RE: How the fuck is there a statute of limitations for rape in New York?
October 11, 2016 at 1:19 pm
(This post was last modified: October 11, 2016 at 1:27 pm by The Grand Nudger.)
(October 11, 2016 at 1:10 pm)Nymphadora Wrote: I should have reported. Given who he knew, who I knew and the threats, that pretty much stopped me from saying anything.
If you had, even 20 years after the fact, it -could- still go to trial. He could either apply for dismissal on the basis of the sol (which may not be applicable in his case, it doesn't mean what many people think it does, and would be reviewed by a judge), or..he could choose to defend himself and in doing so, waive any -potential- protection that an sol offers.
Opting for the sol waiver is often seen as a tacit admission of guilt in civil court. You can be found innocent, or not be prosecuted at all, and still end up getting hammered.
It's never too late. That's not to say that a judge couldn't take a look at the case and decide that it would have been difficult to prosecute the next day, for example, and grant that protection. But maybe you'd get lucky, and the guys a complete douchnozzle who can't help but want to "clear his name"...still.....chances of a conviction are notably low.
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