Celebrating 10 years! 2007-2017

Any Former DA or LEO? 1st degree rape 10 years ago

the rape happened more than 10 years ago. no evidence kept b trackpackage02/09/18
"The rape happened. . ." Are you confessing OP? Or are yo isthisit02/09/18
I am helping the victim. Will DA or LEO investigate and try trackpackage02/09/18
Probably not. I'd be surprised if they even brought the guy isthisit02/09/18
Is it Harvey Weinstein? fettywap02/09/18
No. lol trackpackage02/09/18
Depends. In my jurisdiction, the uncorroborated word of the pauperesq02/09/18
Thanks. Good to know. trackpackage02/09/18
See, e.g., https://www.google.com/amp/s/www.wa shingtonpost.c ibrslave02/09/18
Unless the facts and circumstances are really sensational (e sillydood02/10/18
Isnt collecting evidence LEO/DA’s job? A private citizen trackpackage02/10/18
It will depend on a few things. 1. Is the person well known? thirdtierlaw02/10/18
Thanks for the detailed answer. To answer your questions: trackpackage02/10/18
The issue isn't whether or not the rape occurred, it's wheth thirdtierlaw02/10/18
If it's in NYC they'll ask him to come in for an interview. nycop02/10/18
Thanks for the reply. The victim is considering contacting e trackpackage02/10/18
Here's a link to the NYPD compstat page: http://www1.nyc.gov nycop02/10/18
This is very interesting. Very helpful. trackpackage02/10/18
Former ADA here. And Army JAG. Based on the thin set of fac porochi02/10/18
Thanks for your reply. Its good to know a DA’s point of vi trackpackage02/10/18
Thanks everyone. Your comments are very helpful. I will let trackpackage02/10/18

trackpackage (Feb 9, 2018 - 10:04 am)

the rape happened more than 10 years ago. no evidence kept by the victim. No SOL issue.
Will Police or DA even accept and investigate the case?

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isthisit (Feb 9, 2018 - 10:45 am)

"The rape happened. . ."

Are you confessing OP? Or are you representing the alleged victim?

If you are representing the accuser than you can roll the dice for what's it worth in this #metoo climate. Normally without evidence it's not going anywhere.

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trackpackage (Feb 9, 2018 - 10:49 am)

I am helping the victim. Will DA or LEO investigate and try to find any evidence?

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isthisit (Feb 9, 2018 - 10:55 am)

Probably not. I'd be surprised if they even brought the guy in for an interview.

Maybe your county is more liberal.

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fettywap (Feb 9, 2018 - 11:12 am)

Is it Harvey Weinstein?

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trackpackage (Feb 9, 2018 - 11:34 am)

No. lol

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pauperesq (Feb 9, 2018 - 11:24 am)

Depends. In my jurisdiction, the uncorroborated word of the victim is enough to convict so yeah, the police would certainly be interested.

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trackpackage (Feb 9, 2018 - 11:34 am)

Thanks. Good to know.

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ibrslave (Feb 9, 2018 - 1:33 pm)

See, e.g., https://www.google.com/amp/s/www.washingtonpost.com/amphtml/national/religion/ex-priest-charged-in-decades-old-delaware-child-rape-case/2018/02/01/216c603a-0750-11e8-aa61-f3391373867e_story.html

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sillydood (Feb 10, 2018 - 1:38 am)

Unless the facts and circumstances are really sensational (e.g. priests with little boys or a Weinstein situation) it’s hard to fathom a 10 year old he said/she said case going anywhere. Seems like your client should stay quiet and unless the DA has any real evidence the case goes nowhere.

I’m not a criminal lawyer though.

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trackpackage (Feb 10, 2018 - 7:19 am)

Isnt collecting evidence LEO/DA’s job? A private citizen’s ability to collect evidence from third parties are almost none.
I want to hear opinions from former LEO/DA or crim attorneys.

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thirdtierlaw (Feb 10, 2018 - 7:24 am)

It will depend on a few things. 1. Is the person well known? 2. Is he a family member where there is a slight chance other family members could be shaken loose to say he assaulted them too, or they saw how he was acting around them? 3. How busy is your county's D.A.'s office?

