can someone advise me?

[Unregistered]

hi, i was raped by a man known to me when i was 13. it was never reported to the police. my older brother killed the man 4 days after it happened and is currently serving 20 years for murder. he didnt want what had happened to me to come out and he pleaded guilty at his trial. i was impregnated by the rapist and gave birth to a beautiful girl who is being brought up by another of my brothers and his wife as their own. what i wanted to know is would my brother be able to appeal his sentence if all of the facts were known? i know that it cant be proven that i was raped but i was 13 at the time (he was 28) and DNA tests on my daughter and the rapists sister who is willing to help would show that she is his. this all happened 9 years ago is it too late for him to appeal? also were in scotland - i know that our laws are slightly different to english law. my brother fully accepts what he did was wrong and belives that he should serve his full sentence but i just want to find out if it would be possible for him to go back to court and say what really happened any advice would be greatly appreciated thanks

[Unregistered]

It has to be up to you because if you do go through with this, so much could be worse afterwards, however, I have often harboured thoughts of killing the man who raped me; if only I knew who he was and I'm sure my family felt the same.

As you say, DNA evidence would prove paternity and due to your age at the time it would have been statutory rape even if you had consented (which I know you didn't).

I suppose there's no guarantees and it's not easy but neither is living with the lie. I suppose as well if your daughter is told before all this happens, you at least have the chance to tell her in the way you want as these things have a habit of becoming public knowledge anyway.

I know you have suffered tremendously but I am so happy that you have a lovely daughter.

[friday]

he wouldnt get his sentenced quashed but he may have the sentence reviewed. maybe try get some legal advice. the only thing would be if he gave his reason for killing him as something different then he would have lied in court but definetely seek advice.

[Rights Fighter]

You're best approaching a solicitor who deals with serious crime, to try to appeal this sentence. If your brother meant to kill your attacker then he won't be able to attempt to appeal the conviction but if he intended to do him serious harm, rather than kill him there might be scope to appeal the conviction and have it substituted with manslaughter, which in itself would reduce the sentence.

If your brother has no assets he may well be eligible for public funding (the old legal aid).