Yes, it is legal for the police to file warrant immediately based on a complaint
from a victim. This is fairly common police procedure. Also, contrary to popular belief, they do not have to advise you of your rights unless they are going to question you directly about the alleged crime.
They should not have refused to accept the report of a rape, but I am sure they will be suspicious of a rape that was not reported for over a week and not reported immediately. Additionally, evidence of the alleged rape has now been destroyed which makes your case much more difficult to make. While the charge may have been dismissed without prejudice, that does mean that the victim can file the charges again, but many times the prosecutor will not accept them for prosecution again At this point, if a rape occurred you need to consider getting your own attorney to battle with this person and their attorney for damages for the alleged rape.
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