Legal Question in Criminal Law in North Carolina

Re: False Accusations

Based on the minimal information you have posted here, it is very diffiuclt to advise you about your brother's situation. First and foremost, you need to secure the help of a competent lawyer who concentrates in CRIMINAL law in the county where your brother is accused.

Next, you need to get word to your brother that he should make NO statements whatsoever to law enforcement officers about what he may or may not have done with his accuser before he has opportunity to consult with an attorney. He needs to remain silent even though he is innocent. He will have plenty of time to tell his story from a witness stand later on, and there is no sense in telling law officers what it is ahead of time. The investigating officers would try to discredit his pre-trial statements to them and make him look like a self-serving, mentally ill liar before any proabable cause hearing or trial.

If you cannot afford to hire a lawyer for your brother, your brother needs to request the first judge he appears before to appoint him a lawyer at his first appearance in court.

There is no mechanism for making a "false accusation report" in NC that I know of; even if there were, it would not be a good idea since law enforcement obviously beleives his accuser at the moment and would use that report to try to discredit your brother.

MY STRONGEST ADVICE TO YOU: get your brother a lawyer now! Don't wait another day. This is not some sort of speeding ticket or shoplifting charge. The longer you wait, the more difficult your brother's situation is going to become.

Good luck.

Re: False Accusations

I cannot discern from your question whether your brother has been charged with rape, or whether she is just accusing him of rape. There is a world of difference there. If he has been charged with rape (i.e. by the police), then the previous response is correct, he needs a lawyer, and should not talk to anyone, innocent or guilty. As for the lack of evidence, her testimony will be plenty of evidence. If by "accusation" you simply mean that she is telling people that he raped her, then I would not suggest you do anything about that. (One could theoretically sue for defamation, but that is not practical.) Finally, and perhaps the most important aspect of your question, is the part about the threats. Your brother can take out charges for communicating a threat, which is a serious matter. If he is really threatened by this person, the he should consider this.