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falsely accused of rape. PLEASE HELP.

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  • falsely accused of rape. PLEASE HELP.

    Hi Everyone,

    My name is Jay. I have never been a member or posted on any forum before, although I do sometimes use them for advice and information.

    Got a pretty big shock last night when my wife got off the phone to her mother and found out my brother in law has been falsely accused of rape. He's 24 and works in a hotel. They had had some kind of post Christmas staff party a few days ago and they were all given a room at the hotel to stay in so everyone could have a drink etc. The party went off, everybody had fun, as you do. He got close with a girl there and they kissed. They went back to his room, kissed some more, had a 'fondle' and passed out. He wakes up at 9 in the morning, she's not there. He goes home as he doesn't have work this day and at about 8pm the police come busting through the door of his house and he has been charged with raping this girl and is now on bail til' May.

    He is absolutely traumatised and has spent the last 48 hours basically crying and being generally upset about the whole thing. His whole family know about it all already as the police went to his house to arrest him. He has told police exactly what I've mentioned in here as this is the truth, although they did keep him for 16 hours and interrogated him. He was even collected from the prison he was in at about 3am after 4 hours of questioning and taken to a different prison an hour away. why, ive no idea?

    Basically, what happens now? What should he be doing? Do we need a solicitor and if so, how do you get one when you basically have no money? We all work, myself and his family, but I cant say we have much in the way of savings. Can this person actually get away with this kind of thing???!!!

    He says he did not even sleep with the girl, just a kiss and a mess about. DNA swab test have all been done etc. should he be worried?? He didn't do anything to this girl. He's and idiot sometimes but he is not rapist.

    ANY advice at all would be so helpful - we've never had to deal with anything like this what so ever beofre so were all feeling pretty clueless......

    THANK YOU.

  • #2
    Hi Justin, welcome to the forum. Well done for supporting your brother in law and I can imagine the turmoil your whole family must be in. Casehardened put together this very informative link and there are others under 'Useful information 'Stickies'.

    http://www.daftmoo.org.uk/mooforum/s...at-happens-now

    Is your b-i-l is home now or is he being remanded in custody? Did he have a solicitor present? If not he definitely should have. There is a link under General information called 'Specialist solicitors'. People have posted solicitors they have had dealings with and recommend. I can't stress how important it is to have a competent criminal lawyer who is experienced in sexual allegations. As far as paying for one goes, your b-i-l may be eligible for legal aid, but may have to make a contribution. I'm not sure what the exact situation is now but he should speak to his solicitor about it. He should also get a copy of his custody records from the police station where he was arrested.
    Were there any witnesses to what exactly went on? Have they been interviewed by the police?

    If he had a blackout I would have thought he could have made a 'no-comment interview' but if this didn't happen it's too late now.

    He should keep any evidence he has for his defence lawyer, not hand it over to the police as it's not unknown for the police to go back to the complainant and allow her to change her story.

    He sounds like he's suffering from shock - his reaction is very common and I suggest he makes an appointment with his GP to give him something to help him though this. He's going to need alot of support from members of his family and friends, it's great to see you're there for him.

    I'm sure others will also be along to offer advice, most have been through it, are going through it or are supporting someone who is/has. Keep coming back on here and posting.
    Best of luck,
    WGO

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    • #3
      Originally posted by Justin. View Post
      and he has been charged with raping this girl and is now on bail til' May.
      Hi Justin,

      I'm a little puzzled by this; an immediate charge is unusual unless the police had actually caught him in the act and there was no likelihood of consent plus it is rather a long bail date.

      Is he in fact resident in Scotland? (where charging is a routine part of the arrest procedure)
      'What doesn't kill you makes you stronger'

      Comment


      • #4
        Originally posted by Casehardened View Post
        Hi Justin,

        I'm a little puzzled by this; an immediate charge is unusual unless the police had actually caught him in the act and there was no likelihood of consent plus it is rather a long bail date.

        Is he in fact resident in Scotland? (where charging is a routine part of the arrest procedure)
        Or it happened in Scotland... As you say...

        There's a difference between Prison and the Police Custody Suite. I'd imagine he was taken to one station and processed then taken to another for a 'VIPER' and potentially DNA/medical examination.

        It is not unheard off for the Police to pounce in present day allegations.

        He will most likely have been asked if he had a bath/shower. If he answered no then slightly more credibility will be given to the DNA results. If he'd been drinking and passed out then I doubt he'd have had intercourse. Is the allegation in relation to intercourse or is it 'oral' rape?
        Wow... A signature option!

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        • #5
          Originally posted by lawlessone2009 View Post
          Or it happened in Scotland... As you say...
          Ah yes, well corrected L1
          'What doesn't kill you makes you stronger'

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