spoilt brat claim step-dad raped her!!

[raine]

My brother was accused of rape by his 15 year old step daughter. The girl is a spoilt brat who constantly attention seeks and disliked my brother because he told her what to do and recently refused to let her have her boyfriend sleep over.

The medical evidence shows only a slight tear and was inconclusive but the police took her bedroom sheets for testing and found a sample of my brothers semen on them which the officer claimed to be 100% his and my brother is to appear in magistrates court on friday charged with rape

Is it possible the sheet was at one time on my brothers bed which he shared with his wife and the semen sample old?? are there tests that can be done to prove this?

I know the evidence does not look good, but i know what this child is like for lying and i know that my brother loves his wife dearly. All the bed sheets are used on any bed in this household

Please advise we are desperate for help and guidance

[Saffron]

Hi Raine

Unless the bedsheets were taken off your brother's bed and put onto the step daughter's bed without them being washed, it is unlikely that the semen would be old. As far as I know a cycle in a washing machine will pretty much destroy any semen. There is a chance that some of his DNA could have remained on the sheet (eg a hair).

Is the investigating officer saying that it is 100% certain that the semen belongs to your brother? Perhaps it belongs to someone else - the stepdaughter's boyfriend, for example, and the officer was trying to intimidate your bro into making a "confession". However, if it is definitely your brother's then in the eyes of the law it's pretty damning evidence. I'm sorry if that sounds harsh, but a jury will think it's pretty conclusive.

You should make sure your brother has an experienced solicitor, one with a proven track record of defending allegations of sex crimes. A standard criminal sol will not do.

Good luck. I hope you get the right outcome.

[raine]

He had a meeting with his solictor who said all the police have managed to prove is that there was a semen stain on the bed but they have not been able to confirm its my brothers dna.

The police officer however is telling everyone is 100% his!!!

He is to appear in court on friday at which point the solictor said the evidence can be seized and set away for further testing to prove the dna and age of sample......she also said the police officer involved was well known for stirring trouble

Fingers crossed it goes his way but many thanks for your reply

[Rights Fighter]

It is not at all unusual for the police to pass on incorrect "information" with the intention of removing all support for a prospective defendant.

I know of one case where the police told potential defence witnesses that "images" had been found on the accused's computer. This was indeed true - images of family get-togethers, the accusers and their friends at scout camp were found. No indecent images of children were found though - this unprofessional and misleading behaviour by the police was enough to place doubt in the minds of people who could have assisted at trial.

Let us know what the results of the defence experts tests are and from thereon in suitable advice can be offered.