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    kamarkhan's Avatar
    kamarkhan Posts: 1, Reputation: 1
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    #1

    May 16, 2012, 09:54 PM
    can a rape sentence dropped if it is in doubt a year later?
    Hi, I need some help and advice please. Im from the UK and a few years ago was dating a girl who I was with for a year. Towards the end of our relationship she went out on a night got drunk and raped and assaulted. A sentence was passed for rape and assault to the defendant of 7 years.

    When the rape case was over, a few months later me and my X girlfriend had an argument and she made a comment stating ' do you want me to have you locked up for rape too'. And I found that quite astonishing for someone who is a victim to say something like that. I asked wasn't it rape? And she just smiled not saying anything. This has ever since put doubt into my head and I was wondering if I was to inform the police of this incident is there any way of having the defendants sentence dropped as he may be serving time for no reason. My X girlfriend has moved abroad but I don't know to where.

    If I was to go to the police what steps would follow??
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    May 17, 2012, 03:54 AM
    I would try to find the defendant's solicitor (this could be a matter of public record) and tell him about what she said. The police are not likely to do anything, nor would the prosecutors. They have a closed case. But his solicitor may be willing to reopen the case. It's a long shot, without knowing where the girl is and whether they can prove what you are saying.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    May 17, 2012, 07:23 AM
    Hello k:

    There SHOULD be other evidence besides her word.. Her word alone wouldn't be enough to convict somebody here.

    excon
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    May 17, 2012, 01:08 PM
    Quote Originally Posted by kamarkhan View Post
    ... she made a comment stating ' do you want me to have you locked up for rape too'. ... I asked wasnt it rape?? and she just smiled not saying anything. ...
    What she said to you, and her body language, would be ambiguous at best. I don't think it's anything that can get his lawyer anywhere.
    lowlowfroggy's Avatar
    lowlowfroggy Posts: 14, Reputation: 4
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    #5

    May 21, 2012, 06:57 AM
    Not sure how it works in the UK, but in the USA I would personally call the local police and inform them of the words she said. Make sure there is a report made and a report number given to you. That number is real important. Why, because if she ever has a bad day she can make a report. Yes, the law has to prove that you did it, but you ALSO have to prove that you Didn't.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #6

    May 21, 2012, 07:56 AM
    Hello:

    Some people misunderstand our laws.. Innocence is NOT reason enough to overturn a conviction.. There's needs to be MISTAKE, or ERROR in the trial. Convicting an innocent person is NOT a mistake.

    The cops will do NOTHING.. It's a CLOSED case. IF they investigate, it's an ADMISSION than they made a mistake, and the cops aren't going to do that.

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #7

    May 21, 2012, 08:24 AM
    Quote Originally Posted by lowlowfroggy View Post
    Not sure how it works in the UK, but in the USA i would personally call the local police and inform them of the words she said. Make sure there is a report made and a report number given to you. That number is real important. Why, because if she ever has a bad day she can make a report. Yes, the law has to prove that you did it, but you ALSO have to prove that you DIDNT.
    Would help if you read the thread more carefully. I think your advice is addressed at the OP to prevent his girlfriend from making a claim against him. But, if you read the thread carefully, you would see he is no longer with her and the question was not about him but about a previous guy she got convicted for rape.

    The police MIGHT make a note of the threat if he reports it. But they won't do anything to address the previous rape case.

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