How the fuck is there a statute of limitations for rape in New York?

[The Grand Nudger]

No -accused- perpetrator gets a "free pass" by SOL's, that's  just a myth. Notice how we're all discussing this as though someone were guilty of something, btw........this is the danger that we seek to avoid.

[Mermaid]

My father was thrown in prison in 2001 (arrested in 2000, trial was June 2001) for molesting my cousin in the 1980s.  Barely made the SOL.  No DNA evidence (she was a child, and kept quiet for all those years because she knew we needed his paycheck to help with my medical bills... the realization of that hit me very hard, and messed me up for a few years).  What locked him away was consistent testimony.  She had told her boyfriends - one of whom testified under oath in the trial about it - and the dates of her relationship with him sealed it.

You see, my father was a terrible person.  Abusive.  Physically to my oldest brother and my mom for a bit, emotionally to everyone after the middle brother was born.  We were all pieces of shit to him.  Enemies.  He tried burning our house down with us in it when I was 2 or 3.  He was into sick shit, like kiddie porn and bestiality.  He used to trade stuff with the guys at work.  He used to rant and rave about every little thing.  Our home was a prison.  Weekends were punishments.  I was that rare kid who loved going to school because it was safe and generally positive.

So, when he was on the stand, he tried doing the old "God, country, family" BS routine because he was, technically, a Vietnam vet.  He had worked in theater on various airplanes, as far from the fighting as one could be while still considered in Asia.  And, naturally, he only had consensual sex with my cousin magically at the time when she was considered legal, and that it was her fault for tempting him, and he made a mistake, etc. etc.

Of course, none of that flew with the DA, jury, or even judge, who didn't take kindly to him attempting to defend his character by wrapping himself in the flag.  Especially after her ex-boyfriend testified and the math didn't work out.  And after the harrowing, disturbing detail she provided.  And, for us, knowing things (that weren't admissible as evidence due to the SOL) like her wetting her bed frequently when she was 8 years old and other things.

So, yeah, I'm all for the SOL being lifted completely for things like this because NH's SOL range allowed us to put a monster away for ~14 years or so, and helped right a wrong that should never have happened to begin with.

Fun fact: my brothers and I all legally changed our last names to our mother's maiden name (and she's obviously divorced from him) because fuck him, and fuck his family (who, like his cousin Bill, are abusers and rapists and assholes too).  His name will not be passed on by us.

And, in case you think I'm full of shit, here he is: http://business.nh.gov/NSOR/Display.aspx...derID=6140

Those 16 counts are for the last year he abused her.  Because of the SOL, we couldn't get him on all the others.  But, he abused her from the age of 8 to 16.  He got off lightly, IMO, but at least we got him.  And at least he will never truly be free again.

A difficult story to read, Kevin. I am terribly sorry.

[Seraphina]

My state's (California) governor just signed a law 2 weeks ago ending the statute of limitation on prosecuting rape cases. There's been a big uproar over this since Bill Cosby's rapes became public.
I agree that it's ridiculous that there is a SOL on crimes like this but let's not forget that it wasn't too long ago that rapists' victims were often blamed for being raped...what was she wearing...why was she out after dark...she's a slut anyway...
So, baby steps, I suppose. It's progress, though.

[Joods]

RE: what I wrote above -

Fuck Trump, and fuck those that defend him. Fuck those that are complicit in promoting and defending rape culture, like the fucking idiots who try to compare Trump's comments to 50 Shades of Grey implying that, deep down, women love this shit. Fuck those who insult men by saying "That's just how guys talk. Boys will be boys." No, fuck that, I've never talked like that - bragging about doing things to women without their consent and preying on married women. Fuck those that want to shy away from calling his own description of his own actions for what it is - sexual abuse. Fuck that fucking worm for calling his own daughter a hot piece of ass on national radio. Fuck him and everyone who thinks like him.

QFT.

This should be incorporated into a PSA to warn everyone who is still following that clown and kissing his ass.

