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Steinlaw, Lawyer
Category: Criminal Law
Satisfied Customers: 1811
Experience:  I have represented individuals accused of crimes.
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Hi I reeally need some help on 2 specific questions!!! A) What

Customer Question

Hi I reeally need some help on 2 specific questions!!! A) What are the statute of limitations in IN. regarding cases of battery? and B) What is the usual procedure in collecting a rape kit after it is done at the emergency room? Thanks sooo much, I've been struggling with getting my case prosecuted and the burden of proof was met long ago. Your guidance would help me greatly! ~Ashley
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Steinlaw replied 7 years ago.
What type of battery is it? Misdemeanor? Felony?
Customer: replied 7 years ago.

well, i was blacked out (they think he dosed my drink) and the guy urinated all over my face hair, and neck.

If ya want my honest opinion, if its illegal to urinate in public or on statues (maybe not felony battery), but urinating on someones face where it can get in their mouth, nose, eyes, and ears, should be. It could cause bodily harm if he had some kind of disease, or I got sick or even choked on it! (I was completely blacked out!) But then again I am slightly knowledgeable about the criminal justice system so what is your professional opinion on the case, well at least that small part of it?

The detective on the case has since been let go, and there is some question of whether someone influenced his decisions. So it was a bad experience all around.

Expert:  Steinlaw replied 7 years ago.
Thank you for your question and I look forward to assisting you. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you have put all of the information in your question. Also, due to site reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. Also, there may be future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. That being said...

So this is a new one. I am not sure how the guy would have been charged. It is a battery, but it could be a misdemeanor or a felony or a felony battery causing great bodily injury or............ There are a ton of ways this could be charged.

The statute of limitations is 2 years for a misdemeanor and 5 for a felony battery. It could be extended, but I don't think any of those apply to your case.

Good luck.

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Customer: replied 7 years ago.

well the other question has to do with the rape kit collected at the hospital when i reported it. There were 2 sheriffs in the room and towards the end of the exam the lead det. showed up. about a week later much to my surprise, the detective told me that the rape kit was sent to the wrong place. However, as I understand it, the rape kit is stored in the hospital freezer and tested there, and then picked up by one of the officials on the case and taken to the state lab for further testing to meet the requirements to be used in charging the defendent. So how could it be SENT to the wrong place when it was their job to collect it and to stay within the legal seizure of evidence. Shouldnt one of those 2 officers or the detective have picked it up and transported it to the correct place? I was also told by the detective that it was " 99% " my fault. so there were some very questionable things with this case but i greatly appreciate your help!

Expert:  Steinlaw replied 7 years ago.
The rape kit would be processed originally at the hospital. After that, it would be taken to the state lab for further testing or to the evidence storage unit at the police. It should be taken personally, but someone may have picked it up and brought it to the wrong place. If it were me, I would call Internal Affairs and file a complaint.

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