rape charges?

Question

if someone was accused of rape, what procedures would they have to go through?

accused....

like someone accused a friend of mine of rape and now the police are going to arrest him....whats going to happen?

seriously its not me- im scared for my friend =/

Answer 1

Upon being accused, the police (or other law enforcement) would investigate. If they determine probable cause that a crime occurred, the person would be arrested.

Evidence is gathered, and depending on the state, a grand jury may be convened to vote on an indictment. In other states, the prosecutor (district attorney) can file the indictment based solely on the evidence (no grand jury needed).

Sometime after the arrest, but before or after the indictment (depending) there will be an arraignment, where an initial plea is entered. Bail is usually determined at this point. An attorney will also be appointed at this point, if the defendant doesn't already have one.

More evidence is gathered, and plea negotiations may take place. Pre-trial motions may also occur. Eventually, if there is no plea and no dismissal, there will be a trial.

That's the criminal side. The victim may also sue the alleged rapist in civil court, in which case the procedure is simpler.

Victim files complaint. Defendant files response. Discovery and pre-trial motions occur. If no settlement, then trial.

Answer 2

They would be arrested, DNA samples would be taken. They woul have to eventually submit to STD tests.
An attorney is the very 1st thing they would need.
FYI: I dated someone who was accused of rape and not only did I know him, but I knew his accuser. We dated for at least 5 yrs and I never believed he did it, and even though we had a very tumultuous relationship, I still do not believe he did it.
When he was released from his 10 yr prizon sentence, a group of family and friends gathered to welcome him home and went out for drinks and the accuser was in the local tavern and did not offer to leave or make herself scarce. As a matter of fact, she kept showing up where he was and it was just sickening.
I was attacked and sexually assaulted when I was 16 yrs old and have no desire to be near my attacker.
When he was accused, his brother said they were all drinking and she was hanging all over him and they left together. She came back in the morning and told him she had been raped. He was from a family with a big reputation for small town crime (petty theft, DUI etc.) She was examined with a rape kit and no semen was found. No rape evidence was present.
He ended up freaking out and pleaded out of it by accepting a 10 yr sentence and they dropped some other bogus charges. Just about a year ago, he was urinating off his back porch like many men do, and he was arrested for indecent exposure. He will never have a chance. Not to sound sick and perverted, but he is a great lover. I adored him, but he has just been through too much. I believe in him still and have been in a steady relationship with someone else for a long time.

Answer 3

The first thing the accused should do is speak to an attorney.

The accused does not have to go through any "procedures". If he is arrested or receives a summons to appear in court, then he might have to follow some procedures. Absent that, he is free to cooperate or not to cooperate as he sees fit.

If the accused wants to know how the court process in his state and county works, he can either look the information up on the web or go down to the local court and ask them how the process works.

Perhaps you could clarify exactly what "procedures" you are looking for information regarding.

- Carl

Answer 4

Theexact same "procedures" as if they were accused of any other "felony" charge. arrest, fingerprinting, possibly a line-up,etc, etc. you know the drill. I am wondering if you are thinking they have undergo a DNA? I think some states yes and some no - -k-

Answer 5

The cops would not arrest anyone without any evidence. Maybe they have DNA evidence, Rapists are always in denial about being innocent. I would advise you to stay out of it, what if your friend really committed the crime? Remember things backfire. Maybe your friend is a serial rapist and is looking for sympathy.

Answer 6

Charged?
Charged--one would expect court proceeding...
Rape is a bad charge...and an even worse conviction.
Lifelong sex offender...Have to register wherever one goes and it hurt many job chances...

One would want to fight it all the way.

Answer 7

Assuming you are innocent...

Get a lawyer, this is serious business.
Gather up any information which could prove that you did not do it. (Anything that could prove you were elsewhere: reciepts, emails, telephone records, etc.)

If you aren't...
I hope you go to jail

Answer 8

tell them to get a damn good lawyer. this girl said that one of my friends raped her and beat her up(wich he didnt) be cause she was mad cuase her boyfriend tryed to rob my dude and i beat him up. funny thing is she went to get picures of her bruses tooken and she showed them all the bruises that she had them 4hrs prior to the situation saying that her boyfriend beat her up. needles to say charges were dropped.

Answer 9

Call the best criminal layer you can pay for.

Answer 10

ask bill clinton, he knows.