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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27705
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Is is necessary for a victim to visit an ER for a rape kit

Resolved Question:

Is is necessary for a victim to visit an ER for a rape kit in order to get her case prosecuted?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 6 years ago.

No, it's not necessary. Many rape victims, for one reason or another, are not able to bring themselves to report the offense or go get a rape kit taken. That is why the statute of limitations on a forcible rape is as long as it is in many states.

To be fair, however, it is easier for a prosecutor to prove his case if the rape kit was taken, because it's one less thing he has to convince the jury of -- it establishes conclusively that the parties did have sex. It's not in and of itself a proof of anything more than that though.
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