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My girlfriend was involved in an abusive relationship in her…

My girlfriend was involved in...
My girlfriend was involved in an abusive relationship in her past. It started off relatively normal, but after a month became abusive, with the guy hitting her, etc. However, the situation deteriorated when sexual encounters began. Consent was given for the first time, as the guy proclaimed that he “would not take no as an answer.” After, the girl had little say during sex. When the guy wanted it, he essentially forced it. The girl was at times tied at her hands to prevent resistance, and was forced to engage in sex. She was afraid to say no directly, as she would have been hit, but never provided explicit consent, and in fact struggled throughout many encounters. At one point a recording was taken by the guy where he again had sex with the girl, but this was reported to the campus police, and was supposedly deleted. Another time the girl woke up to the guy attempting to have sex with her unconscious body. Such incidents and encounters went on for roughly four months, until the girl said no in the middle of a sexual encounter, which was ignored. Can legal action be taken against the guy, as he had sex with the girl without explicit consent and under threat of injury (and at times with injury)?
*Guy and girl are used to provide anonymity.
** The girl (my girlfriend) has read and provided consent for me to send this.
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Answered in 2 minutes by:
4/23/2018
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
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Customer reply replied 3 months ago
Hello!

Good afternoon. I am sorry to hear about this. Yes, she can certainly still go to the police and file a report and allow them to investigate. This only happened four months ago, so she can go to them and explain what happened and described the situation and how she was in fear and what he did. They can arrest and he can be prosecuted for this. The fact that this was her boyfriend or they were dating, does not allow him to do this and force sex on her and do what you shared above, so he can be arrested and prosecuted.

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Customer reply replied 3 months ago
I believe I poorly clarified this, but the situation happened four years ago, it went on for four months then. She has been afraid to take legal action, but is now considering it. Is it too late now?

No, it is not and she can still go to the police. In a situation like this, her evidence is her testimony, so she will need to disclose what happened to the police and they can decide if they want to act on this.

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Customer reply replied 3 months ago
Okay, thank you. I will let her know. Have a good day.

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

LegalKnowledge
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Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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