what to do if you are falsely accussed of molesting soemone?

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jen5jack

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My brother is being accused of molesting the daughter of a women he lived with about 5 years ago. I know this is not true and that the mother has a history of mental illness and the daughter, who loved my brother, was in therapy and has a history of lying. He is to be arrained next week and are not even sure of the complaint against him. Basically I am wondering what they process is here in the legal system? Can someone just make a claim and provide no proof and potentially ruin someones life. Any advise would be appreciated
 
He NEEDS an attorney.

Seriously - there's really not much to be said other than that he (and frankly you) need to say NOTHING to anyone about the accusations, and he should speak ONLY to his attorney.

It's also not about someone "just making a claim". Every accusation needs to be investigated, to protect the victim.

To reiterate, your brother needs an attorney - period.
 
Thanks for your response. He does have an atty - I just want to know a bit more about what to expect on Monday at his arrainment. He is under the impression that he will also be arrested and have to post bail. Can all of this happen w/o anything being investigated? The mother has serious mental issues and the daughter has had been in and out of therapy being labeled a liar. I only know this because the mother shared it with my brother when they were together. Won't they look into any of that before even beginning the process of potentially ruining someone life? Thanks again for your time
 
Thanks for your response. He does have an atty - I just want to know a bit more about what to expect on Monday at his arrainment. He is under the impression that he will also be arrested and have to post bail. Can all of this happen w/o anything being investigated?
Yes, that CAN happen. And how do you know the matter has not been investigated? I suspect it has been. The prosecutor is NOT going to file a case with the court until he has at least looked into the matter. If your brother is being arraigned it is because an investigation has been done (maybe ongoing) and he or she believes there is probable cause to believe a crime has been committed and your brother has committed the crime. Further, the prosecutor likely believes that there is sufficient evidence to meet the legal burden he must prove "beyond a reasonable doubt."

The mother has serious mental issues and the daughter has had been in and out of therapy being labeled a liar.
Not entirely relevant at this point. And no therapist is going to "label" anyone. Being in therapy does NOT mean that someone is some sort of a pathological liar. Your brother may call the girl a liar, but that does not mean she is pathological or even that she is lying about this.

I only know this because the mother shared it with my brother when they were together. Won't they look into any of that before even beginning the process of potentially ruining someone life?
They probably have and they likely still think the victim is credible. That may change, but at the moment they are obviously taking the allegations seriously and believe the victim's account.
 
Thank you for taking the time to respond - at least I have a bit more information and will hope that justice will prevail.
 
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