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  #1  
Old 12-16-2005, 02:22 AM
Aloysius Aloysius is offline
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Default Re: A Girl, Her Boyfriend, Her Ex-Boyfriend - Jail???

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
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  #2  
Old 12-16-2005, 02:25 AM
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Default Re: A Girl, Her Boyfriend, Her Ex-Boyfriend - Jail???

there would be zero cost to her. it's a criminal matter, not a civil one.
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  #3  
Old 12-16-2005, 02:28 AM
Aloysius Aloysius is offline
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Default Re: A Girl, Her Boyfriend, Her Ex-Boyfriend - Jail???

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
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  #4  
Old 12-16-2005, 02:35 AM
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Default Re: A Girl, Her Boyfriend, Her Ex-Boyfriend - Jail???

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.
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