false allegations of historic child rape

[whatsgoingon?]

Hi victimized, Do you think your brother could be suffering from drug-induced dillusions? This doesn't make your position easier except that he would have a real problem justifying his claims and ultimately, being taken seriously. It could be that he will feel it necessary to elaborate more and more, telling bigger and bigger porky-pies in which case he will end up totally discrediting himself.

The fact you don't have a criminal record and the nature of his will probably act in your favour. From what you say, there's no proof, just his word ( ) against yours. It must be very uncomfortable in the family home right now, I suspect you're best away from him. It must be a horrendously difficult situation for your parents. Are any of you in contact with a support group for families of drug users?

[victimized]

Hi victimized, Do you think your brother could be suffering from drug-induced dillusions? This doesn't make your position easier except that he would have a real problem justifying his claims and ultimately, being taken seriously. It could be that he will feel it necessary to elaborate more and more, telling bigger and bigger porky-pies in which case he will end up totally discrediting himself.

The fact you don't have a criminal record and the nature of his will probably act in your favour. From what you say, there's no proof, just his word ( ) against yours. It must be very uncomfortable in the family home right now, I suspect you're best away from him. It must be a horrendously difficult situation for your parents. Are any of you in contact with a support group for families of drug users?

I very much doubt he is suffering from delusions; prior to 2013 he was never short of finances and he never made allegations of this kind. Since last year, his financial circumstances have deteriorated and he is heavily indebted to loan companies. It is more likely that he has made such claims to obtain compensation.

[victimized]

Doli Incapax would only apply to charges for the age 14 years and younger , so charges from age 0 - 10 years old , you are classed as incapable of guilt , ages 10 - 14 years old they will need to rebutt Doli incapax .

Any charges they bring that relate to you been 14 years and over then they do not have to rebutt Doli Incapax for any charges they feel they will bring for when you where 14 years and over.

Also any charges they bring are also retrospectively applied they can only charge you under the names of the offences from the dates you are been accused of, things have changed over the years , this may sound confusing but it is the case in your case.

look up the sexual offense act and see how it has changed over the years , find the sexual offense acts that apply to the date range you are been accused of sexually abusing your brother.

My brother alleges that he was anally raped, attacked with bleach thrown onto him, forced to drink bleach, had acid thrown on him, forced to drink acid, cut with knives, was set on fire, was forced to push his hand into a gas fire, and was beaten up and that I did all of these from 1983 to 1990. He was aged from 5 to 12, I was aged from 10 to 17.

Despite his allegations, he had no trace of injuries consistent with attacks by bleach, acid and/or beating. In fact the consumption of bleach and acid would have been fatal, especially at such a young age. Furthermore, we were constantly supervised when at home by my grandmother who is no longer alive. If any such incidents had really occurred she would have reported them to my parents. the absence of any report and physical symptoms of such abuse clearly prove the false nature of the allegations.

The only evidence is his statement with no supporting proof. The allegations were the result of his resentment at being reported (and being arrested) by police by my mother for assaulting her. He wanted her to suffer by citing allegations that I be arrested. Another factor is my refusal to give him financial help when asked. As he is a recovering heroin addict heavily in debt he is likely to be motivated by the prospect of compensation.

[victimized]

Update to previous threads

In June the police referred the investigation to the Crown Prosecution Service. Since that time, I have been re-bailed many times. My solicitor believes that the fact I am being re-bailed is due to their failure to find evidence against me.

My brother continues to live with my parents. He has verbally and physically threatened them and he was arrested for domestic abuse.
One possible motive for his reporting of false allegations to the police is envy that results from sibling rivalry. As he thinks that our parents like me better than him the lies are to hurt me out of spite and thus to hurt them indirectly. A second motive is that he is short of cash and he is heavily indebted to loan companies. It is more likely that he has made such claims to obtain compensation. A third reason is that he is a drug addict who wants to leave the family home so he can return to drug taking in a flat of his own. Yet he does not have the money to move out.

