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  1. #1
    Join Date
    Mar 2012
    Posts
    3

    Default Reporting a Rape After Eight Years

    My question involves criminal law for the state of: Texas

    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 (do to my health I slept a lot, had a lot of migraines, and was having seizures. 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.
    He harassed me through out my pregnancy to the point I thought I would miscarriage. He also would break into my home (we were told this by our neighbor) as well as call, text and email me horrible emails. And yet after I had the baby I felt guilty for keeping her father from her (maybe post postpartum??)(I know the importance of parents to a child's life) so let him see her for a few months. He tried to get me to marry him so he wouldn't get deported and got angry when I refused. After my mom had a heart attack and told him he couldn't coem to my home while she was there (she despised him for what he did to me and I didn't want the stress on her) he got angry and complained to my sister. I tried to meet in public so he could continue the visits, but felt after his treatment it wasn't worth it. He went back to threatening and harassing me. When we went to court in 05 he lied to the judge (who didn't want to hear about how I got pregnant or what I went through). He was granted a standard visitation order. In 2010 we went back to court for a modification and he lied to the social worker and his lawyer. The social worker believed his lies, and didn't want to hear what happened to me. SHe recommended him have an extended summer visitation. He has a new lawyer now (I believe his old lawyer found out the type of person he was and wasn't willing to go along with the lies anymore) and is lying to her about me.

  2. #2
    Join Date
    Nov 2006
    Posts
    368

    Default Re: Reporting a Rape After Eight Years

    Art. 12.01. FELONIES. Except as provided in Article 12.03,
    felony indictments may be presented within these limits, and not
    afterward:
    (1) no limitation:
    (A) murder and manslaughter;
    (B) sexual assault, if during the investigation of the
    offense biological matter is collected and subjected to forensic
    DNA testing and the testing results show that the matter does not
    match the victim or any other person whose identity is readily
    ascertained; or
    (2) ten years from the date of the commission of the
    offense:
    (E) sexual assault, except as provided by Subdivision (1) or
    (5); or


    What I am understanding here is, the statue of limitations for rape in your case may be in effect since no DNA evidence was taken at the time of the rape. And realistically, trying to get a conviction without any physical evidence after 10 years would be close to impossible. Your best bet is to talk to the law enforcement officer in your area that does sexual assault investigations and take his advice.

  3. #3
    Join Date
    Mar 2012
    Posts
    3

    Default Re: Reporting a Rape After Eight Years

    Quote Quoting nite_riderusa
    View Post
    Art. 12.01. FELONIES. Except as provided in Article 12.03,
    felony indictments may be presented within these limits, and not
    afterward:
    (1) no limitation:
    (A) murder and manslaughter;
    (B) sexual assault, if during the investigation of the
    offense biological matter is collected and subjected to forensic
    DNA testing and the testing results show that the matter does not
    match the victim or any other person whose identity is readily
    ascertained; or
    (2) ten years from the date of the commission of the
    offense:
    (E) sexual assault, except as provided by Subdivision (1) or
    (5); or


    What I am understanding here is, the statue of limitations for rape in your case may be in effect since no DNA evidence was taken at the time of the rape. And realistically, trying to get a conviction without any physical evidence after 10 years would be close to impossible. Your best bet is to talk to the law enforcement officer in your area that does sexual assault investigations and take his advice.
    Thank you so much. Would the pregnancy count as evidence if we could prove I was mentally incapable of agreeing to the sex? My family specifically told him NO to drinking and sex, and we believe he intentionally ignored them 1)took me 45min away to a club by his house 2)continued buying drinks and pressuring me into drinking them 3)refused to take me home when I asked (this may be hard to prove, but I know I asked) and in a sense forcing me to feel like I have to go to his house. I know so much has happened since then, and it was along time ago, but my mind was constantly going over details trying to understand things and somethings I held onto and remember. I think maybe it was a way for my mind to cope with what was going on. I also have my family who has been through it all with me, they remember things much better then I did/do

  4. #4
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Reporting a Rape After Eight Years

    I think you have a tough case.

    You have a child out of the horrible experience. But....it would not prove rape at this point. It would prove that you both had sex......but at this point, you have no visible injuries, no bruises that would show rape. It would be he said/she said.....

    It wouldn't hurt to visit a lawyer, but I have the feeling you would just be told what has been said here. If you do go a lawyer, take family members who allowed you to go with him.

    The biggest question will be - why are you now reporting this 8 years later......why did your family not report it....etc.

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