Sign up to join one of the largest Law Forums on the Internet! Join Now!
Tweet Follow @LawBlogger1   

Advertisments:


Useful Links:

Bar Exam Flashcards
Discount Legal Forms
Discounted Legal Texts

No physical evidence of rape, how to press charges?

  
Tweet

No physical evidence of rape, how to press charges?

Postby mohammed47 » Sun Jul 29, 2012 11:24 am

Here are the details. I was raped last November at a party during a college sanctioned event. I was 18, and I had met the guy earlier that night. I let him into my room meaning to watch Family Guy, but he pressured me to have sex. I kept saying no, but he got on top of me(tall guy) and raped me. At the time I was on a vow of celibacy and absolutely DID NOT want to have sex.

I only reported the rape last week. I was too scared to report it before and have been suffering PTSD.
Now I find out that the DA isn't pressing charges because I have no physical evidence(washed my clothes, and did not get SANE exam).

I am devasted and want that bastard to face the consequences of his actions. I know he'll rape again. Is there any way I can follow through on these charges? I don't want to give up..for further info, this occured in Oklahoma if you need specific laws.
mohammed47
 
Posts: 0
Joined: Thu Mar 31, 2011 7:02 am
Top

No physical evidence of rape, how to press charges?

Postby arrigo » Sun Jul 29, 2012 11:27 am

I'm sorry for what happened to you.

Taking charge, what the psychologists call "having a sense of agency", is beneficial to your healing.

If you have money for lawyers, you could push the DA to attempt to prosecute, but unless he admits his crime, it will be impossible to convict him.

You could fight this another way. Reach out to college students and talk to them about staying safe and about protecting each other.

You could also push the college. Colleges don't like to have people making noise about being raped at college events.

Some of these choice might lock you into a cycle of anger. By choosing to help people, you can get yourself into a positive cycle.

Whatever you choose, a therapist with experience in trauma can help you figure it out.
arrigo
 
Posts: 0
Joined: Fri Apr 01, 2011 5:59 pm
Top

No physical evidence of rape, how to press charges?

Postby artek57 » Sun Jul 29, 2012 11:31 am

The prosecutor is obligated by state statute to prosecute only those cases that he has a reasonable belief that he can obtain a conviction. I don't mean to be insensitive but I am looking at this from the view of a prosecutor. I have a 8 month old complaint with no evidence and no corroborating witness. No reasonable prosecutor would believe a conviction will result. The standard of proof is beyond and to the exclusion of every reasonable doubt.

You have a lesser standard in a civil suit where the standard of proof is preponderance of the evidence. I also doubt you will find a civil attorney willing to handle your case with the insufficient evidence available. Find another girl that he did this to and you are getting closer. Good Luck
artek57
 
Posts: 0
Joined: Fri Apr 01, 2011 3:38 pm
Top


Return to Family Law

 


  • Related topics
    Replies
    Views
    Last post

Who is online

Users browsing this forum: No registered users and 1 guest