filing report on rape?

Question

No pertaining answers as of yet:
I was raped about 5 yrs ago. The rapist was my bf at the time. He spent a lot of time humiliating me, and continues to.
I was in the navy, but off base. Navy looks negatively on female rape victims, rather than the rapists (hence no report)

There's proof to questionable behavior on his behalf (him yelling at our 4 mo. daughter-3.5 yrs ago), as well as a car crash when he was 16 due to anger at his parents (was a school nt./across state lines from home)

He's admitted to me that I did say no, but likened it to "we've had sex before." and mimicked my past sex sounds as his proof of consent

I have the exact conception date/location, as well as my daughter's birthdate.

so I'm curious:

*will he be arrested (we both live in diff't states from the incident)?
*will it then go to court?
*will he be allowed to get a polygraph (since he's a convincing lier, but he knows I said "no" more than once!)
*what happens with custody if I don't win?

I have been diagnosed with PTSD regarding this rape, and have seen numerous shrinks in this regard. A home study brought this sensitive (what I thought was supposed to never get out of my doctor's hands) info to court before I did (or before I wanted it to).

1) he informed someone in his chain of command (navy) that I believed it was rape while I was pregnant--this person is accountable for not filing to begin with

2) I have informed numberous people over more than the past 2 yrs, medical personnel, my lawyer in the custody battle (who did not lay mention in court), etc.

Answer 1

I agree that you will face a difficult time with criminal charges.

Are you willing to hire an attorney and sue him for assault and battery? In civil court there is a lower standard of proof than in criminal court.

Answer 2

As you have no physical proof and he was your boyfriend at the time, I'd say not likely you'll get anywhere. It will likely be seen as a revenge kind of scenario where you didn't like something he did so now all these years later you're going to cry rape.

Secondly...your daughter's date of conception and birthdate will in no way prove you were raped, only that you had sex.

Evidence obtained via a polygraph is not always, and not frequently, admissable.

I hate to sound negative if indeed you were raped, but unless you get an actual confession from him, I really don't see how you can win in this situation.

And I don't think any of the above is going to affect custody of your daughter.

Answer 3

I'm not a lawyer or judge, but if I was on the jury where you filed charges 5 years after the fact, and against the man who you say is the father of your daughter, and who was your boyfriend at the time, I'd say you'd have a very hard time convincing me to vote guilty.

It may be that what you say is true. But any evidence you present would be 5 years old. And I would wonder why you waited 5 years to file charges. To me as that hypothetical juror, it sounds a lot like you're trying to get back at him for some reason.

I can't offer you good legal advice, but only this: If you're both living in different states now, and you have custody, you're probably better off to quit while you're ahead.

Answer 4

Hate to be the bearer of bad news, but the chances of this case going to court are slim to none. In most states, a rape victim has two years from the date of the alleged rape to file a police report. If your former boyfriend was military, the same rule applies. So in your case the statute of limitations has probably run out. The only thing you could do is fight him for custody of your daughter, and the courts almost always award custody to the mother.