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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27726
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I am a student from china. this Thursday i was rape by a Chinese

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I am a student from china. this Thursday i was rape by a Chinese student. he pretended to want to rent my apartment and he said he want to have a look. after he went in my apt he suddenly controlled me and tried to use the handcraft to me. I tried to say something but he used the towel to my mouth. he turned off my cellphone and raped me. Also he forced me to take some naked photos and threatened me that he had a knife. after that he walked me to school and run away. then i called the police. But he still kept in touch with me because he thought i performed well and he wanted to meet again. Then I lured him out and helped the police catches him. My concerns are
1. whether he will be punished by American Government or just simply sent back to China?
2. What kinds of compensation included in my case and how amount is appropriate?
3. Do i need a lower to help me to sue him?
4. we are from same university, does my university needs to compensate me?

Thank you very much!
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 5 years ago.
Hello Jacustomer,

As the police caught this student, he will be charged with forcible rape, among other things. This is a very serious charge. He will be prosecuted and, if convicted, will be deportable when USCIS learns of it. However, he will be required to serve his sentence here before he can be removed. If he threatened the use of a knife this sounds like it would be Sexual Abuse in the second degree in Iowa. That's a Class B felony. Below is the relevant section of the law. The charge has a maximum prison possibility of 25 years.

A person commits sexual abuse in the second degree when the person commits sexual abuse under any of the following circumstances:
1. During the commission of sexual abuse the person displays in a threatening manner a dangerous weapon, or uses or threatens to use force creating a substantial risk of death or serious injury to any person.
As the complainant on a criminal matter, you will be needed to cooperate with the prosecutor. Once the defendant has been before a judge, you can contact the prosecutor's office, give them the name of the defendant and tell them that you are the complainant on the case and would like to speak to the prosecutor who is assigned to that case. The prosecutor doesn't have to tell you everything that he does, but since he is representing your interest on this matter, you can always express how you feel about what happened to you and what sort of an outcome you would most like to see. Prosecutors do not take orders from a complainant, but they do give their wishes careful consideration.

Criminal cases are brought to punish a wrongdoer for an unlawful act that he committed. If you want monetary compensation then you would have to hire a civil lawyer and bring charges against your assailant in civil court. You can do both. That is, you can have him punished if convicted in criminal court and still sue him in civil court for your damages. The same civil lawyer can go over the entire incident with you and determine if the University bears any liability for what happened. If so they could be sued together.

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