Rape or Sexual Assault
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Rape or Sexual Assault
I was raped three years ago by someone I knew. I have no DNA evidence. All I have is my own story. I doubt that there is anything I can do about this, but I have suffered three years from it. So I need to ask for my sanity, is there anything I can do now? I live in Oregon
Asked on April 17, 2009 under Personal Injury, Oregon
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
The issue is what is it you want to do?
You could go to the police and see if despite the passage of 3 years they would be interested in investigating, assuming the criminal statute of limitations has not run. Historically rape has been a very easy charge to make and a very hard to prove as consent -- actual or implied -- eliminates the crime. The longer the period between the act and the charge the less likely it is that the police would find the matter sufficiently worth investigating or a jury would be able to be convinced beyond a reasonable doubt which is needed to convict.
A delay of 3 years in bringing charges is normally far too long to make the story credible. Of course if the alleged rapist is someone the police have been watching, or someone who has raped others, your story may be very believable and part of a pattern by the social-deviant rapist.
If you want to sue the rapist civilly, the first questions any lawyer would ask are
- Does he have any significant assets that you could hope to collect if you win? If not, no lawyer would take this case on a contingency basis and suing him could cost you a bundle to pay lawyers by the hour as the rapist would defend.
- Has the statute of limitations for the civil tort run? I am not an Oregon lawyer but most states have rather short statutes of limitation for intentional torts
- Were you a minor at the time of the act? In some cases the statute of limitations is tolled (postponed) until you reach 18.
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