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Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 36992
Experience:  16 years practicing criminal defense.
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The lady that said raped her waited 5 moths to file with the

Customer Question

the lady that said raped her waited 5 moths to file with the police. It been a over year now the police just talk to me about the case. the only thing told the officer was i had with her and i did not rape her which true. that dont remember much since its over a year. he finish his report next week and send it to the DA to see if they pick the charges what are chaces the DA picking up the case.
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Barrister replied 11 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Expert:  Barrister replied 11 months ago.

There is no way to predict whether the DA will file a formal criminal charge based on the information you have provided. There is no way to know what the female said, whether she has any proof of what she says, whether she has a history of doing this, whether she has any mental illness, etc.

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So there is just no way to know. However, the fact that she reported this, 5 months after it allegedly happened, and the fact that the police have waited a year, isn't very encouraging for the DA because all physical evidence is gone and it basically boils down to a he said/she said type of thing unless there is some other kind of evidence that would convince the DA that he could successfully prosecute the case...

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So if they haven't taken any action in over a year, if I were a betting man, I would bet that they will just close the case as inconclusive.

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thanks

Barrister

Customer: replied 11 months ago.
she told my that other men in missouri had rape her has well and she has mental illness has well.
Expert:  Barrister replied 11 months ago.

Ok, that reinforces my thoughts that nothing will come of this... The DA and police have to investigate any complaint, but are likely of the opinion that the person isn't a very credible complainant..

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thanks

Barrister