Do you ever get over being raped? Also, I pressed charges on him and gave him a plea bargin, which was "Assault and battery on a person over 14".. He got 5 years probation, and if he messed up he would spend 2 years in Middleton Jail. He messed up and is in jail now, he has been there for almost a year.. Is it possible to re-open the case and charge him with Rape? I feel if I know he got charged with rape, my healing process would be so much easier, because I half to live with what he did to me everyday, so he should be reminded of how much of a piece of dirt he is! So is it possible to reopen a rape case after a plea bargin has been taken. Please helpp .

No. "Jeopardy" has "attached". In other words, the Double jeopardy clause of the U.S. Constition (and probably your state constitution as well) prohibits him from being prosecuted again for the same offense.

You didn't give him a plea bargain, by the way, the state did.

Well yes I am aware of that, but technically it is not the same case because he was charged with indecent assaunt and battery on a person over 14.. not with what he should have been charged with all along, rape.

It's over - your case is closed. You can contact the DA and explain your side of the story but I believe it's over. He cannot be tried twice. Who advised you at the time of the original trial? Perhaps rape would have been difficult to prove and so he was sentenced on another charge?

EDIT: Now I'm confused. I notice in your other threads you are a man. Were you the male victim of rape?

It was my decision because I was 15 years old, and I was getting threats left and right from people he associated with. I figured the process would be over with and at least he would get some sort of punishment. But as 2 years are passing, I'm realizing he got off way to easy.

Actually you file a complaint, the state presses the charges, The state, not you decide what charges to allow, and the state not you decide if he gets a plea agreement.

It is over, the rape charges were reduced to the current charges and he took a deal.

No amount of punishment to him will make you feel better, you will only feel better when you start to allow yourself to move on and be over it. If you have not gone to rape support groups, if you have not gone to counciling, you need to

Actually no, it was not a complaint the person had been arrested and in and out of jail since he was 12 years old. He was a bad seed. And I had no idea until he raped me. I went to counciling for the first year, but also I didn't tell anyone about the rape for the first three months, I just was depressed and bipolar, didn't want to leave the house, or talk to anybody. Just wanted to cry and keep to myself. And actually it was my decision whether I wanted to indict him and that would take possibly up to three years, and I decided at the time it was to long, but now I realize it would have been better for the long run.

You cannot indict a person unless you are the Grand Jury.

I have no idea what you are talking about - and you have been asked not to post incorrect or speculative advice on the legal boards.

First, let me welcome you to AMHD. But you need to understand some things here. A prosecutor decides what to do with a case. The prosecutor may involve the complainant in that decision. That appears to be what happened in your case. The prosecutor wanted to plea bargain and asked if you were OK with it. Whether they would have gone ahead with the prosecution if you didn't agree we don't know.

But it would NOT be a new charge. Just because he copped to a lesser charge doesn't remove double jeopardy. So, as noted, you need to move on. If you need counseling to help you deal with it, please do get some.

On a separate note. I see you have contributed answers to some questions. Its nice that you want to help and we thank you for your participation. However, we have certain standards on this site. We ask that you make sure of the accuracy of your answers. Especially in forums where answers are based on facts more than opinions, like the law forums. In your response in a different thread you implied that if a minor's parents don't report underage sex it won't be prosecuted. That is highly inaccurate as your were told.