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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 36914
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Please no offense, but can I talk with an attorney whob is

Customer Question

Please no offense, but can I talk with an attorney whob is more familiar with this instead of corporate/business issues?
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question and thank you for requesting me to assist you.

I am very sorry but I do not see your initial concern. What is your question about? If it is beyond my expertise or scope of knowledge, I will be happy to try to find you a more fitting specialist. Please advise. And no offense taken, this concern, whatever it is, is most important to you--you deserve the best answer possible.
Customer: replied 1 year ago.

I was raped in 1985, i was 14 years old and hewas 18 years old? Can I have him prosecuted now?

Expert:  Dimitry K., Esq. replied 1 year ago.
Lisa,

I truly am sorry for your situation. In what state did this assault take place? Some states (most states, really) have a statute of limtiations on pursuing criminal charges, but some states have no statutory limitations on rapes and sexual assaults. Please advise so I can research the state law and provide you with an answer--that is something that I can most definitely assist you with personally. Please advise.
Customer: replied 1 year ago.

South Carolina

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up, Lisa.

South Carolina happens to be a state where there is no statute of limitations for rape and sexual assault. That means that even almost 30 years later, you can potentially pursue criminal charges. There is no guarantee that the police department or the DA's office will choose to pursue these claims for you, but they absolutely can do so since that state has no limitations on when this type of action can be brought forth. This is most fortunate for you as South Carolina happens to be in a minority of states in this situation.

I hope that helps and I hope I was able to provide you with some piece of mind. Please take care. Here is a link to the codes and citations that you can review for yourself:

http://rainn.org/public-policy/legal-resources/southcarolina/statutes-of-limitations

Good luck.

Customer: replied 1 year ago.

What type of evidence would I have to have and would it effect the situation that I had an affair with him last year? It was merely for revenge after we spoke and he laughed about the night he took my virginity.

Expert:  Dimitry K., Esq. replied 1 year ago.

Lisa,

The fact that you engaged in voluntary sexual congress with him later can very well undermine your own credibility and make the police believe that your potential filing against him is revenge motivated and not motivated by the truth. I apologize for being honest but while most courts cannot use your sexual history against you in court, his subsequent intimacy and familiarly with you can be shown that it is far less likely that there was an assault if you later chose to voluntarily engage in such congress with him.

As for evidence, anything directly corroborating your facts would be useful. A letter from him apologizing or discussing that event would be great, or other direct written testimony where the other person takes responsibility for their actions. After close to 30 years it is unlikely any physical evidence may remain but please attempt to look at it from the eyes of the court and the potential jury--whatever they can see that helps them believe you and allow a conviction beyond a reasonable doubt is what is at stake. Generally a simple accusation after almost 30 years without any evidence is not likely to be believed or be enough to get the other party charged, let alone convicted.

Good luck.

Customer: replied 1 year ago.

His cousin, who was with him that night, called me the next morning to see how I was. It happened inbhis car and he saw all the blood in the car.

Expert:  Dimitry K., Esq. replied 1 year ago.

Lisa,

If the cousin is willing to testify and is aware of what took place, then that would be an excellent witness. It would immeasurably strengthen your potential case.

Good luck and please be well. My apologies but it is a bit late here, I will be retiring to get some rest. If you have additional concerns, I will respond to them after I log back online. Otherwise, if satisfied, please do not forget to positively rate my answers to you so that I may obtain credit for my work. Thank you.

Customer: replied 1 year ago.

Thank you very much. If he is sworn he would have to tell the truth. I also had 2 friends with me. Who should I go to? Police, DA or Solicitor.?

Expert:  Dimitry K., Esq. replied 1 year ago.
You are most welcome, glad to help.

It would be wise to start with an attorney and then contact the D.A. directly--I doubt the police will handle a twenty eight year old claim.

Please be well and good luck.


Sincerely,


Dimitry, Esq.
Customer: replied 1 year ago.

Thank you so much!

Expert:  Dimitry K., Esq. replied 1 year ago.
You are most welcome! Please do not forget to positively rate do I can obtain credit for helping you this morning!

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