[Drich]

Was reading the other week about the deposition made by a woman for a civil case who said she was raped at thirteen by our hero Donald Trump on the Huffington Post website, and it stated that the statute of limitations in rape cases in NY is five years. How the fuck is this possible, can anybody explain to me.

Over here, all indictable cases (which include rape) have no statute of limitations imposed. That means if the allegation is brought and the Gardaí and Director of Public Prosecutions feel the case is strong enough for trial the only way there's going to be no trial if a) the alleged perpetrator is dead, or b) the judge is satisfied that, after a lot of evidence is brought, usually including expert reports he commissions, the alleged perpetrator is incapable of defending themselves or of standing trial.

Seriously the situation is fucked up if there is a statute of limitiations on rape in the US.

Here's a thought...

IF it takes a woman or man waits 5 years to report a rape... it wasn't.

If someone drills you in the can and you seriously did not want to be drilled in the can, then why wait over 5 years to report it?

It is far more likely that alleged 'victim' seeks or see to further benefit from said can drilling by changing their consent status. After all how can one prove consent? Now how can one prove consent after such a long time? oh, that's right they don't say anything for more than 5 years.

So how does NY have a statute of limitations on rape? Because at one time the state law makers had a modicum of common sense.

[The Grand Nudger]

Using the above example (trump/teen rape accusations) and harkening back to arguments regarding DNA and SOLs:

Imagine that said girl did go to the cops - then-, and that dna evidence conclusively showed that Trump had intercourse with said girl.  Unfortunately, DNA doesn't speak to consent.  So we would still be bringing someone up on he-said she-said charges decades after the fact, when it's notoriously difficult to prove even the very next day.

[Joods]

Here's a thought...

IF it takes a woman or man waits 5 years to report a rape... it wasn't.

If someone drills you in the can and you seriously did not want to be drilled in the can, then why wait over 5 years to report it?

It is far more likely that alleged 'victim' seeks or see to further benefit from said can drilling by changing their consent status. After all how can one prove consent? Now how can one prove consent after such a long time? oh, that's right they don't say anything for more than 5 years.

So how does NY have a statute of limitations on rape? Because at one time the state law makers had a modicum of common sense.

You cannot possibly be serious.

There could be an unknown number of underlying reasons why someone doesn't report being raped for days, weeks, months or even YEARS. They include:

Threats from their rapist.
Blackmail.
Shame and guilt.
Being completely alone.
PTSD.
Feelings that no one will believe or understand them.
Depending on when the rape happened: No DNA evidence.

The list goes on and on.

Obviously, you have never been to a rape-crisis center or a DV center. Nor have you ever had to deal with such a thing. Surely, some common sense would tell you that just because someone doesn't report a rape doesn't mean that it never happened.

I was raped when I was 25 years old. I never reported it. Why? Because I was threatened. I knew my rapist. My rapist knew where I lived. He also knew that I had an infant with special needs and significant health problems at the time. He threatened my child as well. Was I terrified? Fuck yes I was. This asshole had a popular position within the community. I was a single mother raising a special needs child. No one saw it happen. His word against mine. He befriended me five months prior to the rape happening. Made friends with MY friends. He told me he would have more character witnesses on his side than I'd know what to do with.

So no. Fuck you. It's not always as cut and dry as YOU think it is. Your post above just goes to show the sheer amount of ignorance you seem to have over such things.

[The Grand Nudger]

There are many reasons.  We need to encourage women to report asap...to explain to them that none of those reasons will be worth it, and that they need to get the ball rolling as soon as possible, when an even remotely plausible case can be built.  Our system does have it's limits. One of them, and it's not even an issue of sols, is trying to assign guilt decades later. As you seemed to think then, it would have been difficult to get a conviction the day after. It probably hasn't gotten any easier since that day.

Report, report, report.

[Joods]

I should have reported. Given who he knew, who I knew and the threats, that pretty much stopped me from saying anything.

[Faith No More]

Here's a thought...

IF it takes a woman or man waits 5 years to report a rape... it wasn't.

Here's a thought...

You have no fucking clue about the psychological effects of abuse.

But hey, keep talking. There might be a few people here that have yet to be convinced you're an uncaring monster.