RE: How the fuck is there a statute of limitations for rape in New York?
October 14, 2016 at 2:41 pm
(October 14, 2016 at 2:37 pm)Drich Wrote:(October 14, 2016 at 12:58 pm)Catholic_Lady Wrote: I think there may still be ways. For example, if the girl goes to the hospital after the rape and it is documented that she has tears in her genitals and scars/bruises and that she is in an emotional state of extreme distress or shock. Or if there are witnesses who come forward, and/or video evidence (sickeningly enough, rape of unconsciously drunk girls in college and high school parties do get recorded sometimes).
IF there is enough evidence (and that's a big if), I don't think there should be a time limit to seek justice for it. And I can definitely see how there could still be evidence years later.
Here's the difference... Everything you mention in the way of evidence could be considered to be just evidence of sexual intercourse.
Remember the time and culture you live in. genital tears is not my idea of a good time but some would argue against that. the only difference between sex with genital tearing and busing and rape with the same result is consent.
All any of the physical evidence will allow for is to establish sex or penetration occurred.
Rape and sex share ALL the same Physical Evidence. The only thing that separate the two is consent and that may change over time.
There is no evidence for consent. which is why a time limit has been set.
That is the whole of the argument.
A lot of crimes get brought to justice on circumstantial evidence. If a woman is taken to a hospital with genital tears, bruises, cuts, and is in emotional shock, and if all of this is documented in medical records, it may very well lead a jury to conclude beyond a reasonable doubt that a rape happened. Even if years later.
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