Let's say you were raped seven or eight months ago. You didn't see your attacker but kept having weird dreams about this symbol. One day you are at the pool with one of your friends and his boxer shorts falls a bit lower because of the water and you see the symbol that you kept dreaming of tattooed on him. You confront him about it and he smirks telling you that it you can't prove it...and insinuates that he was the one. You destroyed all physical evidence but you can swear on your grandmother's grave that it is him... you want to report it. What channels does it go through and is it possible that he may be tried? Even without any physical evidence and its basically his word against yours?
2006-12-13 08:50:47 · 11 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Zandelia, thanks for being a total and utter ***** and worse a ***** that can't read because I stated that I confronted him and he smirked at me and said prove it... he stated 'won't be able to help yourself any more than you was able to then'... that's what I meant by insinuate.
2006-12-13 09:06:19 · update #1
If I were you I would get help. Having the rapist punished is a great thing to happen, but getting you back in peace with yourself is much more important. Maybe the rapist won't be convicted, but if he is reported at least he will be watched.
2006-12-13 08:56:10 · answer #1 · answered by OldGringo 7 · 1⤊ 0⤋
I know someone who was convicted with no evidence...given 19 yrs. Just her word against his. Would he have a chance of getting an appeal?
2014-04-30 15:18:53 · answer #2 · answered by ? 1 · 0⤊ 0⤋
In all criminal cases, even in this one, the accused is presumed innocent until proven guilty beyond a reasonable doubt. Since your question is not whether he can be found guilty, but whether the case can go to trial, the question is yes, it can, if the prosecution can make a case to convince a judge or grand jury that there is probable cause.
In our system of justice, to be brought to trial on a felony, there first has to either be an indictment by a grand jury, (which must find that there was a crime committed, and that there is a reasonable belief that the accused committed the crime) or there has to be an information/complaint filed by the district attorney. If there is an information/complaint, then the matter goes to a preliminary hearing, in which a judge would determine if the case will proceed.
Honestly, without a report of any kind from seven or eight months ago, it will be difficult for the police to proceed and get a prosecutor to take this to either a grand jury or to file a complaint. Unfortunately, what he said to you probably is not admissible under the hearsay rule. He can't be forced to testify, and you can't testify as to what he said. (unless on of numerous exceptions applies, and I won't go into that here). Therefore, without any physical evidence and only your statement and your recollection from a dream, I don't think that I would file a complaint or take the matter to a grand jury, if I were prosecuting in your jurisdiction.
Even if the matter were, by some fluke of justice, taken to trial, the chances of a conviction are pretty slim. I would be comfortable taking this case to trial as his defense attorney, based on the information you provided. I don't honestly think that the prosecution could prove beyond a reasonable doubt that he was the person who raped you.
Let this then be a lesson for anyone who is the victim of sexual assualt: ALWAYS report the attack to law enforcement. This way, even if there is nothing that can be done about it at the time, there is a record for future actions.
NOTE: The standard of proof in a civil action is MUCH lower. You may want to consult with an attorney to determine if you have a civil action against him. For a referral to an attorney in your area, consult your local or state bar association.
2006-12-13 09:41:24 · answer #3 · answered by Phil R 5 · 2⤊ 0⤋
Always report. Listen you file the complaint and the cops get into it. They will want you to sit down with a psychologist to talk about this... be comepletely honest and tell them everything. Physical evidence is critical but not all there is to it. For all you know you may not be the only person he's done this too... and you may not be the last. Even if it doesn't make it to trail the charges will be with him... if he does it again your complaint will still be on his record... making it that much easier for him to get busted. Besides if anything else you need to talk to someone for YOUR good. Woman who have been sexually assaulted need help to get through. It may not seem like it now but years from now you may have emotional problems that can creep up on you. If you go and get the support you need now, you'll be much better off in the long run. At the least speak up for you and for any other woman there may be... Do this for you and what's best for you and don't worry about what is going to happen to him.
God bless you and give you strength and courage!
2006-12-13 09:08:48 · answer #4 · answered by Jembee1720 4 · 0⤊ 0⤋
Unfortunately, you don't have much recourse. I'm very sorry for what you went through but without having reported the rape before now, there's little chance you would be able to prove anything. If something like this ever happens again, report it to the police and tell them about the symbol as it may have been something you repressed. But without having seen his face or any evidence, you can't prove anything.
2006-12-13 10:02:34 · answer #5 · answered by Vadalia 4 · 0⤊ 0⤋
Unfortunate for true rape victims, for every true rape there are a hundred accusations strictly for punitive (or monitary) purposes, just like the "child molestation" charges thrown back and forth in child custody cases. This is the big "I'll show him/her" lever, the big legal tool that throws a giant monkey wrench in any legal procedings, and in the final analysis, extreme supporting evidence is now required for convictions. Dreams or "he said she said" testimony won't get a conviction, "I didn't see my attacker" won't even get you an interview with a detective... sorry.
2006-12-13 10:22:01 · answer #6 · answered by Gunny T 6 · 0⤊ 0⤋
You need to report it, but don’t expect it go to trail without evidence. A DA will not prosecute a case unless they think they have a chance of getting a conviction. Your dream isn’t evidence and the statement he made to you, he can easily deny.
2006-12-13 09:25:28 · answer #7 · answered by kp 7 · 1⤊ 0⤋
Well first of all, it sounds as if you might have been drugged. Second of all...YES DEAR GOD report him. While with no evidence you might not win but if you dont report him to the police, then he will get off scott free to try it again with you or someone else. Then again, you might get him. Someone else might know. If you were drugged, then doctors might be able to find a trace of it in a hair folicle...but you have to try. Even if its only to show him that he didn't beat you. Also, you might want to get counseling to help you through it. Good Luck and I hope you get the bastard and he goes to jail and gets *** raped.
2006-12-13 08:59:09 · answer #8 · answered by Anonymous · 1⤊ 0⤋
No.....and why didn't you report this when it happened? Why destroy all the evidence?
If you say you didn't see your attacker...how can you say it's this guy?
Dreams or visions aren't evidence. Case would be "he asid/she said" and probably quite difficult to prove.....prosecuter may not even charge him due to lack of evidence.
2006-12-13 09:40:43 · answer #9 · answered by kissmybum 4 · 1⤊ 0⤋
Without evidence, I doubt that any prosecuting attorney would take the case to court. He would look like a fool, and the case would be thrown out.
2006-12-13 08:58:32 · answer #10 · answered by Ralfcoder 7 · 1⤊ 0⤋