A Girl, Her Boyfriend, Her Ex-Boyfriend - Jail???

[Aloysius]

There is this girl, let's call her Tina. She has been dating Jack for about 2 years now. For the past 4 months Tina has also been seeing Greg on the sly (her ex, immediately prior to Jack). Jack & Tina live together.

PROBLEM FOR TINA - Jack and Greg bump into one another (they sort of know one another), get to talking... it comes out they are both banging Tina. Both are displeased and hatch a plan...

SEVERAL WEEKS LATER - Tina & Jack are banging. Much to Tina's surprise Greg bursts in to their bedroom. Jack stops banging Tina. Greg & Jack reveal they know the deal, that she is a whore. Tina is chagrined.

THE NEXT DAY - Tina is getting her stuff together, but by now Jack has really kind of lost it. As Tina looks for her clothes (to get the [censored] out, obviously) Jack tells her - "I've hidden all your clothes. You want that [censored] and your other stuff? Bang me right now." Tina is flabbergasted. This part is a little confusing I don't know exactly what happens, but Tina feels sufficiently coerced enough to bang Jack.

AFTER THEY BANG - Jack then continues to threaten her saying "I have a bunch of sensivite info on you - work contacts. If you don't come over and do [censored] for me - like clean my apartment and keep banging me - no strings attached cause I sure as hell don't wanna date you - I [censored] you over." Tina leaves, freaked out.

TINA'S PLAY - she consults my buddy (they are good friends, not banging though). My buddy says "whoah do you think he raped you?" She says - "I have no idea wtf happened". They call the police! A lieutenant of some Bay Area police force says "well, if this is true, it sounds like he can be brought up on 3 charges - rape, extortion, and kidnapping."

TWO WEEKS LATER (AROUND NOW) - Apparently Jack has called Tina's work contacts, as Tina did not cave to Jack's demands. Nothing happens she just plays it off like he's some lunatic.

QUESTION FOR OOT - WTF????? This is a retarded deranged situation, but if Tina were to pursue this - can Jack go to jail?

Curiously,
Al

yes. and he's a [censored] dirtbag

Last time I checked people go to jail when convicted of rape, extortion, and kidnapping

[Aloysius]

Bright & Talendeficit - Yes, no doubt this guy is a [censored]' raging douchebag (no, that's not nearly harsh enough). But how in the world would she prove any of this? She was not bruised at all, there are no signs of physical injury.

More importantly - should she even bother with pursuing legal action?

Still curious,
Al

he called her work contacts and told them something presumably, that right there is enough to get him in court, and it may be he said, she said at that point, but no one is going to listen to him. he's [censored].

- Rape kit?
- Lets them know about what he said and then has witnesses to the fact that he tried to pull [censored] on her at work

Should she bother pursueing legal action? Of course. For her own peace of mind and for any other girls that he might do this to if left unpunished.

[Aloysius]

Bright - I do not believe a rape kit examination was performed at all. This of course would be a problem. And with no physical distress, I think it would be very difficult to prove that he raped her - strictly emotional / mental coercion thing it sounds like which of course is he-said / she-said, and I think is notoriously difficult to prove.

I ask about the legal action not because it isn't justified, but because I wonder how worth it would be for her. It would not only be expensive, but outside of getting a restraining order (the phone calls to her work) I doubt she'd be able to build a sufficient case for any of the other potential charges (rape, kidnapping, extortion).

But I know very little about this type of situation.

-Al

there would be zero cost to her. it's a criminal matter, not a civil one.

[Aloysius]

TD - duh yes, right... so her line would be to report this, in full, to the police right? And have an investigation go forward as a criminal matter? OK - I guess as phrased in my OP - I would be surprised if he served any jail time whatsoever, as this seems very difficult to prove the more serious potential charges.

I hope I'm wrong...

-Al

[beenben]

technically, yes; but as a practical matter, no.

First of all, rape is sexual penetration without consent. So although she wasn't forced, she was coerced and the california statute includes "duress" - the question is did what he say to her include duress?

as a practical matter, I don't thinka prosecutor will charge this crime, and if it was charged, a jury is not likely to convict given their past relationship and her cheating.

you are wrong.

the more serious charges may be difficult to prove, but prosecutors aren't stupid and the courts aren't like on CSI. you don't need dna or fiber evidence to convict people of these types of crimes. if you know about this and the ex-bf knows about this, then so do hundreds of other people. if what you say is accurate and especially if the phone calls you mentioned were of a threatening nature, the da will have no problem bringing a case.

luckily for 'jack', california has a problem actually going from building convincing cases to putting people in jail. he may just do county time.

[Aloysius]

TD - Hey, good to know. I mean it's obvious "Jack" stepped way over the boundaries of normal behavior - it's somewhat comforting to know that he can be (at the very least) brought up on criminal charges, if not serve jail time... I just assumed jail was out of the question.

I actually now am curious as to why "Tina" didn't press charges right away. I guess alot of confusion and stress, and trying to sort it out first before making a move, as it is, obviously a really [censored] up situation.

-Al