my brother accused of rape

[L.J.W]

hi, so glad i have found this site and will pass this on to my brother it may help him, at the minute my brother is being accused of rape, he is only 18 and was going out with this girl, we all know he hasnt done it, we are all sticking by him, he is very depressed and u can see on his face that he has alot on his mind, this girl has accused me of racial abuse also over facebook, lie's all of it, she is only 16 and lying so much, its getting to us all of us, mid dec is when he has to go back to police station, i just hope she realises what she is doing is so wrong, and when my brother is cleared we will be taking this to court against her!! please if u have been thorugh similar i will take all the advise possible.

[L.J.W]

she is claiming this happened in september while my mum was away in ireland,
her friend stayed the night also but on sofa, he says he didnt have sex just kissed and cuddled and went to sleep in his bed. she finished with him 3 weeks ago ish and came forward after 6 weeks of it happening, im confussed surely if u had been raped u would avoid that person, not wanted to have been with them. her mum also texted my brother pretending to be someone else saying i heard u and her did it and he replied yeah she was good lol !! he has told the police, his girl accusing then got ennoyed with my brother, surely if he had raped her that would of been her chance to say then!! but she didnt and let the relationship carry on another 3 weeks, then report the rape another 2 weeks after that!! i dont understand. she dumped my brother and then 2 weeks or so after he gets arrested, on bail till december,

[eddie]

I know what you are going through, I have just been released from police custody today, after being accused of rapeing my brothers wifes sister, 20 years ago.
My brother and his wife are at present going through a very messy devoirce, and it seems like she is getting at him through me.
The police office has even appolagised to me for what has happened and said that they have to follow up all complaints, but that didn't stop them arresting me at home, finger printing me, DNA swabs being taken, and being locked up in a cell for 3 hours.

sorry about the spelling but I am still crying as write this.

[Rights Fighter]

Hi both

You will need to instruct a solicitor who is experienced in false allegations of rape (rather than defending sex offences) as it is a whole different ball game.

Not much can be done until if/when you are charged, which is when paperwork then starts to trickle through.

Others should be along soon to offer their support.

[Saffron]

Hi LJW and Eddie and welcome. I am sorry you had to find us, but glad that you did.

Rights Fighter has given the most practical advice on the legal front, please do instruct a sol as she advises.

I would also suggest that you write down everything you can remember about the alleged incident. In Eddie's case this may be difficult as the complainant is alleging it was such a long time ago, but any small detail may be very helpful. If you uncover anything that proves the complainant is lying, please do not pass it to the police, as they are not interested in proving that a crime Did Not take place, they are merely gathering evidence that the "rapes" did occur. Give any helpful evidence to your sol once you have instructed one.

In LJW's brother's case, he should keep any text messages/emails etc, and try to remember the time and date of any phone calls. These can be tracked by your ohone provider. Particularly important is that your brother recalls any contact he had with this girl after the so-called "rape" happened.

Tempting though it may be, please do not try to make contact in any way with either girl!

You may find it helpful to talk to someone you trust, or your GP. Garner as much support as you can and don't be afraid to talk about it. Better out than in, and you may well find out who your real friends are.

Keep posting and remember you are not alone!

Saffron

[Rights Fighter]

I can't give too much advice at the mo as I am preparing for my well earned break!!

As Saffron says make notes - anybody who would make good material witnesses get them to write their accounts asap in a letter form (together with contact details) to start with, and once you have found yourselves experienced sols make sure that the sol knows you want them to be interviewed.

[eddie]

I know what you are going through

My notes are below, I have now been found totaly innocent of any wrong doing, the only thing to be careful of is the Police will keep your brothers file for 10 years.
What I suggest is that once this is all over, get a form from your local police or web site (date protection form or disclosure form) and find out exactly what the police have on file.
Also the other problem you may have is the police will not charge the women, as stated to me "Its not in the public intrest", think carefully about a private prosicution aswell, as it could run into £100's.
I know this sounds abit gloomy but I have the same problem, trying to get on with life, and I would rather tell you the truth than build your hopes up.

Good luck and Love

Eddie:

hi, so glad i have found this site and will pass this on to my brother it may help him, at the minute my brother is being accused of rape, he is only 18 and was going out with this girl, we all know he hasnt done it, we are all sticking by him, he is very depressed and u can see on his face that he has alot on his mind, this girl has accused me of racial abuse also over facebook, lie's all of it, she is only 16 and lying so much, its getting to us all of us, mid dec is when he has to go back to police station, i just hope she realises what she is doing is so wrong, and when my brother is cleared we will be taking this to court against her!! please if u have been thorugh similar i will take all the advise possible.

[worriedfather]

as the others have said write everything down and give nothing to plod as it get "lost". what you are up against is simple, plod will not attempt to prove your brothers innocence, rather they will simply gather evidence to support a prosecution. My son told plod that he had used a condom, plod did not bother to collect it or test it, defence sol had to get it done and it was positive for both sets of dna. plods answer ? it was irrelevant !
i suggest you get your brother to think if his friends could provide statements that they were happy and loving after the "rape" occurred. get your brothers sol to take them as plod will twist for their own needs. did they have a volatile relationship ? breking up and getting back together. there is an increase in false accusations at the end of relationships.

[Rights Fighter]

My notes are below, I have now been found totaly innocent of any wrong doing, the only thing to be careful of is the Police will keep your brothers file for 10 years.
What I suggest is that once this is all over, get a form from your local police or web site (date protection form or disclosure form) and find out exactly what the police have on file.
Also the other problem you may have is the police will not charge the women, as stated to me "Its not in the public intrest", think carefully about a private prosicution aswell, as it could run into £100's.
I know this sounds abit gloomy but I have the same problem, trying to get on with life, and I would rather tell you the truth than build your hopes up.

Good luck and Love

Eddie:

Were you NFA'd or found not guilty? If NFA'd, I learned on another forum where qualified sols and barristers help that after NFA the file is kept for 99 years.

[eddie]

I was NFA'd, a D.I. from the local Police said 10 years for DNA and PNC files, I do hope its not 99 yrs, as I'm finding it difficult enough to find a job now.

Were you NFA'd or found not guilty? If NFA'd, I learned on another forum where qualified sols and barristers help that after NFA the file is kept for 99 years.

[Rights Fighter]

I am sure they are right - but I was referring to CRB and ECRB checks - that's the big difference however I will check up for you. RFLH may need to remind me!

[Saffron]

As far as I know an arrest will only show up on an Enhanced CRB check. (these are done if you work with children/vulnerable adults/for the govt/MOD etc). A standard CRB check will only show arrests which led to a charge.

[Rights Fighter]

Massive apologies guys:

I have scoured the site I was talking about and find that it is a police CAUTION (an admittance of guilt) is one record for 99 years - not NFA.

Police cautions are subject to rehabilitation immediately they are issued, however, as far as remaining a matter of police record, they are normally subject to a 'step down' period......

... of usually 99 years, which in effect means that during the subject's lifetime..... indefinitely

I shall now go and get me a nightcap and have an early night!

SORRREEEEEEEEEEEE!!!!!