Is it right that an alleged suspect can not be validly arrested if a crime of Rape was reported by the victim five days after its commission
2006-10-23 23:21:59 · 17 answers · asked by gudy 1 in Politics & Government ➔ Law & Ethics
Absolutely correct, although it may have taken time for the plaintiff to submit a complaint, it doesn't mean she didn't have a medical within the time prescribed for gathering of evidence and it's possible the the defendant was not arrested prior due to circumstances beyond the control of the arresting agency.
2006-10-23 23:34:55 · answer #1 · answered by Bxrock 2 · 1⤊ 0⤋
The statute of limitations on rape is quite a bit more than 5 days!
In some jurisdictions the law allows the statute of limitations clock to START running when the victim becomes aware that a crime has been committed. Some rape victims are so traumatized by the events that they shut out all recollection of the crime -- sometimes for many years. Others may have been drugged and were unaware that the crime was even committed. Rapists have been arrested and convicted of their crimes sometimes decades after the crime -- just ask the Catholic Church how expensive that can be.
As long as the crime is reported before the statute of limitations clock expires (5 - 7 years in some jurisdictions, unlimited in others) the arrest is valid.
2006-10-23 23:33:20 · answer #2 · answered by Bostonian In MO 7 · 1⤊ 0⤋
Suspects of rape can be arrested days after the commission of a crime if the evidence is strong particularly when there is positive identification and medical examination conducted on the victim.
2006-10-23 23:26:19 · answer #3 · answered by FRAGINAL, JTM 7 · 1⤊ 0⤋
That is not true there are people who are raped and don't tell anybody for years the only problem is that after 5 days the trial is based on the word of the victim and suspect since all physical evidence is gone. It would go to trial but a conviction would be very difficult to get.
2006-10-23 23:26:09 · answer #4 · answered by sjp_amor 2 · 2⤊ 0⤋
No its not right ..crime can go back five years before and rapist may still be charged WOMENSENEWS)--After years of failed attempts, a bill that would dramatically provide criminal prosecutors additional years to charge rapists and offer additional rights to their victims was passed by the New York Assembly on May 15, following a similar bill passed in the Senate earlier this year
2006-10-23 23:29:28 · answer #5 · answered by Anonymous · 1⤊ 0⤋
After 5 days most trace evidence is no longer available so then it comes down to circumstantial evidence. Most states have a statue of limitations in which rape charges can be laid.
2006-10-23 23:27:38 · answer #6 · answered by Cherry_Blossom 5 · 1⤊ 0⤋
I've seen a man get arrested after more than ten may be twenty years and charged. 5 days isn't that long. Really don't matter if evidence is there including testimony.
2006-10-23 23:27:35 · answer #7 · answered by Anonymous · 1⤊ 0⤋
The statute of limitations is 7 years. They can file within that time frame it is better that they go to the hospital for a rape kit and all of that.
2006-10-24 00:01:43 · answer #8 · answered by freemansfox 4 · 0⤊ 0⤋
Investigate the suspect and the victim,but in a subtle and discreet manner so as to respect innocent until proven guilty.
2006-10-23 23:32:10 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Yes it's right, however, that late after the fact there's likely to not be any "evidence" remaining. She should have said something within 24 hours.
2006-10-23 23:25:35 · answer #10 · answered by sixcannonballs 5 · 1⤊ 0⤋