does anyone know if its possoble to get a convition against a rapist if it happened 5 years ago and if there is no physical evidence? and is there anything that can be done if the police at the time of the asualt were rude to me and unhelpful especialy if i was under 18? cos i think it was partly their fault why i couldnt face having a medical examination etc.
2006-06-29 05:23:48 · 22 answers · asked by sasha 4 in Politics & Government ➔ Law Enforcement & Police
first off im sorry this has happened to you..second off if this happened when you were a minor then the statue of limitations doesn't start running until you are 18 an it is 5 years then ..so you have till your 23...also yes iv had an experience an i know what you mean by the police part....if they were unhelpful rude an if there was a coverup ect. you can sue them....it was wromng on there behave an they should have made you feel comfortable an ok enough to where yiu wanted to speak to thwm an felt ok going through the procedures instead of bein diicks....if you want you can email me with further info about the case..i know people who can help you..also what state it happened in how old you are ect. ...please watch out for perv omn here..take care
2006-06-29 07:16:11 · answer #1 · answered by samantha1989 3 · 5⤊ 1⤋
i am not a lawyer
but i think so that you can still do something.
but you might need evidence that a complaint was
filed, some action was requested and despite
some circumstantial evidence, police neglected
a proper enquiry !!
more-over u were under 18, uncapable of proceeding urself !
well, u cab talk to some lawyer
but i am not sure if you can get a conviction. I think that if he has done it to you, he could have done it to others too. your
case could help others too. what was the conclusion then ?
was the case closed ? did you submit something in writing then ?
were any photographs, fingerprints taken? statement recorded.
I think you can nail things for not following the right proceedure.
you can atleast un-settle this man.
have you been in contact withis this person in the last 5 yrs ?
So i think if you submitted & complained then, the five yr rule should not apply.
2006-06-29 12:31:42 · answer #2 · answered by Plz_Tell_Me 3 · 0⤊ 0⤋
For starters, let me preamble this with "I am not a lawyer". However, my understanding of the law from what law courses I took in college is this: with no physical evidence, 5 years down the line, there is very little chance of even taking it to trial, much less getting a conviction. It will just boil down to your word against theirs. As far as the police mishandling things, that could possibly be actionable, assuming the statute of limitations hasn't run out. My best advice would be to consult an attorney. Hope this helped.
2006-06-29 12:31:07 · answer #3 · answered by answerman63 5 · 0⤊ 0⤋
The police will take a statement from you and interview the alleged attacker. The lack of medical evidence will weaken the case so it will be down to testimony.
The prosecution may not even proceed through lack of evidence but certainly complaints from the past are investigated so you need to make a statement to the police.
2006-06-29 12:29:32 · answer #4 · answered by LONDONER © 6 · 0⤊ 0⤋
Well, according the Law and Order SVU (not sure if it changed since), you have 5 years after an assault to get it to go to trial. But I'd say call an assosication like VIBES or a crisis center and they can tell you what your options are. Some associations will give you an advocate who can help walk you through it. Hope it all works out for the best!
2006-06-29 12:28:42 · answer #5 · answered by Lilel 4 · 0⤊ 0⤋
It depends on what state you live in. DIfferent states have different statutes (rules) of limitations that say how long you have to report the incident. Without physical evidence, you will probably not get a conviction because it just becomes a he said/she said case.
If you were really worried about it then, you could have gone to the hospital on your own and told them you had been raped and they needed to do a rape test.
Sorry, it sounds like you are SOL on this issue.
2006-06-29 12:28:03 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Not really possible, though you can file a police report so the next time he does it, it will be on his record showing a "history of sexually deviant behavior".
Generally, if you decide it was rape 5 years after the fact, you probably won't have much of a case. Best recommendation if you want to see justice done is to get to the hospital ASAP so they can rape-kit you.
2006-06-29 12:30:00 · answer #7 · answered by lostinromania 5 · 0⤊ 0⤋
Probably not, aside from the fact that you have no evidence, the statute of limitations might be up. That depends on you state but usually it's only about 5-7 years.
2006-06-29 12:27:48 · answer #8 · answered by Laura 3 · 0⤊ 0⤋
First off, I am sorry that has happened to you. I would highly advise you to speak with a lawyer about this. Regardless of not having evidence .. that doesn't mean something didn't happen, and you surely didn't deserve it.
Good luck and much success!
2006-06-29 12:30:02 · answer #9 · answered by s0ng 2 · 0⤊ 0⤋
No matter what, you should have had a medical exam for dna and stuff. It is never too late to convict, but it will be very tough with little physical evidence left.
2006-06-29 12:29:19 · answer #10 · answered by shqiptare 3 · 0⤊ 0⤋