Whats the benefit of filing rape after 8 yrs

This is a discussion on Whats the benefit of filing rape after 8 yrs within the Criminal Law & Criminal Procedure forums, part of the Legal Questions & Answers Forum category; I was raped in 2003. I had been in a car accident and had brain surgery and was on alot of medicine. An exboyfriend showed up and acted concerned. He ...

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  1. #1
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    Whats the benefit of filing rape after 8 yrs

    I was raped in 2003. I had been in a car accident and had brain surgery and was on alot of medicine. An exboyfriend showed up and acted concerned. He asked my family if he could take me out and spend time with me. I lavished in the attention, because I had become something of a recluse, because I had no energy to go out. My family told him of the accident, the medicine I was on and the risks (I was on seizure medicine). He promised he'd take care of me, and we wouldn't be gone long. My mom told him no sex or drinking. He took me to a club by his house 45 minutes from my home and kept buying drinks. I trusted him and drank them because he kept telling me to. I started to feel weird and asked to go home, but he told me he was drunk and would only drive to his house. I asked to go to a hotel, and he told me he wouldn't take me. So I went to his house. I ended up blacking out, and woke up later in his bed feeling really sick. My sister and mom ended up calling him and demanded he take me home. He was concerned they would press charges, and kept telling me he loved me. When I got home and felt better I begged them not not, believing he loved me. A few weeks later I found out I was pregnant. Alot has happened since then, but it has been weighing heavily on me. I have contacted RAINN and gone to do an intake with the counselor. She told me an option I have is to file a report because the statue in Texas is 10 yrs. I want to know what the benefits are of filing a report now? What about our daughter? I tried to tell people shortly after it happened and when we went to court the first time in 2005, but no one cared or listen. It bothers me so much, because I am constantly reminded now of what he's done and am constantly having things thrown in my face that he's the victim and everything is my fault. I have seem him treat our daughter wrongly over and over again, and feel powerless to help her.


  2. #2
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    This is a personal question you are asking, not really a legal one. You have to decide whether you want to press criminal charges against this guy. If you do and the district attorney believes you have a case, he will charge him with rape and it may go to a trial where you have to testify. You should consult with your family, friends, and counselors. I personally don't see why you didn't press charges originally, or why you wouldn't want to press them know. By definition, this man is a rapist and should be in jail.
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  3. #3
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    I strongly suggest phychological counceling. What happened to you was WRONG. To re-live it via court, at this point is fruitless. You and your child must go on with your lives. After all, you owe it to your child to move on. Good Luck.

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    I suspect this is not a rape issue but a control issue. The prosecutor and courts will recognize it as such.


 

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