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  1. #1
    Join Date
    Jul 2007
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    Default Cold Case Statutory Rape

    State: Texas
    Adult @ time of encounter: 19
    Minor @ time of encounter: 15

    My question is, in a 1 year + old statutory rape cases where there is no physical evidence or forensics, is it simply plaintiff testimony vs. defendent testimony? Is there a solid enough basis for a DA to push to trial in this situation?

  2. #2
    Join Date
    Sep 2005
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    California
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    Default Re: Cold Case Statutory Rape

    It depends ... it might be. It's not likely, but it IS possible.

    For instance, did the two parties tell anyone of their encounters? Did it happen on more than one occasion? Did anyone facilitate their getting together? Can she identify certain characteristics of his body that only an intimate partner might know?

    Guys tend to brag, and girls tend to tell their friends ... it is almost impossible that this was kept completely quiet.

    There ARE ways to make the case.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  3. #3
    Join Date
    Jul 2007
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    Default Re: Cold Case Statutory Rape

    Quote Quoting cdwjava
    View Post
    It depends ... it might be. It's not likely, but it IS possible.

    For instance, did the two parties tell anyone of their encounters? Did it happen on more than one occasion? Did anyone facilitate their getting together? Can she identify certain characteristics of his body that only an intimate partner might know?

    Guys tend to brag, and girls tend to tell their friends ... it is almost impossible that this was kept completely quiet.

    There ARE ways to make the case.

    - Carl
    Her brother was the means of introduction between the two, but most likely would not testify against the defendent. It unfortunately did happen on several occasions.

    As years progress does it make the case less likely to be pursued by the DA? I've read that the statute of limitations on statutory rape is 10 years after the minor turns 18. I can't see any state cases being filed after half a decade?

  4. #4
    Join Date
    Sep 2005
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    California
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    Default Re: Cold Case Statutory Rape

    Quote Quoting WrongTurn2
    Her brother was the means of introduction between the two, but most likely would not testify against the defendent. It unfortunately did happen on several occasions.
    He might not have a choice - he can testify or go to jail ... kinda not many options there.

    As years progress does it make the case less likely to be pursued by the DA?
    Only when/if the statute of limitations expires. Otherwise, it's impossible to say.

    I've read that the statute of limitations on statutory rape is 10 years after the minor turns 18. I can't see any state cases being filed after half a decade?
    I've known a few ... I've brought a couple to trial, too.

    There is no way to predict the future.


    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  5. #5
    Join Date
    Jul 2007
    Posts
    5

    Default Re: Cold Case Statutory Rape

    Ok, I wasn't aware that the brother would have to testify because I've read of other cases where the minor refused to testify to avoid reciting graphic details of events.

    Would the brother's testimony of having introduced them prove beyond a reasonable doubt the claim of a sexual encouter?

    Also, does one's current standing in the community (degrees, employment, family) weigh in on a DA's decision to take a case to court, or are these factors kept from him?

  6. #6
    Join Date
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    California
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    Default Re: Cold Case Statutory Rape

    Quote Quoting WrongTurn2
    Ok, I wasn't aware that the brother would have to testify because I've read of other cases where the minor refused to testify to avoid reciting graphic details of events.
    If it is necessary for him to testify, they will call him.

    Would the brother's testimony of having introduced them prove beyond a reasonable doubt the claim of a sexual encouter?
    Of course it wouldn't.

    Also, does one's current standing in the community (degrees, employment, family) weigh in on a DA's decision to take a case to court, or are these factors kept from him?
    Maybe ... but it shouldn't. One of the worst child molesters I knew was a college professor who worked summers at Yosemite - well educated, strong community standing, family man, etc. Had his standing played a part, he never would have been filed on.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  7. #7
    Join Date
    Jul 2007
    Posts
    5

    Default Re: Cold Case Statutory Rape

    I appreciate your responses.

    What kind of job opportunitys are there for convicted sex offenders? After serving time for such a crime, what experiences have you heard of as far as employers that look beyond this. I suppose that retaining a BA would mean close to nothing for a convicted felon.

  8. #8
    panther10758 Guest

    Default Re: Cold Case Statutory Rape

    Burger King comes to mind

  9. #9
    Join Date
    Feb 2007
    Posts
    2,032

    Default Re: Cold Case Statutory Rape

    Quote Quoting panther10758
    View Post
    Burger King comes to mind
    They wouldn't hire him either!! Remember children eat there!!

  10. #10
    Join Date
    Jul 2007
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    5

    Default Re: Cold Case Statutory Rape

    U mad?

    Quality responses. Would read again

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