Brother Accused Of Rape! Any advice Appreciated!

[TheScope1980]

Hi all,

My brother has been accused of rape, the bones of it is a drunken night gone out of hand. There is no evidence, girl says she doesn't know what happened and has since been doing things that would blow your mind by all accounts. The one spin on this however is that my brother has either admitted or given the impression he has due to him not remembering what happened and "he didn't want to get into anymore trouble!" The way things have worked shows this is a false claim but can anything he said still be used against him if the neceserry people are aware of why he said what he said! Any advice would be great!

[felix]

I can't give advice but I would say this is going to take a while to sort out and you can't expect any quick fix. You need urgently good legal advice regarding what he said and to whom and when and how to handle it. Hang in there - there are good peeps here who can help

[Bigsister]

It's not at all unusual for people to admit to things they haven't done when they are being questioned under caution.
I frequent a benefits help site, since going though the trauma of an IUC myself & now advise people how to prepare for them, & what'll happen.
Most people would be advised by a solicitor not to go to a benefit fraud related one because it is these interviews that are basically used to gather evidence to use against you in court.
If they are going to prosecute they will. Far better to tackle it head on in court without having to say 'I didn't mean to say that back then'
Obviously in the benefit situations people can refuse to attend the the interview, even though it comes under PACE, you're not actually under arrest, but these situations of false allegations you cant refuse obviously, so quite often people crack under the pressure & admit to things in the hope it'll end the nightmare quickly.
He is going to have to push the fact he felt under pressure & wanted it over. It's also not ideal if he's saying he doesn't remember what happened. Because if she comes along & says she does remember, who is more likely to be believed in court?
x

[felix]

Actually when awaiting my interview before my solicitor came and knocked sense into me, I was willing to admit anything (having been held by then for 17 hours and driven 100+ miles in a police van in the dark and cold...)

[TheScope1980]

Thanks....

Thanks guys, the main problem here is my brother ain't the brightest crayon in the box, he remembers fragments but as I say it was a drunken night, that said she also states she doesn't actually know what happened, going on a friends say so, who guess what, doesn't know what happened. I know it ain't happened due to a number of things I won't go into, and he has the support and I know it ain't a quick fix but your responses have gave me some light at the end of the tunnel.

[Bigsister]

Well lets keep our fingers crossed they NFA it toot sweet!

[felix]

indeed, but be ready for the long haul with lots of ups and downs and confused feelings.