2006-08-14 14:45:15 · 20 answers · asked by aisha 1 in Politics & Government ➔ Law & Ethics
I'm not sure what you mean by "file a case," as there are two different "cases" at issue here; the criminal "case" and the civil "case." I'll explain below.
Criminal: If the girl was raped, then she can (and should) report what happened to the police. The police will then investigate the incident and, if there is enough evidence, then the boyfriend will be arrested and the prosecutor will charge the boyfriend with rape, or some other lesser crime. Note that it is up to the prosecutor, not the victim, to decide what (if anything) to charge the boyfriend with. All the girl can do is report the incident to the police.
Civil: In addition to reporting the matter to the police, the girl can also sue the boyfriend for damages. If she does that, then what she would be sueing the boyfriend for would be "battery," not "rape." Rape is a crime -- only the prosecutor can charge a person with a crime. Battery is a private cause of action.
Note that if she sues the boyfriend for battery and wins, what she will get is a judgment against the boyfriend for money. Thus, unless the boyfriend has money, or property, there may be little point in doing this. Putting the boyfriend in jail is something that can be done only by the prosecutor in a criminal proceeding as described above.
Hopefully, that answers your questions. Of course, as other posters have pointed out, the fact that the purpertrator was the girl's boyfriend does not change the fact that it was rape -- although if the girl and the boyfriend had been having sex then he might argue that it was concentual. At that point, it becomes a matter of 1. The credability of the girl vs. the credability of the boyfriend (if, for example, the boyfriend has a criminal record with sex crimes on it), and circumstantial evidence (Did the girl go to the hospital after the incident? Did the girl have wounds that would normally be inconsistant with consentual sex, etc.)
2006-08-15 05:21:45 · answer #1 · answered by Bill Smith 4 · 0⤊ 0⤋
The ages of the parties are relevant for some crimes, such as statutory rape. By and large, if the parties were the same age, even as young as 13, consensual sex won't be prosecuted.
In the case of nonconsensual sex, age differences still matter, especially with respect to punishment.
The prosecutor will want to be able to prove that there was factually no consent. The younger the girl (usually the girl) is, the easier this is to prove.
Here are a couple of cases where the kids married when the girl became pregnant:
http://uniset.ca/other/news/girl13.htm
http://www.nytimes.com/2005/08/30/national/30baby.html?ex=1283054400&en=c8e2e213f11340b0&ei=5088
Historically, marriage following pregnancy made a prosecution moot. In some states at least that is not, or no longer, the case.
2006-08-14 15:22:43 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Yes, and if you know someone that had happend, take that really seriously.
Some Christian-thumper might tell you she belong to the boy or crap like that, but it is very important to file a case, because towars the Law, its a rape, even if married since 40 years, sexual relation without consent is a rape, whetever if it's by boyfriend !
2006-08-14 14:52:56 · answer #3 · answered by The Patriot 4 · 0⤊ 0⤋
Heard of "date rape"?
Yes - it is rape, and would be a rape case. If you are married to the guy, you can be raped by him, and file charges against him for rape.
No means no - that is it, end of story. If a woman says "no", and a man pushes, he is committing a crime.
2006-08-14 15:02:15 · answer #4 · answered by volleyballchick (cowards block) 7 · 0⤊ 0⤋
Yeah, it's still a rape case. "Boyfriend/girlfriend" doesn't really have any status in the eyes of the law. However, one way in which their dalliance could complicate things would be if the rapist chose to plead innocent on the grounds that the sex was consensual. Consent is much harder to prove than whether or not sex occurred at all.
2006-08-14 14:51:50 · answer #5 · answered by nobody 3 · 0⤊ 0⤋
i think it will because one of my brothers friends was 19 or 18 and having sex with a 17 and half and the father found out and made her say that he raped her and now he is in jail for a few years
2006-08-14 14:51:18 · answer #6 · answered by bluechaka 2 · 0⤊ 0⤋
Yes
2006-08-14 14:50:56 · answer #7 · answered by maguire1202 4 · 0⤊ 0⤋
Andrew, you had sex with an underage lady. you probably did not use threat-free practices and she is now pregnant. If she comes to a decision to carry on with the being pregnant, you'd be to blame for newborn help. Your suited guess is to attend till the toddler is born and ask for a DNA attempt to verify who the daddy is. She gained't also be pregnant and is merely attempting to scare you. do no longer DO something stupid! you're literally not in large difficulty. do no longer despise her. If she is pregnant is is scared. do no longer placed the blame on her. you've gotten reported NO yet you desirous to have sex such as her. Be a guy, take it one step at a time, tell her if she retains to blackmail you, you'll record a police rfile. communicate over such as your dad and mom about getting an criminal professional if she takes this further. Ask your dad and mom or a relied on individual to ask for evidence that she is pregnant. stay faraway from her till you search for recommend from and individual.
2016-11-25 01:29:41 · answer #8 · answered by ? 4 · 0⤊ 0⤋
Lack of consent and any use of force constitutes rape regardless of whether they are a stranger, friend, family, husband or the bloody president. No means no and the rapist deserve what ever punishiment they get, especially if its prison justice, see how they like it!!
2006-08-14 19:34:45 · answer #9 · answered by zac 2 · 0⤊ 0⤋
depends on that particular country's legislation, each country have different rules and laws,
well in india, u can file it as a rape case, as per section 375 IPC.
2006-08-14 19:00:42 · answer #10 · answered by saahil 4 · 0⤊ 0⤋