Help please?

[belle6978]

Hi, was just looking at the internet in hope of some advice and came across this forum which seemed to be the best place to start.
in the early hours of yesterday morning (5.30am) the police came to my house and arrested my brother (he lives with me) on suspician of rape, gbh and harrassment.
they put him into a cell untill 10am and then questioned him with a duty solicitor present.
he is being accused of rape 4 and a half weeks ago,(why did she wait that long to report it?) the gbh from 2 years ago and the harrassment ongoing. This person is is ex girlfriend, they were together for a year but split in november 09 although they were still seeing and sleeping with each other up till a few weeks ago. she has told the police that my brother came over one night and raped her when what actually happened was that my brother went out for a drink with her brother and ended up back at hers, as he had had a few he asked if it was ok to get into her to bed to sleep, she said yes. She got in bed to and my brother fell asleep nothing even sexual happened! she has told the police that my brother gave her a fat lip 2 years ago which is the gbh charge which is untrue. she also stated that she and my brother stopped seeing each other back in march 10 and is now saying he has been harrassing her when infact after she stopped contacting him a few weeks ago he sent her a few txts asking what was up. The police have seized my brothers phone. My brother has also been arressted before for assult but she dropped it the next day saying it never happened.
He has been released on bail for 4 weeks.
My family are all so distraught at the thought that this girls lies could see my brother in prison for something he never did. I just need some advice
Has anyone got any recommendations of solicitors in the west mids area?

[LS]

Belle, the police visit this forum and trawl for information. I have removed a sentence from your post, for your own security. I cannot go into detail out in the open, for the above reason.

[gareth589]

Well you have come to the right place.

At the moment, you and your family and brother will all be in shock about events wondering what if this, what if that.

Over the coming days, your brother will relive events and what really happened and only him and the girl will know the real truth and events.

My advice to you and your family is to be strong for your brother, as no doubt he will be scared of all the things that run through your head. Keep his spirits up and be supportive, he may well go in to depression and suffer from sleep problems, keep a close eye on him and listen and be there.

I would not be overly worried by the charge of assault from 2 years ago, it is a issue, but for now You need to focus on the rape allegation and defend him for all its worth.
It is the norm for the police to take mobile phones computers and other items in the course of a investigation so don't be alarmed.
Christ they had a field day with my case as i was into the swinging scene and it all come out.

If your brother has not done so all ready, he needs to make contact with a good Solicitor not always the duty one and take good solid legal advice.
He should right down events from the start of the relationship to present and keep this safe and provided a copy to loved one, in case the police do take this and it goes missing like they sometimes do.

The solicitor will no doubt want to know the ins and outs at great detail and this will be done at lengths when he meets them.

You might be thinking what will the police be doing. At this moment the y will of received a complaint from the victim.
She will over the coming weeks at her pace be interviewed by specially trained officers, either on video or under tape.
The police will carry out medical to see if evidence can be obtained.
This whole process can take a few month to a year, it all depends on the facts they are working with.
I would suggest from my experience, when your brother answers bail next, he will be interviewed under caution and the statements and facts will be presented to him, and they will want his side of accounts.

from this, he will be bailed and they will go away and look into things, from here the OIC, (OFFICER IN CHARGE) will do what is called a face to face interview with a Senior Prosecutor from the CPSand the case will be handed over for them to see if there is a case to answer, and what should happen.

When your brother answers bail again, this is when he will find out what will happen. It could also be dropped before this.

It is a waiting game and sadly this can kill the human soul from within, you and the family need to be their at all times, as well as letting him do what he wants to do.
I hope this helps.

Gareth

[belle6978]

Thank you for your advice and kind words gareth.
ive started to collect some evidence together, printed it off and passed it on to a very close friend. Im going to try and get in touch with solicitors tomorrow, but some recommendations would be a great help. My brother seems to be in a world of his own and even after two days i feel exhausted from the emotion and also from the amount of time ive spent researching things and contemplating the what if's? I just cant seem to switch my mind off from it.

[LS]

Have a read of the sticky at the opening of this forum:
http://www.daftmoo.org.uk/mooforum/s...ng-of-evidence

It may give you some pointers, but it sounds like you've got your head on your shoulders.

[belle6978]

thanks ive just had a read through. Im just glad ive found this forum with its great advice and support

[Rights Fighter]

Gareth said:
When your brother answers bail again, this is when he will find out what will happen. It could also be dropped before this.

Unfortunately your brother could be bailed and rebailed for several months while the police "investigate" (gather evidence to support a charge/conviction).

The "fat lip" business, there would have to be some evidence of this, medical where she complained that he had been responsible for that, or somebody who she "told" at the relevant time. That would be called "recent complaint".

The "recent complaint" is also an issue with the alleged rape.

She waited so that there would be no medical evidence to disprove her claim as it would be a complete waste of time her having a medical examination now.

It looks like she is hoping to make some financial gain out of this. Is she skint? Does she owe money? Does she take drugs / owe money to a drug dealer and been threatened to pay up?

You will need to find a solicitor who is experienced in defending false allegations of rape as opposed to defending sex offences - there is a world of difference.

In which county would the trial be held if this matter proceeds? I might know of a solicitor in that area, hence the question.

[belle6978]

it would be the west mids area.
I used to spend alot of time with her when they were together and at no point did she ever have a fat lip.
Shes never had much money but in the last couple of weeks she has told people she has started seeing somebody new

[Rights Fighter]

I can recommend a couple of good sols in Birmingham. Would that be close to where teh trial, if it happens, would be held?

[belle6978]

Yes it would be birmingham. If you have any solicitors names that would be great help. Thank you

[Rights Fighter]

Christine Richards and Suzanne Hughes from:
Will Harrington solicitors & Co
0121 321 1999


or

Paulette Parry
MCgrath Solicitors and Co
0121 643 4121

or

Keith Astbury, Suzanne Neill & Neil Davis
Glaisyers Solicitors
0121 233 2971

[witsend]

Welcome

belle6978. Glad you found your way here, there are some VERY wise people on here and if you have read other threads you will know by now that you and your family are far from alone. YOU will find this emotionally exhausting and if you find thins are getting too much please go to you GP, explain what is going on and your GP can offer you another form of support. Please don't let your brother wait too long himself before seeing his doctor, you will be shocked how quickly some people can sink into the depths of depression and anxiety, keep a close eye on him, he needs his families support. Please keep coming back.

[belle6978]

thank you RF, i have passed these on to my brother and he is going to contact them tomorrow and hopefully get one on board as we want him to have his own solicitor when he answers bail next month.

Also thanks for the advice witsend, i am so worried about him, he has a tendancy to become depressed. he has to visit the doctors onece a month to get his pills and i am so concerned that this will just tip him over the edge and he will do something stupid. I just keep reminding him that he has two little boys who love their daddy very much as well as myself and my mom and dad. Im also concerned for my mom she hasnt got the best of health and is also prone to depression. I feel like my dad and I are the strong ones and even he is starting to have sleepless nights

[eastwood]

hi belle

Hi belle, ur bro is one of many falsely accused, i didn't believe this would happen to me but it did i am also on bail while the police investigate this lie, people can be so cruel without a thought for others and there families but try to stay possitive and stay as close as you can to ur bro, this site is a god send to people who are falsely accused

[witsend]

belle
If your brother was already prone to depression he needs to see his GP ASAP to make him/her aware of what is happening, this would also be true of his Mum and Dad. Please remember to take care of yourself, we all try to stay strong when a loved one is going through this hell and it takes it's toll. Bear in mind that the Samaritans are very very good if you need someone to talk to. Please keep coming back here and we will do our best to advice and support you. You are in my thoughts