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My 16 year old brother got false arrested for rape.

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gavros777

Junior Member
What is the name of your state (only U.S. law)? FL.

My little brother was 16 at the time working at my father's restaurant/bar, the police didn't like the bar and wanted to close us down, they sent a girl 45 years old to him, she took advantage of him cause he was young she took him to the upper diner room and did oral sex on him, the next day she calls the police and say he raped her. The police come and arrests my little brother they keep him 3 hours in the station and after they call my father and tell him they gonna put him in jail for 20 years. My father had cameras in the restaurant/bar and proved to the state attorney that it wasn't a rape and he dropped the charges. In the meantime we found out that the girl that called the police was gonna go to jail because of drug charges plus the police didn't do anything to her for what she did to my little brother. Since then my brother is afraid of girls that if he does anything they'll do the same thing.
Can my little brother sue the City for what they did to him?
 


cbg

I'm a Northern Girl
How does your brother plan to prove that the police sent the woman in there specifically for the purpose of setting him up for a rape charge?
 

Isis1

Senior Member
No, your brother cannot sue the city. The city didn't do anything to him. They didn't know he was innocent. They followed up on a complaint of rape. They did their job. Your brother was found innocent of the charges.

How old is your brother now? Was this woman ever charged with rape, sexual battery, or sexual assault of a minor?
 

CdwJava

Senior Member
My little brother was 16 at the time working at my father's restaurant/bar, the police didn't like the bar and wanted to close us down, they sent a girl 45 years old to him, she took advantage of him cause he was young she took him to the upper diner room and did oral sex on him, the next day she calls the police and say he raped her.
And how do you know that the POLICE sent her in to entrap him? Can he prove that the police sent her in to seduce the minor and accuse him of rape?

That seems quite a stretch ...

My father had cameras in the restaurant/bar and proved to the state attorney that it wasn't a rape and he dropped the charges.
So, the system apparently worked. Perhaps the state can pursue the woman for making a false report or sexual assault of some kind.

In the meantime we found out that the girl that called the police was gonna go to jail because of drug charges plus the police didn't do anything to her for what she did to my little brother. Since then my brother is afraid of girls that if he does anything they'll do the same thing.
Sounds like your brother needs some counseling.

Can my little brother sue the City for what they did to him?
The city didn't do this, the woman did. Dad can certainly try to sue her on his son's behalf for making the false report, etc.
 

gavros777

Junior Member
The cops were harassing my family's business for a long time, and that thing with the woman happened 2days after my older brother went to the police chief and complained. A cop got his ass yelled by his superior and he's the one that used that woman to put my brother in jail. An investigator says he can find out if she was sent by that cop for a fee. If he finds proof (example the woman admits she was sent by that cop) can my family sue the city?
 

Isis1

Senior Member
The cops were harassing my family's business for a long time, and that thing with the woman happened 2days after my older brother went to the police chief and complained. A cop got his ass yelled by his superior and he's the one that used that woman to put my brother in jail. An investigator says he can find out if she was sent by that cop for a fee. If he finds proof (example the woman admits she was sent by that cop) can my family sue the city?
How long ago did this happen?
 

CdwJava

Senior Member
If it can be shown that the officer solicited this woman to commit an illegal act, you can TRY to sue the city, but chances are the city will argue that committing such a criminal act was outside the scope of his employment and try to distance themself.

As I suggested, have an attorney look at it. If this is a winner, attorneys will line up to take it.
 

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