My brother is being accused of RAPE by his ex gf whom he got 2 kids. They are separated now for more than two years. After the separation, they switch turn every other week for the kids custody. Last May, all of a sudden the mother didn't want the kids to see their father. So my brother, filed for a child custody at the courthouse. And his ex-gf is now saying that my brother raped her and so on and so forth. She is using this excuse to get the full custody of the kids which is a no basis accusation. What case can my brother file against his ex gf?
2007-07-10 11:54:06 · 7 answers · asked by thalia 1 in Politics & Government ➔ Law & Ethics
You need to get on with your own life, and let your brother fight his own battles.
2007-07-10 11:59:40 · answer #1 · answered by badbill1941 6 · 0⤊ 0⤋
The fact he has two kids with her is going to make her claim appear suspicious, and the fact she waited two years to file, and only after he filed for custody. When it is proven untrue, He needs to pursue with the police to file against her a filing false police report charge which in most states is a felony. As another answerer said he can file law suit for liability, and slander, but only after he is aquitted of the charge.
2007-07-10 19:04:32 · answer #2 · answered by danielss429 4 · 0⤊ 0⤋
He needs to focus on the rape accusations right now. After they are cleared up, he can file for libel.
2007-07-10 19:28:11 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Honestly if your brother is innocent he's better off concentrating on clearing his name. But he can sue her in civil court for libel. If he can prove his case and he can talk the police and DA he can get her for filing a false police report.
2007-07-10 18:59:30 · answer #4 · answered by dixie8026 3 · 0⤊ 0⤋
The girl friend can file anything she wants, but she needs PROOF. She probably doesn't have it and no lawyer will take the case. Your brother should sit tight for a while.
-MM
2007-07-10 18:57:50 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Probably nothing until the other matters are resolved.
If the matter goes to formal charges, and he is acquitted (or if the charges are dismissed in his favor) then he can sue for wrongful prosecution.
2007-07-10 19:09:57 · answer #6 · answered by coragryph 7 · 0⤊ 0⤋
I wish I knew.....
2007-07-10 18:57:30 · answer #7 · answered by Anonymous · 0⤊ 0⤋