Re-Opening Rape Charges

[jk]

as for the confession part of the evidence; there's also parts where he talks about very specific details of that night.

~admiting to grabing my arm and draging me to his basement
~repeatedly hearing me say "NO!" and "STOP!" yet continuing with intercourse
~his motive. which was; to make sure he hurt me enough to make me no longer want our relationship.

i'm not too sure about what to expect anymore. but i just hope this might go somewhere. i'm not trying to be vindictive or 'get back at my ex'. he committed a serious crime.

so, was this part of the email you dug up or was it part of the information you originally gave to the prosecutor. You have now claimed it was both.

as for the confession part of the evidence; there's also parts where he talks about very specific details of that night.

everything mentioned in that post was said to the police when i originally filed. i

and let's go a bit further:

when this rape happened, how soon after the rape did you report it? was a rape exam performed by some medical professional?

[alyricalliar]

the things he admitted to in the emails were things that i had told the prosecutor/police when i originally filed.
basically the emails would be backing up and supporting what i had already said.

the only thing that could be held against me is the fact that i didn't report right away. i was terrified. which of course isn't the best excuse (or really an excuse at all). i didn't think to get a rape kit at the time. and i know that without that physical evidence i might have screwed up. spousal rape is always the hardest to prove. as i'm now finding out.
but hitting blocks, getting stonewalled, and being made to feel like I'm the one who's done something wrong is quite painful too.

[jk]

the things he admitted to in the emails were things that i had told the prosecutor/police when i originally filed.
basically the emails would be backing up and supporting what i had already said.

the only thing that could be held against me is the fact that i didn't report right away. i was terrified. which of course isn't the best excuse (or really an excuse at all). i didn't think to get a rape kit at the time. and i know that without that physical evidence i might have screwed up. spousal rape is always the hardest to prove. as i'm now finding out.
but hitting blocks, getting stonewalled, and being made to feel like I'm the one who's done something wrong is quite painful too.

spousal rape? I thought this was a boyfriend.

stick with where you are going and see where it goes.

[alyricalliar]

when i talked to the police they said it would be a class 3 offense. criminal sexual misconduct between dating or married couples. which falls under the spousal rape clause and definition. a bit confusing, but i guess it makes sense. at least that's how i understood it from the officer's definitions.

i'm just trying to hope for the best.

[jk]

when i talked to the police they said it would be a class 3 offense. criminal sexual misconduct between dating or married couples. which falls under the spousal rape clause and definition. a bit confusing, but i guess it makes sense. at least that's how i understood it from the officer's definitions.

i'm just trying to hope for the best.

There is a definition that includes members of the same household though. Did the two of you live together at the time? Your statement suggests otherwise:

~admiting to grabing my arm and draging me to his basement

Not the basement or our basement but his basement. the third degree may be possible but it would be due to the actual force, not the relationship.

That is the only dating relationship situation that would make a difference.

[alyricalliar]

i'm not too sure in that case. we didn't exactly live together in one household. more like switching between my apartment and his house. we both still currently live with our mothers. at one point we did live together, but not when the rape occurred.
the rape happened at his house, in his basement, on his bed. at the time we were in a strained/semi-separated relationship.
so obviously we knew each other, and had a previous relationship. according to the police that's class 3, but now you have me wondering if it could be something different.

[jk]

but not when the rape occurred.
the rape happened at his house,

then the section concerning same household residents would not apply. It really doesn't make any difference though. There are some very subtle differences between 1st, 2nd, 3rd, and 4th degree sexual conduct as well as some extreme differences for special situations and in many instances, more than one can be charged. The prosecutor will often shoot for one he believes will come as close to guaranteeing a win as possible or that he believes he can use to push the defendant into a plea bargain so a trial is avoided altogether.

Don't get too wrapped up on what the specific charge could be. Just wait to see if the prosecutor thinks this is even worth filing charges on.

[alyricalliar]

yep. that's all i'm focusing on right now.

thank you for all the help and information though.