ROANOKE TIMES
Copyright (c) 1997, Roanoke Times
DATE: Saturday, March 1, 1997 TAG: 9703030051
SECTION: VIRGINIA PAGE: C-4 EDITION: METRO
DATELINE: WILLIAMSBURG
SOURCE: Associated Press
A man convicted of rape, robbery and burglary has brought a $5,000 lawsuit against the victim, claiming she lied.
``I filed the lawsuit because I'm innocent of the crime. I didn't do it,'' Bernard Brown said in a telephone interview from the Buckingham Correctional Center, where he is serving a 55-year sentence. ``After the courts denied my appeal, this was my only way of going back at her.''
Brown, 36, was found guilty in 1994 in Williamsburg-James City County Circuit Court. He was linked to the July 1, 1993, incident by DNA evidence, witness accounts and testimony from the victim.
Brown's suit was filed in Richmond three months ago but was transferred to the Williamsburg court last month.
``It's not about the money. The money is nothing. I want freedom,'' said Brown, who contended at his trial that the woman consented to sex.
The woman said she was stunned by the lawsuit.
``It's just hard to believe,'' she said. ``Stuff like this should not happen to rape victims.''
The suit ``shocks your sense of justice,'' said Commonwealth's Attorney Jeff Fairbanks, who prosecuted Brown.
``It's outrageous,'' said Susan Tarley, an attorney who has agreed to defend the woman at no charge. ``... He's victimized her twice, no doubt about it.''
She said she was confident that the case will be dismissed.
``Even when she ultimately prevails, that's not a victory,'' Tarley said. ``It's a no-win situation. She has to go through reliving that day again.''
Nothing in Brown's lawsuit indicates the nature of the case. Brown said he plans to represent himself.
No hearing on the case has been scheduled.
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