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    stella917's Avatar
    stella917 Posts: 1, Reputation: 1
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    #1

    Aug 31, 2012, 01:18 PM
    Proving rape
    A friend of mine is being accused of rape and he never took his pants of and neither did she, she needed a place to crash for the night and my friend offered his couch to her. The next day the police were at the bar where they met asking questions. My friend later found out he was being accused of rape. Again, his or her pants never came off. She did go to the hospital still claiming he raped her and he swears he never touched her... how far will this go and could he still go to jail
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Aug 31, 2012, 01:30 PM
    Quote Originally Posted by stella917 View Post
    a friend of mine is being accused of rape and he never took his pants of and neither did she, she needed a place to crash for the night and my friend offered his couch to her. the next day the police were at the bar where they met asking questions. my friend later found out he was being accused of rape. again, his or her pants never came off. she did go to the hospital still claiming he raped her and he swears he never touched her....how far will this go and could he still go to jail

    They undoubtedly used a rape kit when they examined her at the hospital - personnel would collect pubic hair, semen, other samples. If he is telling the truth the tests would rule him out.

    If he is not telling the truth he would be arrested.

    And, yes, if he's found guilty he could go to jail and, depending on their ages, be labeled a sex offender.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Aug 31, 2012, 04:43 PM
    First if they believe there is enough evidence to press charges, he can be arrested and put in jail till he posts bond.

    Next what do you mean by "accused of rape, again" has he been accused of rape before? If so, was the case about the same ? The police will take it more serious if he has been accused of a same thing before.

    So he needs not to say a word to anyone, get an attorney arranged, not talk to the police without an attorney ever.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Aug 31, 2012, 05:22 PM
    Quote Originally Posted by Fr_Chuck View Post
    First if they beleive there is enough evidence to press charges, he can be arrested and put in jail till he posts bond.

    Next what do you mean by "accused of rape, again" has he been accused of rape before? if so, was the case about the same ? the police will take it more serious if he has been accused of a same thing before.

    So he needs not to say a word to anyone, get an attorney arranged, not talk to the police without an attorney ever.


    I'm not sure if he was accused of rape again - or - if, again, he never took his pants off.

    Not to be confused with the woman who wanted to know if it was strange that her husband had sex with her and never took his pants off.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Aug 31, 2012, 07:02 PM
    As noted, if this woman went to the hospital, they would have done a rape kit. If there is no physical evidence of a rape, it is not likely the DA will prosecute.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Sep 1, 2012, 05:27 AM
    Quote Originally Posted by ScottGem View Post
    As noted, if this woman went to the hospital, they would have done a rape kit. If there is no physical evidence of a rape, it is not likely the DA will prosecute.

    I will add from my experience that if she says she was raped, the kit shows his DNA, he denies (or, in this case, continues to deny) sexual contact he very well likely will be arrested. He's already burned up his consensual sex argument.
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