Child to be interviewed under caution

[PaddingtonSandwich]

Hi. First ever post so please be kind ;-) Brief outline.. 13yr old boy stupidly gave 13yr old girl a "love bite" when out as a group and all larking about. No coercion etc. 2 days after girl's Mum discovered said "bite" & her and her partner turned up on our doorstep screaming our son was a "paedophile" & trying to force entry to get at him.

Son is autistic and goes to SEN school and we discussed the whole situation openly with them and he was spoken to about appropriate behaviour etc. The first I actually knew about it being reported to the police was when SS called 3 weeks ago, and said they'd spoken to the girl, got very little from her and wouldn't be taking any action.

We are now 8 weeks on & I have been contacted by a DC saying she has now got around to dealing with the incident and wants to interview son under caution so she can close the case. Says her sergeant has said no further action will be taken but has to be done. She is coming to the house tomorrow. She said he's entitled to a solicitor but as nothing is going to happen thereafter there's not really a need. If he's interviewed under caution, should it be a taped interview? Will this happen as she's doing it at home? Any advice please?? Many thanks

I agree LEM

They sound unhinged.

In addition, for sexual activity with a child to be the relevant offence, the offender must be 18 or over.

Absolutely get a solicitor, speaking as somebody who was reeled in hook, line and sinker by a corrupt police officer as a young adult.
And not sour grapes, he was struck off for his shady tactics.
When I did eventually get a solicitor, he was brilliant, purely because he knew what he was doing!!

I imagine the DC used the term sexual assault to simplify things for the op. This is why a solicitor would be beneficial and could explain to op points to prove for all potential offences that have been committed.

The op describes the children larking about, implying the victim went along with it. If this is so, the offence of sexual activity with a child is still committed. However cps are unlikely to proceed due to public interest test. Which it seems the DC has considered.

And yes, 2 'agreeing' 15 yr olds engaging in kissing still both commit the offence of sexual activity with a child however as stated cps unlikely to proceed due to the public interest test.

Op - best resource for information on this is CPS website.

No comment interview all the way.

Florene - sorry you are wrong, the offender does not need to be over 18. There are different wordings of charges for sexual activity with a child for offenders under 18.

Florene - look at sections 9 and 13 of the SOA 2003. Section 13 makes it quite clear that a person under 18 can commit the offence of Sexual Activity With A Child (section 9 SOA 2003).

This thread has got very confused. There is no suggestion he is going to be cautioned for sexual assault (that's not to say he can't be). This is an interview under caution, not a caution for the offence. The police have said they intend to take no further action - that's not a caution!

A solicitor can come to your home for interview. It will be free of charge. You should just contact a local criminal solicitor.

At 18.24 yesterday the OP stated that there had been an 'allegation of sexual assault'. Not an allegation of 'sexual activity with a child'

I am aware of what the OP said.

The police say there has been an allegation of sexual assault. However, given the age of the victim the charge would be sexual activity with a child. If she had been under 13 at the time of the offence the charge would be sexual assault of a child under 13.

Given that the charge uses the words sexual assault unless the victim is aged 13, 14 or 15 it is not overly surprising that sexual assault is used as a shorthand for all three offences.

Florene is totally wrong - on every count.

Please ensure you have a solicitor present to protect your DS.

FWIW I'm an ex criminal barrister. There is no way I'd do this any other way for my own DC

If it isn't going to be taken any further and it's just a formality just tell him to go no comment. Why would you risk him saying anything at all.

Solicitor and no comment

Please do NOT accept a caution.
Your ds has done nothing wrong.

CAn we have an update of events?