You said there is no evidence, so there is no rape kit, text message apologies, etc. The odds of funding a witness that saw them before the incident 10 years later is a long shot. So unless they call the rapist and he says, "you got me" or something close to that it's unlikely it'll get far.

Even in the current climate, she will need an extremely good answer to why she waited 10 years to report. "I was 8 and was afraid I'd be homeless or put in foster care if I reported before turning 18," might be work. But if it is, "well I just was afraid of coming forward before the #metoo movement" she will have some problems.

I'm a defense attorney, so I only see the cases that someone gets charged. So maybe they investigate these things but then never bring charges.

Most important question, does she even know where the guy lives now?

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trackpackage (Feb 10, 2018 - 9:40 am)

Thanks for the detailed answer.

To answer your questions: not well known, not a family member.

Maybe the victim can get the accused to admit to the rape in a private conversation even though not a preferred way. Will that be enough to charge and convict?

Why waited for a long time? I am not going to disclose specific details but it seems sex crimes are one of most underreported crimes for many reasons including society’s prejudicial attitudes toward sex crime victims. I was also puzzled why the victim waited for a long time. Upon hearing the explanation, it was understandable. I have no doubt that the first degree rape was occured as the victim has no reason to lie. Its just a matter of proving the case.

The victim knows where the accused lives and can be found easily.

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thirdtierlaw (Feb 10, 2018 - 10:23 am)

The issue isn't whether or not the rape occurred, it's whether the DA believes it can be proved beyond a reasonable doubt.

Be careful of recording a message in case you're in a dual consent state. But text message, FB message, she won't have that issue.

The most important question isn't a legal question. Does she know what she is opening up? There is always the risk that the police take a statement but never follow up. Or that they do and tell her sorry, we don't have enough. Or they bring charged and it's resolved with a misdemeanor. Or the absolute worst of all, she goes through a trial, is abused on the stand for 2+ hrs being called a liar, and he gets an acquittal. Even with rape shield laws in place, her sex life from that time will be front and center through the investigation. Friends, family members, and acquaintances from both sides will be interviewed. I'm not trying to discourage her from disclosing, but she needs to be both mentally and emotionally prepared for what is coming.

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nycop (Feb 10, 2018 - 9:41 am)

If it's in NYC they'll ask him to come in for an interview. They'll roll the dice to see if they can get a confession. Also, they'll be trying to get him to say something incriminating via controlled phone calls so he should be cautious of phone calls/FB messages from the girl.

Next step is to do debriefs. They'll track down ex-gfs/associates to see if he said anything during the time it happened. If he has shady friends, then he could potentially be screwed--especially if that friend has pending criminal charges. You can advise your client to shut-up; his friends/former friends, however? Good luck

His chances of getting on the radar are as follows: If it's in NYC and the c/v is credible, I say 50-60% they open a case; if it was in Manhattan he's done--I'll put the odds closer to 90+%

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trackpackage (Feb 10, 2018 - 9:46 am)

Thanks for the reply. The victim is considering contacting either DA or Police.

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nycop (Feb 10, 2018 - 9:58 am)

Here's a link to the NYPD compstat page: http://www1.nyc.gov/site/nypd/stats/crime-statistics/borough-and-precinct-crime-stats.page

1. Find out where the incident occurred (not where your client or victim lives)
2. look at "rape" and see the percentage change for the 28-day or YTD
3. If there's an increase in either column, they're coming for him soon
4. If there's a decrease, they'll wait a bit.

The more detailed compstat sheet has more info, like clearance rates. If rapes are up for the 28-day and YTD and the clearance is low, he's done.

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trackpackage (Feb 10, 2018 - 7:41 pm)

This is very interesting. Very helpful.

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porochi (Feb 10, 2018 - 6:59 pm)

Former ADA here. And Army JAG. Based on the thin set of facts you present, no, not enough evidence to convict so I wouldn't have filed a complaint against the defendant. He said she said cases are always tough to prove beyond a reasonable doubt.

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trackpackage (Feb 10, 2018 - 7:38 pm)

Thanks for your reply. Its good to know a DA’s point of view.

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trackpackage (Feb 10, 2018 - 7:42 pm)

Thanks everyone. Your comments are very helpful. I will let you know how it goes.

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