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My brother is Falsely Accused of rape! PLEASE HELP!

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  • My brother is Falsely Accused of rape! PLEASE HELP!

    Our family is having the most difficult time of our lives and everyone is heartbroken after hearing what happened to my brother, falsely accused of rape. He spent one night with his friend last year and she accused him of rape recently. Because they are both international students studying in UK, I am not sure how the law will work. None of family members live in UK to support my brother so we are very concerned about both his mental and physical health. He’s not coping this at all. He is in a severe depression.

    He was arrested at the airport; two police officers told him he was under arrest for suspicion of committing rape. He regrettably provided to the police what he remembers without proper representation. Police provided solicitor but he was no help but pressure him to listen well to police officers so he can answer. (He is not perfect in English) He is now on bail with conditions, not contacting victim and the witnesses who were at the house party on the night of the question. Even though they had intercourse after guests are all gone. He is scheduled to have an interview on Jan.

    My brother believes her motivation is exacting revenge because she believes he started rumors about her promiscuity.
    After party is over, they spent a night together – naturally progressed to have intercourse without any refusal from her. After that night, they didn’t make any arrangements to meet privately though. But they met each other at small clubs and on the streets occasionally and greeted each other warmly every time. However, sometime afterwards the victim believed my brother and his friends were spreading rumors of her being a slut. He heard this so tried to assure her that they are not spreading such rumors through one of her friend. But they slowly drifted further apart. And now my brother is falsely accused of rape.

    After he was arrested for a day, he and his best friends met and my brother found out that the victim slept with his best friend 3 days after the night of the question.

    Status regarding message history: She unsubscribed a messaging app that our people use (it’s the only app our people mainly use for message), and because my brother also had to reset his phone after upgrading his cell phone, the messages that they sent each other is not in his history. Trying to figure out how to recover them.

    This is completely ruining all of us and one of the elders in family is in a hospital after hearing this bad news. The police took my brother’s belongings such as lab tap, hard ware, memory card, and passport. They treated him as a rapist without any proof. UK is not their country, they are both international students from the same country but she reported to UK police. We don’t know anything about law system in UK and we need help finding the right legal person.

    Called the embassy to get help and they introduced one barrister from big company. Her pay is 600 pound per meeting or hour? They will have conference next week. Fee is very high and she is a barrister so we need to get a solicitor separately. If you have any recommendations of solicitor and barrister, please help us and if you have any thoughts or experience to tell, please share with us. Thank you very much!

  • #2
    Hello and welcome to the forum though sorry you needed to find us,

    Regrettably an accusation of rape after a 'one night stand' is not an unusual scenario on this forum and there are lessons to be learnt for all concerned, but hindsight won't help your brother now!

    I'm afraid I don't know whether your brother will be eligible for legal aid to defend the accusation, but in any case it would have to be applied for by the solicitor he chooses so, as you say, the first step is selecting a suitable firm. There are some recommendations from members in this thread: (best to select a firm in the area where the incident occurred)

    http://www.daftmoo.org.uk/mooforum/s...ist-solicitors

    There is some general advice in this link:

    http://www.daftmoo.org.uk/mooforum/s...at-happens-now
    'What doesn't kill you makes you stronger'

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    • #3
      Read the forum very well. This will help you in the coming months.
      [1] Brother May well be released on Police Bail. He will need accommodation - so the Police may find that for him. However paying for it I believe is a private matter. Have funds ready.
      [2] Email communications / what's app start them with your Brother as soon as possible.
      [3] Advise him to stick to his bail conditions religiously.
      [4] Get a new phone & a call recorder app on the phone. They work & are cheap.
      Re his old phone the Police can recover it, but if it proved innocence I am sorry to report the Police may not disclose it. If you still own/have the phone then you can recover the data using a firm such as https://www.controlrisks.com/en/serv...urity-services
      They have a dedicated in-house data forensics team. Usually focussed on corporate cases but if I was in your position I would get a referral from them first.
      [5] Look on this forum for a suitable solicitor (criminal Law) in your brothers area.
      Where is he (roughly) in the UK? London?
      [6] Timescales - 12 weeks Police Investigation, if it passes the internal "Threshold Test" then around 8 weeks is the typical time the CPS take to make a decision to go to trial. These represent minimum timescales.
      [7] Keep him busy with writing everything down in a hardcopy book. He must do that. Everything about the allegation & night that caused this. He must share this with you (Scan / picture / email) so you know everything. You will have to work as a "distributed team" over the internet to keep his spirits up & work through this with him. Work the problem & think why, what is the motivation? Why? When you have that the stress will reduce.
      Use the family to work as a team on this. Many heads, many thoughts, on the same problem. It does work - it is called "The wisdom of crowds" so it does produce the best analysis.
      [8] Scan social media of the False Accuser (FA) & screen shot everything you can. Use a "sockpuppet" account if you need to. Keep everything backed up.
      [9] What country are you support your Brother from if I may enquire? Time zones may be an issue...
      [10] Your situation is not unique. Hopefully other members will be along to provide more sagacious advice than I can deliver very soon indeed.

      Come back here often. I am very glad you found the forum. You are not alone. Neither is your Brother.
      Mr B

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