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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26826
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My bf, well ex now is in jail for raping me, how long do they

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My bf, well ex now is in jail for raping me, how long do they usually stay lockd up ? theres no trial yet this jus happened last sun. do they let u know if they get out how does this work?

Rape is a violent charge and so there is probably going to be bail set on him, if that hasn't happened already. He will remain in jail until he posts bond if he can, or until his case is finally finished and his sentence is served (if he loses the case) unless there's some technicality that may provide for his unexpected release.

If this was a rape in the first degree, he faces a minimum of 15 years of prison and a maximum of 35 years if convicted of this act. If it's a rape in the second degree, it's got a minimum of 10 years and a maximum of 25. So depending upon the facts and circumstances of this case he could conceivably be away for a very long time.

The prosecutor's office should notify you if he's going to be released and you will -- maybe already do -- have a protective order to keep him away from you. But you should establish a relationship with the prosecutor in charge of the case so that he knows just how you feel about the case, and if you are concerned for your safety you should tell the prosecutor to make sure you are notified if he gets out of jail, just to leave nothing to chance.
Customer: replied 3 years ago.

ok i see, thank u, can i ask what is the difference bet first degree and second? he was mad i was talkin to another guy and it happend that night

Hi Lauren,

You can see the various forms of rape and their penalties here. (See link) but basically a rape in the first degree occurs when he uses force and causes serious injuries to you or when he uses a deadly weapon in the commission of the rape.

A rape in the second degree occurs when the rape occurs against the ccmplainant's will or by forcible compulsion (physical force, threats, intimidation, etc).

He'll have a lawyer and his lawyer will help him decide whether to fight this case, all the way to trial if necessary or whether to negotiate a plea offer of some kind. You should be making your feelings known to the prosecutor because he is prosecuting on your behalf. And though he does not have to do what you want, he will take your wishes into consideration, since you are the complaining witness and he needs you if these charges are going to stick.
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