Legal Question in Sexual Harassment in Illinois

Accusations of Rape

My brother has recently been accused of rape. The charge was brought by the victim. She claims that on a particular night, she and my brother were together and a series of events led up to the night ending in her view of rape. My brother is innocent and claims that there may have been some heavy ''petting'' ending with consentual oral sex. According to his story, the woman wanted a relationship and to be a more integral part of his life. After he told her that this would not be feasable, she became hysteric and then filed the Defamation of Character statement alleging rape. What are my brothers rights in this case? Does this woman have a case? What are the steps I would need to take to see that my brother is vindicated and all charges are dropped? How will the claim alone affect his record? What do we need to do first? How can we dispute the claim and suppress the charges without any further mental duress? Please help. Thank you

Manoj


Asked on 11/26/01, 9:45 am

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Accusations of Rape

I assume that this is a Wisconsin case. In Wisconsin, charges of rape are very serious and are considered a Class B felony which mayy result in a lengthy imprisonment of more than 50 years. Your brother must retain experienced and aggressive counsel in this type of case. From the outset, the charges are very weak since they rely on the credibility of one witness. As a result, it may be very difficult to prove the case "Beyond a Reasonable Doubt" to a unanimous jury.

If convicted of this felony, in addition to a lengthy prison term, your brother would have a felony record meaning he could not possess guns, he could not vote, he would have to provide a DNA sample for a central U.S . database because he would be considered a sex offender. This is a serious crime

Your brother should make NO STATEMENTS TO THE POLICE without a lawyer present. He will not help himself by trying to provide his version of the facts. Contact a lawyer immediately.

For a FREE consultation call 952.831.5000

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Answered on 11/26/01, 10:06 pm


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