them, there's no denying they had sex; just whether he forced her or not. I don't see how it could proved that far back?

[Barmaid]

It will come down to her word against his - unless there is any other evidence, such as evidence of recent complaint (eg she says to a friend/parent in tears that she was raped). He should not answer any questions under caution unless he is represented by a solicitor and I would advise that he gives a full account rather than going "no comment".

The question is, can the prosecution prove it beyond reasonable doubt? On what you have said, it seems unlikely. Possible but unlikely.

[Peter Pedant]

he has already given an interview with a tape and without a lawyer
and he really needs to get lawyered up

and then wait and see

The DPP ( bless ! ) has basically told the CPS to take to court cases which are He raped me ! No I didnt ! ... and to let the jury decide

[Barmaid]

DPP can say what it likes, the bar is still under a duty to consider whether it passes the threshold tests.

[Suetheramble]

Barmaid Not wishing to cross swords with you because I have no idea about these things but don't solicitors usually advice the "No comment"answer?

[New Judge]

Yes they do and in my view it is often very bad advice.

Refusal to answer questions can lead the court (a jury under the direction of the judge or a panel of magistrates) to draw such conclusions as they think fit from such a refusal (hence the warning "It may harm your defence if you fail to mention when questioned something that you later rely on in court").

If the person being questioned has a version of events the time to present that version is when first questioned. A defence provided weeks or months later will always be challenged as it will be suggested that it has been contrived in the intervening period.

[New Judge]

And I forgot to add that they do not usually advise it but they sometimes do.