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View Full Version : When did they allow rape to be "consensual after 11pm"?


ben_wanderin
May 24, 2010, 07:13 PM
I know someone who was raped two months ago. Within 24 hours she filed a report with the police, gave her full statement (video and written), provided evidence, name and address of the accused, and was put through some kind of test for females in her situation. She is a minor and so was the accused at the time of the offence. The accused was brought in for questioning, and was released. The police told this person I know that "they can't charge him, it was after 11pm". I had no idea our justice system could be this unjust. I don't believe it. I want someone to tell me I'm wrong, there's just no such thing. She has to go to school and see the guy who got away with raping her everyday, and he's free to do it again. I just want to know if this is true, and when the hell did they make such a loophole?

ohsohappy
May 24, 2010, 07:18 PM
ScottGem or Fr_Chuck could Answer this one best, from everyone on here that I know. Try to PM them if you don't get an answer soon, not I'm curious.
Call me crazy, but I'm pretty sure rape is always illegal no matter what time of day or night it is. If not, then anybody could go out after 11 and do whatever they want to whomever they want.

Fr_Chuck
May 24, 2010, 07:25 PM
I could have some guesses ?

1. the 11pm is not true and merely a story being told
2. they can't arrest on a crime they did not witness and have to take the evidence to a grand jury to file an indictment
3. they were going to arrest them as a juv ( not as a adult) and the juv case workers ( esp in smaller areas) don't work nights so often juvs are released to their parents pending a hearing on charges.

I know were I was a officer, if you came in and reported any crime, we did a report, looked at the evidence, questioned the suspects and the witnesses, but we could not just arrest the suspect without getting the DA to approve it. Sometimes we could get it done on the spot, but normally it took several days to get an arrest warrant, for a crime that happened, and until evidence could be reviewed.