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 09:16:26 · 18 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
I don't care if I can't win it... but I just want to know if it can go to trial...
2006-12-13 09:24:54 · update #1
you can contact the police and report the rape, theyll figure out how to proceed from there on out. there may be more than one victem so there are ways around the no-evidence issue. Though if you have no proof, it would be hard to convict him if youre the only one, the best bet would be to report the rape to the police and let them decide how to proceed.
2006-12-13 09:25:29 · answer #1 · answered by pray for sanityx 2 · 0⤊ 0⤋
You can certainly report the rape-some states have Statute of LImitation Laws, but none are as short as 8 months, so technically you can report it and expect criminal charges to be filed. While there may not be any physical evidence, there are certainly other kinds of evidence the police can pursue. If you make an accusation, the first step will be for the police to question the alleged perpetrator. Alot will hinge on his account of what happened and/or his alibi. You need to be certain to report the conversation you had with him at the swimming pool. Since he said those things to you directly, it could be used as evidence and not pushed aside as "hearsay". The most important thing about reporting your rape so many months later is DETAILS! If you can, try to remember everything that happened: time, place, sounds, smells, are all VERY important and the police will want as many details as possible. Part of your question is confusing: did you remember in a dream that this happened or can you actually remember it? Those kinds of things will also be important. I would suggest writing your account of what happened and taking it with you when you go to report. This will give you time in a private place, and in the comfort of your surroundings to think about what happened and any details you might know. Best of luck in pursuing this! My prayers are with you and all rape victims!
2006-12-13 09:30:58 · answer #2 · answered by Kristi 2 · 0⤊ 0⤋
I feel bad for you because u have a very weak case. It will be ur word against his. You need to hope (bad choice of word) that if you get an attorney that some other poor girl went through the same thing and the tattoo was brought up than. Attempt to find out if the jerk may be a habitual offender, already charged w/this crime. This might help you. Good luck, and maybe let others know the error of judgement on not reporting it immediately and you could help others.
2006-12-13 15:03:20 · answer #3 · answered by Anonymous · 0⤊ 0⤋
In order for the prosecutor to take a case to trial he needs to feel it is viable . . .
For instance, after the attack, you went to the ER and they took a DNA sample . . . ( you did go for medical right ?) . . .
Witness testimony is loosing favor as many people have been falsely accused by witnesses and even victims. Lots of people even make up stories to get others in trouble, and this is unfortunate because honest people also suffer the repercussions of it.
The evidence that counts is the DNA and since you were raped, the DNA from the attack would be in the ER records and it is the evidence the prosecutor needs to take the case to trial.
I am sorry you are learning the hard way about this, some girls get attacked after being slipped amnesia drugs, but even though she can't remember who the next day, the doctors exam always gets the DNA and that hangs the rapist.
2006-12-13 09:38:23 · answer #4 · answered by kate 7 · 0⤊ 0⤋
Yes you can and should report it. It is much more difficult without any physical evidence, but often a victim goes home, showers, cleans up, etc and then calls the police several days later. They will still do a rape kit, unless the length of time was beyond the scope of forensic evidence, but they will know that.
2006-12-13 19:05:24 · answer #5 · answered by foxfire 2 · 0⤊ 0⤋
Absolutely yes.
Report your rape to the police. It is not unusual to have victims come in late to report rapes for a variety of reasons. There may be witnesses that you are not aware of. People that saw the attacker in the area etc. He may be a serial rapist and the police already know about him. The police will investigate and charges can be laid in he said/she said cases. Sometimes police will take a run at interviewing this guy and he might confess. Here in Canada with have a system called ViCLAS (VICAP in the US) that keeps track of sexual offences and offender/suspects and they may make a link to other victims. There may a lower expectation of conviction but this should not deter you.
Talk to a police officer and then you should be speaking to a sexual assault counsellor.
2006-12-13 10:09:58 · answer #6 · answered by joeanonymous 6 · 1⤊ 0⤋
There is not a chance that you could ever get a rape charge filed under those circumstances, if you have found out the persons name then you can contact the police in your area and he may have raped someone else. If you are contemplating accusing someone with rape to get revenge for something else, do not do it, it could lead to you being prosecuted, or at the very least if you were raped then its possible that no credence would be placed upon a new claim!!
2006-12-13 09:44:18 · answer #7 · answered by FEVER 3 · 0⤊ 0⤋
You can always report it, It will be up to the DA in your area if they think they can win the case. Some may try, others won't try.
The fact he had a mark that you can remember is a good fact.
You may not include the weild dreams about it in your statement, only that you remember it, and saw it again on so and so.
2006-12-13 10:54:36 · answer #8 · answered by Anonymous · 0⤊ 0⤋
You would have a very, very tough time getting the DA to accept charges on a case like this. Time lapse, no evidence, only a smirk and a dream...sounds like a TV show plot.
The ONLY way the guy could get convicted is if he owned up to it, signed a confession, and pleaded "Guilty".
2006-12-13 09:26:33 · answer #9 · answered by Anonymous · 2⤊ 0⤋
It's a weak case, but it could still work. Based on what you have, there is not much that can be done, however, an investigation could reveal more evidence.
I've started with less and built solid cases that eventually resulted in confessions and convictions.
2006-12-13 11:51:11 · answer #10 · answered by Anonymous · 0⤊ 0⤋