Brother accused of rape

[bigbear]

Hello my younger brother has been accused of rape and sexual assault of a 10 year old girl she states my brother was 16 at the time but i remember when it was and it was 1997 not 1999 2000 as she states and my brother was only 12 the night she said it happend, after an bonfire party, at her home but i put my brother in a taxi that night outside the venue he did not come back to her home why have the police not contacted me to make a statement ?

[Saffron]

Hi Bigbear

Your post is confusing me.
Has your brother's accuser given a specific date for this alleged assault? What do you mean by "I remember when it was"?

The police will not contact anyone who they think might give a statement in favour of the accused. If your brother is charged, you must give your statement to his solicitor. Do not inform the police of the mistake over the dates - they will simply go back to the accuser who will then be able to change her statement, saying she was "confused" and traumatised.

Best,

Saffron

[bigbear]

Hello Safron

The girl well she is a woman now states it happend between 01.01.1999 and 01.01.2000 we have not seen her since early 1998 he has to make his plea next week and is conviced as he did nothing he will not go to jail the night she said it happened we put him in a taxi my husband and i and my husband can remember this will this be taken into account there is no cooberation to her story it is he said she said, sorry I have re read this and i havent given you all the info she say's my brother raped her in her room after that bonfire night party at a working mans club but he was not there we put him in a cab outside the club that night as i thought he was to young to stay over and there was no room me and my husband slept down stairs that night another couple who were with us slept up stairs and the child slept in her mothers bed as far as we know, my brother was not there

[Rights Fighter]

From what I can see this does not relate to November 5th bonfire then otherwise it would stipulate that.

If anybody can make a statement that supports the defence case the police will either ignore it or turn them into a witness for the Crown (even if they cannot help the Crown) then drop them at trial - too late for the defence to use if they are not aware of that witness's existence.

In your brother's case obviously the sol will be aware of your existence - you need to make a clear statement in relation to the bonfire party and what occurred.

The best way to make a clear statement is to present it in short paragraphs, 1.5 linespaced.

I will PM you on another matter.

[bigbear]

the girl has specified in her statement it was after the party we can honestly say he was not there after the party also is my husband concidered a better witness as he is not related by blood ?

[Rights Fighter]

it doesn't really matter if a witness is blood related or not - it depends on who is the most credible (believable) witness at the end of the day.

It might help if you find others who attended the party to see what their recollections are and if they concur with yours then get them to write a clear statements (with all contact details on it). Again make them as easy as possible to read - bullet pointed short paragraphs, 1.5 line spacing etc.

The easier statements are to read the better a very busy sol will be able to take in the information and make use of it.

[bigbear]

the club is long gone we were only in the area at the invitation of the mother, i can remember putting my brother in the cab and we all waved as he went including the girl who has made the accusation, it sticks in my husbands mind as he gave my brother the cab fair he gave him 20 and wished he had given him 10 he knows the value of money, the daughter was talking to us untill 1.30am and only went to bed then because i said to the mother she was up very late for a young girl then they went up together the mother and daughter.

[Rights Fighter]

So you don't know anybody who went to the party and have never kept in touch?

You need to put the info about the mother and the accuser actually waving him off into your statement, if that is what you witnessed, as should hubby.

[bigbear]

we dont know the other couple well, i had met the woman once befor and met the boyfriend that night ,the mother of the child had a habit of finding and losing friends, she had a nasty streak and we fell out soon afterwards although the child was a nice kid where this has all come from i have know idea and we have not had any contact with the family since 1998

[Rights Fighter]

I am talking about others who attended the party - or was it just your family and theirs?

[bigbear]

there were a lot of people there it was quite a big event there were two couples me and my husband, a couple who were friends with the mother, my brother and her daughter has anyone got any idea if taxi companys keep records for that long, as it would be recorded the club called the taxi for me for my brother to go home

[Rights Fighter]

Are you in touch with any of the other people who were present? If you remember names of those people the solicitor might be able to find them.

You would need to contact the taxi firm and ask them if they keep records. They probably wouldn't allow you to see them, if they do keep such records after so long, but your solicitor should be able to access them if they still exist.

[bigbear]

no i have not been near that area for 13 years, my poor brother, you dont think i better be nice to this woman because she will get her own back i always thought she would try to do me harm as she did not like being crossed but i just couldent stand being around someone so mean spirited a bad word for everyone and i knew she was being as unkind about me as she was about her other friends and i had reached the end of my tolerance and i was old enough to stand up to her we had known each other since we were 7 and she was a nasty person then but i felt sorry for her more fool me

[Rights Fighter]

Yes - I have come across this where somebody has been kind to them then repays them by lying. do NOT make any contact with the mother under any circumstances.

Did you get my private message?

[bigbear]

yes I have droped you a line, as for the mom i dont even know where she lives now, somewhere above her means she was always jam today