i know a person who was raped on frieday and it was her ex-boyfriend. he was the one who she lost it to and if he wanted to have regular sex she would have been all for it but it was anel sex she wasn't up for it. all her friends knew she was so in love with him even now why does she still love him after what he did to her? she doesn't hate him she still loves him. besides the fact he raped her. will any one believe her?
2007-05-16 14:08:17 · 12 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
If there is any hope of proving it is rape, she needs to file charges as soon as possible and be examined as there may still be some bruising and swelling to show that she was raped.
If she did not get a rape kit at the time or files a complaint and get examined as soon as possible because she is still claiming to be in love with the guy, it will be very hard for her to prove rape later on after the fact as she will just come across as being a jilted lover seeking vengance at being dumped.
It sounds like this girl has serious self-esteem issues, as her friend, the best you can do is continue to support her, be pro-active, and encourage her to see a counselor.
2007-05-16 18:29:41 · answer #1 · answered by bottleblondemama 7 · 0⤊ 0⤋
I agree wholeheartedly with the "call the police" and "leave the jerk" comments others have made. Also, definitely, definitely get a medical exam and document the victim's injuries. One thing that matters in court is evidence.
I'll offer a bit of the legal perspective. I'll mention the federal point of view on it. Depending on your state, the relevant laws may be identical or go beyond the federal standard.
Yes, rapes occur when there has been sexual intercourse accomplished against the victim's will through the use of or threatened use of force. In that respect, you could definitely call the police and they would be obligated to investigate and arrest.
Prosecuting rapes is, however, much more difficult. The Federal Rules of Evidence Section 412 (in the US) forbids the accused (the ex-boyfriend here) from using the victim's past sexual history as part of his defense. This is commonly referred to as a rape-shield law and is intended to prevent the accused from painting the victim as a slut who deserved to be raped.
Unfortunately, though, there are two major exceptions to section 412. One of them (section 412b) is if there was a prior relationship between the accused and the victim. As stupid as it sounds, in the eyes of the law, consent to sex in the context of a relationship or prior relationship can be inferred and may transfer from one occasion to another. This is commonly called the date-rape exception.
As an aside, the other exception (section 412a) allows the victim's sexual history to be used against her if it shows that someone else other than the accused was the cause of the victim's injuries. This was invoked in the Kobe Bryant rape case against the victim and, consequently, is often called the "Kobe Bryant" exception.
On top of all this, if your victim still loves the accused, then its also possible that the victim may not willingly testify at trial. Can the prosecution go on without the victim? Sure, but it just adds a level of difficulty which, depending on a district attorney's caseload, may or may not incline them to actually pursue a case.
2007-05-16 15:50:58 · answer #2 · answered by Andy C 2 · 1⤊ 1⤋
People will believe her and in NO WAY was it her fault- both you and your friend should give the national sexual assault hotline 1-800-656-hope. the advocates on the phone can support both of you through this time and can give you tips on how to best help her. If she was raped on friday much of the physical evidence is gone so unfortunately she may not be able to prosecute but the advocates on the hotline can give you the best info.
Most important right now is to let her know that this wasn't her fault, that you believe her and that its okay for her to feel all the emotions she feels (even if she still cares for her ex) The best thing you can do is get her into counseling- I was raped and was unable to prosecute my rapist but because I didn't get counseling I ended up reacting to it by becoming anorexic and nearly died so its really important that she speak to a professional.
2007-05-16 15:09:40 · answer #3 · answered by Sage B 2 · 0⤊ 1⤋
Yes, they should. It shouldn't matter how many times they might of had sex in the past. A person always has the right to say no. And if she did not want to have sex, then she was not consent. So she can file rape charge against him.
2007-05-16 14:20:55 · answer #4 · answered by ANGEL 1 · 0⤊ 0⤋
It will be tough with out a rape kit, but if there is some signs, take pictures. Notify the police ASAP, the longer she waits, the harder it will be to prove it. But, if she said no, and he did it anyway? She has to tell, if not for her, for the next girl he does this too. This is not about love, it is about control and violence, and anal sex is about control. This guy needs to be locked up.
2007-05-16 14:21:32 · answer #5 · answered by Scuzzy 2 · 1⤊ 0⤋
This is horrible. You need to be there for her now and tell her to leave him! And if she won't, tell her parents what happened. They will make sure she doesn't see him anymore. If she still loves him she probably won't turn him in, which is a shame because rapists don't just rape once. And if she was raped anally there will be some bruising or scarring or something to suggest it wasn't consensual.
2007-05-16 14:17:47 · answer #6 · answered by Anonymous · 0⤊ 1⤋
Rape is when a NO is ignored and physical force isused. Rape can occur between mad and wife. Physical evidence proves rape. The longer the period of time between the rape and any sort of allegation and subsequent exam, the more it becomes a matter of "he said/she said" and harder to prove.
If rape really occurred (NO was said , it still occurred and physical force was used).......she shouldn't love him, she should hate him.
2007-05-16 14:20:18 · answer #7 · answered by Anonymous · 0⤊ 1⤋
in case you consented simply by fact which you have been scared to your actual wellness, then particular, that is possibly this substitute into sexual attack. You have been crying, he knew you probably did not elect to. jointly because it ought to not qualify as legal rape, he's an asshole that merits a beatdown. that is sexual coercion and that is ******* incorrect. you have a precise to call him in this, simply by fact it particularly isn't your fault, he never ought to have made you experience such as you had no different selection. particular, that could be a female's duty to make her desires clean as much as she is in a position to, yet consenting to intercourse out of concern of being harmed isn't possibly consenting in any respect. men that scare women folk into saying particular are greater suitable than assholes, they're assailants. people like him make me desire hell exists.
2016-11-23 19:09:47 · answer #8 · answered by ? 4 · 0⤊ 0⤋
yes, rape is rape no matter if she loves him she needs to talk to someone that can help her out and go to the Dr or school counselor.
2007-05-16 14:14:58 · answer #9 · answered by jv27 2 · 0⤊ 1⤋
at least in germany you can even sue your husband for raping you, if he did it.....
it doesnt matter if you love someone. if you say no, and he does it, whatever it is, he is raping you!
2007-05-16 14:17:04 · answer #10 · answered by ineedhelp! 2 · 0⤊ 1⤋