The personel in the office took some photos of raped areas, Question: If you don't want them to have these kinds of pictures of you, especially since they aren't using them, and have them in a file some place, Are you allowed to go and have them release these to you and purge them completely from their office, especially after they said there was no way they were really going to do anything about what happened, The pictures were only taken due to the staff seemed kind of pressuring about taking the pictures?
2007-07-25 18:17:46 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
no they are concider evadeance and will be used in court and once the case is over they police keep them in a secured area
2007-07-25 18:20:51 · answer #1 · answered by Anonymous · 1⤊ 0⤋
First in response to Katherine W...You shouldn't be concerened that the police aren't going to prosecute this rape case for a very good reason...Police don't prosecute any cases at all. That is the job of the District Attorney's Office. Also "pushing the police" is again pointless for the previously mentioned reasons. Detectives investigate and arrest...DA's prosecute.
As far as your pictures are concerned, snowdrift is correct. The pictures are considered evidence and technically the property of the police department. They will sit in the evidence warehouse until used in court during the trial (if needed). Once the case has been adjudicated and all appeals exhausted..the DA will send notification to the property division of the police department to instruct them on how to dispose of property seized in the case.
Personal property that belonged to parties involved in the case will be returned to them (unless it is contraband). Property owned by the PD taken during the course of the investigation (i.e. Audio/Video Tapes of Interviews, photo lineups of suspects, rape photos etc... are all destroyed in the PD's confidential waste)
2007-07-26 02:29:23 · answer #2 · answered by dta_stonecold_dta 3 · 0⤊ 0⤋
This response is from a prosecutor in the US:
Such photographs are taken as part of a criminal investigation and becomes evidence of a crime. Nearly all states (if not all states) have statutes that allow for the prosecution of rapes regardless of how many years have past --as long as sufficient evidence remains of that criminal act.
Many such crimes are successfully prosecuted years later after new evidence is revealed. States have laws which require that any evidence in these type of cases (crim sex)must be held for years.
Therefore, those photographs will remain in evidence and will not be released. But, take comfort in the fact that they will sit in a paper bag on some dusty shelf until they are either destroyed or used at trial. They legally cannot be revealed to the public --or even any officer who is not investigating an active case for the rape.
2007-07-26 01:38:24 · answer #3 · answered by snowdrift 3 · 0⤊ 0⤋
You should go to the local rape crisis center for counseling. I'm concerned that the police aren't going to prosecute. I'm especially concerned because -- since there is stalking -- you may know your attacker. By having the rape crisis center involved, they can help you learn to push the police if that's what needs to happen, and they can tell you about getting the pictures back. Also, since you've been stalked, try reading Gavin de Becker's book: The Gift of Fear. It's very helpful.
2007-07-26 01:26:31 · answer #4 · answered by Katherine W 7 · 0⤊ 0⤋
Ask the police that. If you're really determined to have them back, I would seek legal help.
and I'm so sorry that happened to you :-(
2007-07-26 01:21:12 · answer #5 · answered by neogeoloco@sbcglobal.net 2 · 0⤊ 0⤋
they cant release photos wo/ your consent
2007-07-26 01:21:05 · answer #6 · answered by LT 4 · 0⤊ 0⤋