The third reason is particularly relevant. He has regularly expressed his loathing of living in the family home to our parents. On two occasions he spoke to our parents and offered to retract his allegations if they pay him money.

A further matter concerns a sheet of paper from 1987 which described that I hated my brother to such an extent that I did not even like him to touch me. It describes that he should not near me. If he touched me I used to wash to make him angry. Our parents remember seeing that I went to the sink after contact with him. The reason for the hatred ensued from his making obnoxious comments about me to everyone. Our parents found the paper and it has been handed to the police.


I would like to know the implications of this act upon my case and would appreciate any opinions and information.

[Casehardened]

A further matter concerns a sheet of paper from 1987 which described that I hated my brother to such an extent that I did not even like him to touch me. It describes that he should not near me. If he touched me I used to wash to make him angry. Our parents remember seeing that I went to the sink after contact with him. The reason for the hatred ensued from his making obnoxious comments about me to everyone. Our parents found the paper and it has been handed to the police.


I would like to know the implications of this act upon my case and would appreciate any opinions and information.

Thanks for the update.....with regard to the usefulness of this document to any defence that you may need, I guess it depends on who wrote it; is it possible to determine this?

[whatsgoingon?]

I am sadly familiar with the family dynamics you describe. I would advise you to detach yourself from the emotional situation regarding your family - try to see things in a very cool and rational way ( if you're not doing that already) This is not your brother, this is a total stranger, one who's egocentrical and calculating. Don't be influenced by your parent's position for whom the situation must be a complete nightmare. You're out to gather information to defend yourself, not please nor harm anyone else.

Concentrate on gathering as much evidence as you can, contact old friends or anyone else who may have witnessed you brother denigrating you. Were there particular incidents you can quote within a set context and time-frame?

Your suspicions as to his motives may all be correct to some extent. It seems to me you're dealing with someone who's intelligent and resourceful, but overall a very nasty piece of work. He's so focalised on his hatred for you, his total contempt for your parents and possibly not very rational - in his keenness to have everything his way he will trip himself up.

[victimized]

Thanks for the update.....with regard to the usefulness of this document to any defence that you may need, I guess it depends on who wrote it; is it possible to determine this?

I wrote the document. At the interview, I told the police that I disliked my brother to such an extent that I did not want him to come near to me, ever. Because I hated any physical contact with him it can only follow that I did not rape him as rape is a more intimate form of contact than mere touching.

When he was born I was jealous of my brother as he took most of the parental attention. This led to a growing dislike of him. Before his birth, I used to play solitary games on my own with Etch A sketch, Fisher Price models, Speak & Spell. I did not adapt to the life of a brother and rejected his attempts to play with me. This made him jealous of my toys and he used to break them. Because he had damaged my prized possessions, I began to scare him away by firing a toy gun at him. The bang was really loud and scared him to the extent that it made him cry. I was 9 and he was 4 when this happened.

The situation worsened. I continued to spurn him when he came to play with me. He damaged my toys and I began to damage his. When he was 10 (I was 15) he ripped up all of my clothes. To exact revenge, I smashed his computer and all of his games. From then on, he has always complained to family and his friends that I never accepted him as a brother, that I smashed his computer and that I scared him with a model gun. He claims to have had nightmares concerning the gun. He claims that because his computer was destroyed he was not able to study. He claims that because of his nightmares about the gun he could not concentrate on his schoolwork. He claims that because I did not show him brotherly affection he had no choice but to find a surrogate brother elsewhere. He made friends with teenage boys and girls who introduced him to a lifestyle of drink and drugs. They encouraged him to play truant. He left school without qualifications.

He has since resented our parents claiming that they did not do anything to make us closer. He has threatened them into paying him money for the computer and the games which I had destroyed saying that he wants compensation and when they hesitated he physically assaulted them. They have paid him thousands more than the real value of the destroyed items.

