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How do I prove someone was raped when the person never went to the police. Is there a time limit as to how long you can test semen on clothing. If the semen is proven to be on the clothing, & the person does not want to press charges, will the accuser go to jail anyway?
If the victim doesn't do anything about it there is nothing you can really do unless they are a minor. The only thing you can do is talk to them and try to convince them that they should go to the police or a rape crisis center because they could be and most likely are doing the same to others and needs taken off the street.
Once she took a shower and washed the clothes it is a lot harder to prove. As soon as it happens you really need to call the police and they take you to the ER and get a rape kit test done.
The longer time passes the more questionable she looks because she didn't do something about it right then.
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Originally Posted by N0help4u
:confused: thank u nohelp4u...the rape has been a little over 3 wks. what if there is no semen in the clothes...she has not washed them...still will the accused be arrested even though he is the accused?
If she hasn't washed them if it was there it should still be.
IF she presses charges they should take him to jail and then it will go to court. SHE needs to call the police ASAP
And make a full report and be consistent with telling what happened.
Also tell them what was preventing her from doing anything before this.
When you wait and then report it it can possibly be turned around like she is doing it for spite or something especially if she knows the person.
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Originally Posted by N0help4u
I think she is lying... & is making false accusations... but I feel that the only way the person will be exhonerated is by making her go to the police & have them test the clothing, but I just want to know what happens to the accused while waiting on the tests.
What does he have to be exhonerated from if she isn't reporting it... rumors??
If you think she is lying it is best it isn't reported because it will put him through a big mess. He would have to most likely sit in jail until they take it through the prelimanaries. Then if they decide he is guilty by some far stretch he could sit in jail for a few years and more if he has any priors record.
If you think she is lying it is best just left alone and forgotten.
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Originally Posted by N0help4u
I don't think the presence of semen on a person and/or semen on clothing proves rape - it proves intercourse but not rape.
Depends how believable the "victim" is, the relationship between the "victim" and the alleged rapist (amazing the number of women who decide the next morning that it was rape!), various other factors.
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Originally Posted by JudyKayTee
EXACTLY why it is more difficult to prove.
That is what a lot of the ones that go after sports figures try and pull.
I was just giving her the basics a rape victim has to go through in proving rape.
Let me give you the whole scenario... man was getting high w/other people... including this person who says was raped. She says later he came back & raped her & tore off her clothes. She has clothes & claims there is semen. He says there can't be any because he didn't have sex w/her. He just wants the rumors to stop & thinks that is the only way to prove or either call her bluff... but you are saying that there still could be jail time while waiting for results?Quote:
Originally Posted by N0help4u
The longer you wait the harder it is to prove, no one will be arrested right away, but they may investigate.
But only the victiim, not a friend, can report it. They will have to get a medical exam to try and show tramma and other injuries, that would normally happen in rape
Remember unless the person is underage, semon merely proves they had sex, what has to be proved is the being forced.
Should I try to talk to the lady to see where her head is or if she is just going to pop up @ the police station with her accusations? What if I report the accusation, then what?
AT this point it most likely boils down to he said / she said. They shouldn't arrest him since she most likely won't even sound convincing, waited too long and has virtually no proof.
It doesn't seem like she wants to report anything. She may just be a drama queen looking for attention.
Going to the police most likely isn't a good idea.
Everybody that believes him needs to stick together and support him
Eventually people will see that she is just looking for attention and trouble.
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Originally Posted by lkng4answrs
I don't know how he can stop the rumors - he can't force her to file rape charges. I doubt he would be jailed pending the investigation of her complaint but I never say never. Again - semen does not prove rape; it proves two people had some sort of sex.
Maybe just ignoring the whole thing is the best way to handle it - seems like she is saying it was rape to get his attention and it's working.
I would venture an opinion that the whole "people getting high" angle will get everyone ignored by the Police.
Thank you all for your answers... they were very helpful
It is not easy to proof it , because any one can put any thing on cloths like semen ,but now can use DNA to proof this crime .
Please keep an eye on the dates when you respond. This is from 2008.
Semen on clothing IS proof. How else would semen get on someone else's clothing? Putting "anything" on clothing is not like having semen on clothing.
OK scenario: man has sex with his friends girl, she consented at the time and now that he knows about a week later she is saying it is rape. How valid would her claim be in court? There is semen on clothes and her word now. Will the accused see jail time?
Hello n:Quote:
Originally Posted by nithel
No.
excon
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