Rape Under American Law - Some Serious Advice Needed.

[Squidgey]

Okay, first of all, allow me to say good morning ladies and gentlemen. Although I have only really been lurking here of late, I do read the forum still and quite enjoy it. However, this thread is of a more serious matter That I would like some advice upon.

Without naming names, you wouldn't know them anyways as they do not know of this forum's existance, I have a friend who lives within the United States of America who was raped a bit over a year ago.

The only thing was, she was so pissed out of her mind with alcohol that she couldn't remember the act taking place.

It turns out, that a little over 6 months after the night of this party, that my friend was approached by a bloke at school who told her, to her face, that at the said party, he had taken her up stairs and raped her whilst she didn't have a clue what was going on.

This of course, led her down a very ugly path, which included attempts at her own life. When questioned as to why she didn't do anything at the time, she said she was so overwhelmed by the whole revellation coupled with other emotionally boggling events occuring at the time that she didn't do anything. When I suggested she do something about it, she said it was too late. Afraid of the consequences within her social circles, maybe.

Fact is, It has been almost a year since she found out, and thus roughly 18 months since the act happened (her being 16/17 at the time) and though it doesn't appear to be affecting her too greatly, underneath, it really is.

Thus, I would like some advice that I can pass onto her, as it would be greatly appreciated and helpful for her well being in the near and long term future.

Under American Law, what are her rights in dealing with this Rape? What can she do? How can she deal with it?

Anything at all that you people can provide me to pass onto her would be fantastic.

With many thanks,

Squidgey,

Luke Roberts, Sydney, Australia.

[Lindar]

first of all : she needs to understand it wasn't her fault

second of all : any sexual acts done under the influences of any sort of inhibiting substance (drugs or alcohol) is considered non consensual if looked at upon a later date...

the sooner she tells someone that can do something the sooner something can be done about it.

don't ask i was lectured by art students as well as sat through the anti-rape task force training ...

[vampykat]

To find out if she can take legal action against the boy, one would have to know what state she was in so one could look up the statute of limitations for that offense in that particular state.

[Lindar]

good point Kat.

I didn't even think of that issue.

Which state is it Squidy? that is if you don't mind telling...

[B4UTRUST]

two years at a minimum I believe. Some states go as far as five, others more. But that's general stature of limitations for most crimes. It may vary for rape.

And while I can't offer any good advice on legal matters I can say that she just needs friends and chances are she'll never fully recover from it. Deep down somewhere she'll always wonder.

[Squidgey]

To find out if she can take legal action against the boy, one would have to know what state she was in so one could look up the statute of limitations for that offense in that particular state.

Arkansas.

Also, what are Statutes of Limitations?

[Dark Silver]

Statues of Limitation is the maximum amount of time a crime is punishable by law. Most crimes, just as major theft from the goverment, have a statue of limitations of...I beleive 7 years, prosecutable.

I could be wrong on the length, I'm not a expert, or even in passing know about Arkansas Law. Rukia may know, she's from there.

[frigidmagi]

A statue of limitation deals with how much time can pass after a crime is done before the government can no longer charge you for it. This is mainly to prevent you from being charged with a minor crime that was long ago that you have no way of defending yourself, you frankly forgot about it (can you remember how often you went over the speed limit 5 years ago?)

Some crimes, such as pre-medatited murder, have no limitation, others do. Minor crimes, tresspassing, jay walking, speeding, etc have short limitations on them, usually measured in a month or so.

Rape is considered a major crime and it's limitation, while varying from state to state is measured in years.

The Staute of limitation for Arkansas is 6 years seen here This means he can be charged with the crime at any time afterwards for up to 6 years.

I would encourage your friend to go to a doctor and get a check up, just in case. I would also encourage her to report it. Although in all honesty given the facts surrounding this proving it happened will be tough.

[Squidgey]

Rape is considered a major crime and it's limitation, while varying from state to state is measured in years.

The Staute of limitation for Arkansas is 6 years seen here This means he can be charged with the crime at any time afterwards for up to 6 years.

I would encourage your friend to go to a doctor and get a check up, just in case. I would also encourage her to report it. Although in all honesty given the facts surrounding this proving it happened will be tough.

Okay, that is great to hear, and yes, based on the facts I have from her, it does seem quite hard to prove, though I may be missing some information...Also, the doctor, I didn't think of that one, so thanks. The 6 years mark is also good, as it means she still has time to do something about it.

[vampykat]

If she does plan on taking this to the point of prosecuting the boy, she may want to see if he bragged about it to anyone but her, say at the college. If she doesn't wish to speak about it, she may want to ask some friends that she can trust to do some sleuthing for her as well.

[Squidgey]

I sent her an email, if she reads this thread, then it will be a most positive step if she also comments here as well, as those who are much more knowledgable in this area could help her where I could not - and although it is saddening that I could not be more directly helpful, it is great that there are people like you lot who can help out much more greatly. So thankyou, very, very much.

I must be off, but hopefully you'll get a direct, and more importantly, open response from her here, soon.

Luke.

[LadyTevar]

Depending on Arkansas's Age of Consent, the boy in question could also be charged with Statutory Rape, if she was underage and he was more than 3yrs her senior.

[Shark Bait]

Ok my advice is if she is going to do any type of legal action she may also consider seeking professional help. I know my school has an on campus womens center that has professional counselers for just this reason. Also while i'm not saying that she should not report the rape, it is going to be very very hard on her should it become an investigation. So I would deffinately encourage towards some form of therapy, especially since you have said it has allready cause her some serious emotional harm.