Likewise, he has threatened to attack me for not accepting him when he was born. He claims that because I showed him no love he was forced to find it with people who used him and led him into drugs and drink. He later became addicted. Thus he has placed the blame for his plight upon my attitude to him. Since then he has demanded that I pay him compensation for destroying his possessions. He has also said that I must pay him money on a regularly basis as my scaring him away with the gun and the destruction of the computer on which his schoolwork was kept has deprived him of an education. He claims that he does not have any qualifications because of my past behaviour and this has later prevented him from getting a job and made him take up drugs dealing to earn money. As a result he was caught by the police and has several criminal records against him. He claims that as a result he cannot now get a job and it is my fault.

However, he NEVER once mentioned that he was raped or physically abused until last year. On the day of my arrest, the police officer asked him why he made the allegations only now, after over 20 years following the alleged incident. He replied that he did not know that he would be able to press charges. The officer added that he must have noted the celebrities who are facing such charges in the national media, but he gave no answer.

From 2004 until 2013 he had lived in his own flat. He never came to the family house. During this time he began to take cocaine and vodka and he got into debt. On account of his financial difficulties he was forced to give up the flat and return to the family home.

Additionally, following the date of the alleged rape my brother used to, as he told our parents, “want to get closer to me”. Our parents are aware of the fact that he wanted us to be close brothers and that I showed no interest. He often used to buy aftershave and asked our parents to give it to me as a present. Due to the grudge that I held for his behaviour towards me as a child, I refused to accept the gifts. Until he made the false allegations he also wanted to hug and kiss me. He was not happy that I was reluctant to accept his show of affection. All of this would surely point to my innocence of the charges. A genuine victim of abuse would not want to be on amicable terms with his abuser let alone to hug and kiss.

Moreover, my unwillingness to be a close brother to him, the fact that I rejected his attempts to build closer ties with me plus my reluctance to hug and kiss him indicate my aversion to physical contact with him. Bearing in mind that I have disliked physical closeness with him since childhood this would indicate that I would not have raped him. This is an extension of the past reluctance to accept that he is my brother.

[Casehardened]

Thank you for the clarification that you wrote down your feelings about your brother in this document.

It is obvious that both you and your brother's emotions have gone far deeper than mere sibling rivalry and of course the allegation against you is probably some form of revenge.

My thoughts about the document (and bear in mind this is only my opinion!) is that if produced in court the prosecution may counter it by saying that rape is a violent and aggressive act and so is commensurate with your feelings towards him.

Should this get to court you will want the jury to be on your side so probably best to stress his erratic and violent behaviour and yours and your parents attempts to correct it.

[victimized]

I would be grateful for answers to certain questions regarding the matter:

1. Prior to making the false charges in 2013, my brother has tried to get on friendly terms with me by sending me presents. He has told our parents that he wants us to be closer as brothers. After returning to the family home two years ago he wanted to hug and kiss me. Furthermore, he became furious after I told him that I am going to move away from the family home and he said that I am moving to get away from him because I continue to hate him from when we were children. Before I spoke to him in these terms, he had told me of his desire for us to live together. A few days later he told lies to police.

Do these facts (that he wants to be close to me, that he wants hugs and kisses and that he lied to police only after believing that I hate him so much that I am leaving the house) indicate that his charges are fabricated? Surely a genuine victim of rape will not want to have a close relationship with his rapist let alone want hugs, kisses and want to live together. Does my reluctance to accept him (I never accepted his presents and never gave any, I showed my hesitation to be hugged and kissed) indicate that I loathed any form of physical contact thus rape would have been impossible?

2. The fact that he offered to our parents to withdraw his allegations in exchange for money. This is an illegal act, Perverting the Course of Justice (i.e. stopping prosecution in return for a payment of money). A real victim of something as heinous as child rape would put retribution as the priority not obtaining finances. Bearing in mind that he is in need of funds, is this not evidence that his charges are fabricated?

[victimized]

If you find yourself charged , contact me via PM and i will send you a copy of the judges ruling on my case before he kicked my case out ,he brings up many important points that would make this case near on impossible to put to a jury due to delay , doli incapax etc , it is around 5 pages long , your legal team will find it good reading.

