Rape or Sexual Assault

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

Rape or Sexual Assault

I was raped three years ago by someone I knew. I have no DNA evidence. All I have is my own story. I doubt that there is anything I can do about this, but I have suffered three years from it. So I need to ask for my sanity, is there anything I can do now? I live in Oregon

Asked on April 17, 2009 under Personal Injury, Oregon

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

The issue is what is it you want to do?

You could go to the police and see if  despite the passage of 3 years they would be interested in investigating, assuming the criminal statute of limitations has not run. Historically rape has been a very easy charge to make and a very hard to prove as consent -- actual or implied -- eliminates the crime. The longer the period between the act and the charge the less likely it is that the police would find the matter sufficiently worth investigating or a jury would be able to be convinced beyond a reasonable doubt which is needed to convict.

A delay of 3 years in bringing charges is normally far too long to make the story credible. Of course if the alleged rapist is someone the police have been watching, or someone who has raped others, your story may be very believable and part of a pattern by the social-deviant rapist.

If you want to sue the rapist civilly, the first questions any lawyer would ask are

  1. Does he have any significant assets that you could hope to collect if you win? If not, no lawyer would take this case on a contingency basis and suing him could cost you a bundle to pay lawyers by the hour as the rapist would defend.
  2. Has the statute of limitations for the civil tort run? I am not an Oregon lawyer but most states have rather short statutes of limitation for intentional torts
  3. Were you a minor at the time of the act? In some cases the statute of limitations is tolled (postponed) until you reach 18.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption