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mr.chicken1 |
rape arrest question....?
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ok my friend was raped by this 21 yr old (shes 17 b-day in mar.) and i really want to get this guy for what he did to her. i want to go to the poliece with it but she dosent really want to have to stand trial, so my question is: if i got her to sign some sort of affidavit saying that it was rape and that she does want to press charges, would that work just as well? and if so how would such affivavit go?
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2009-05-12 14:40:08 +0000
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This is the problem with rape.
It goes unreported, while the guy knows this, and committs more rapes, against more women, knowing nobody wants to go to trial.
So, if you women do not want to stand and fight back, then what can the police, the prosecutor or a Judge do?
Many states have enacted laws, concerning certain testimony now allowed into a rape case, that can be asked in trial.
While working in Seattle, I heard of a lady who reported her rape and was willing to go to court. She gave the detectives 3 other women who had been raped, who gave the detectives 120+ raped victims, from this one guy, in over 3 years, for him to see at his trial date in court.
Needless to say, the trial date came, 100+ women showed up, he walked in to the court room, he had known them all, he plead guilty and was given 54 yrs. So; all it takes is one woman to stand up and fight back.
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2009-05-12 14:11:24 +0000
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nope, they will drop the case if the victim doesn't press charges.
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2009-05-12 14:16:02 +0000
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it wont go.... you have to get the person to go on trial... because they have to get the story in all that,,, and no one knows it like she does.... and the rapist could have this really stupid but Good lying lawyer that can put you up in a bind and convince the jury that he man is not guilty especially when you where not there.. you just need to talk to you friend about going to trial cause if she doesn't stop it now he will harm another person....
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2009-05-12 14:31:13 +0000
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Go to the cops yourself and tell them what you think happened. They have investigators skilled at talking to reluctant victims. Maybe they can convince her to press charges.
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2009-05-12 14:30:09 +0000
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Was evidence collected (rape kit)? If not chances are slim.
The accused does have the right to confront their accuser, at least so far. So she would have to make the accusation in court at some time. I doubt that a sworn deposition would help much. How long ago was the episode? The longer you wait, the more difficult. She can get a restraining order (ask for forms at the court clerk's office), but the filing fee in this county is $350, probably about the same elsewhere.
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2009-05-12 14:14:28 +0000
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Unfortunately, it would eventually have to go to court and the accused has the right to a defense.
The affidavit would be enough to start an investigation. She would need to press charges herself.
The most tragic issue related to this is that there are way too many rapes that do go unreported and untried, simply because the victim doesn't want to relive the experience and have their names dragged through the mud by the court system.
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2009-05-12 14:16:37 +0000
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Constitutionally, the accused has the right to confront his accuser in court, so she would have to testify. What I think the best thing for you to do is go with her to a rape counseling center, and have her discuss her alternatives with them. If she elects to press charges they will counsel and support her during the trial, as well as make arrangement to have a venereal disease exam and emergency contraception if needed.
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2009-05-12 14:37:28 +0000
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woould it be a good idea to record your friend telling the incident in detail, would that serve as a testimony? or maybe your friend is not telling you the whole truth thats why she is reluctant to go to trial
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2009-05-12 14:12:36 +0000
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You need to explain to her that if she doesnt go to trial and face this, not only will it haunt her for the rest of her life but this idiot will do it again to other girls.
But its her decision and you have to respect it. If she signs some sort of document and you go to the cops- the will force her to go to trial by subpeona or other means.
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2009-05-12 14:12:54 +0000
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you should set up an app. with a officer or a lawyer.
and if your friend doesnt want to go with you, then just go on your own and see if this can be done.
im more than sure it can.
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2009-05-12 14:14:13 +0000
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It is a basic tenet of our criminal justice system that a person who is accused of something has the right to confront his/her accuser. Therefore at some point throughout the process the defendant (through an attorney) would have the right to question her. If she is not willing to subject herself to that, the case would not go very far. On the other hand, if she at least filed charges, then it might alert the cops to this guy for doing this to someone else if that were to happen. Also, most police departments now have rape victim advocates/counsellors who help the victim and support her through the entire process.
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2009-05-12 14:12:01 +0000
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What she needs to do is turn that bastard in. I'd convince her to not LET the guy get away, because if he raped her and got away with it, I'm sure his penis is on cloud 9 and thinking he can get away with another girl. I'd go ahead and talk to the police on my own, and have them come and at LEAST talk to her. She does not have to press charges even if the police are there. She can talk to the guys and see what is best for her. And you just having a paper signed will not do anything, :(
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