Thank you soulbug for your offer.

The CPS has concluded the investigation. I have been charged with :

Indecent assault on a boy under the age of 16 years from 13/06/1983 to 03/06/1991 contrary to section 15(1) of and schedule 2 to the Sexual Offences Act 1956,

Wound/inflict grievous bodily harm without intent between 03/06/1983 to 02/06/1991 contrary to section 20 of the Offences Against The Person Act 1861,

Attempt to cause grievous bodily harm with intent to do grievous bodily harm between 03/06/1983 to 02/06/1991 contrary to section 1(1) of the Criminal Attempts Act (1981).

My brother made false allegations that he was anally raped, I set him on fire, that I put his hand in the fire, that I covered him in bleach, that I forced him to drink bleach, that I threw acid on him, that I cut him, that I beat him up, and that at school I made boys attack him.

The CPS decided to press charges as they found evidence given by our father to be compelling (he is now a witness for the prosecution).

Advice from other members of this forum will be very helpful.

[victimized]

Update.

Since I last visited the forum, I was diagnosed with Autistic Spectrum Disorder, Asperger’s Syndrome. The diagnosis stated that the condition was present since early childhood therefore I would certainly have had this condition during the time of the alleged abuse.

How could the diagnosis benefit my defence?

[Rights Fighter]

I can't see that it would. It doesn't make any difference to the veracity of the allegations. You deny them aka "it didn't happen".

Being autistic doesn't mean you are more (or less) likely to rape and/or abuse anyone else.

[victimized]

Evidence indicates that individuals affected by Autistic Spectrum Disorder, Asperger's Syndrome are less likely to be involved with sexual abuse due to the impairment of social interactive skills caused by the condition. Many are affected by tactile aversion which causes discomfort when being touched or touching others.

My case is historic by nature and dates from 1983 to 1991 when I was aged 10 to 17. The complainant was aged from 5 to 13. In my case, the complainant alleges that I penetrated his anus with my fingers. The evidence is strong that I did not effect penetration with my fingers. In 1980 my school teacher noted the aversion which I held towards faeces and urine as I refused to use the school lavatory and she informed my parents. I have been diagnosed with Autistic Spectrum Disorder, Asperger's Syndrome which existed since my early childhood. Thus I would have been averse to being touched. My hatred at physical contact with my sibling was demonstrated by notes that I have written in 1985 describing my avoidance of the sibling due to fear of defilement. Moreover, the parents noted my washing of my hands whenever I had come into contact with the complainant.

The complainant states that I beat him, put acid and bleach onto him, pushed him down the staircase, set fire to him and stabbed him with needles, scissors and scalpels. Such attacks result in serious injury and even death of which he has no record. This demonstrates the false nature of his claim.

He alleges that I put objects into his anus. He further alleges that I attempted to kill him by suffocation by covering his head in a plastic bag. I would appreciate suggestions as to a rebuttal for these two allegations.

[victimized]

Responsibility for offences in criminal law rests on the defendant having committed the act itself (“actus reus”) and having a guilty mind, or criminal intent (“mens rea”). It may be argued that persons with Asperger's Syndrome did not have the necessary criminal intent, even if they knew that what they did was wrong in a legal sense. In relation to mens rea, i.e., the ability to form criminal intent, it might be argued that some people with Asperger's Syndrome may have an inadequate understanding of the consequences to be morally (or criminally) responsible for their offending (Barry-Walsh & Mullen, 2004, Schwartz-Watts, 2005). (Adolescents and Adults with Autism Spectrum Disorders, Fred R. Volkmar, Brian Reichow, James McPartland, Springer Science & Business, 18 Apr 2014).

The doli incapax principle is a mechanism by which developmentally delayed, disadvantaged, disabled and emotionally immature children in the particularly vulnerable age bracket of 10-14 are protected from the rigorous presumptions of adult criminal responsibility. Could doli incapax be extended to the age of 17 years in a case such as this?

[Rights Fighter]

Ask your solicitor.