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Can a rape suspect be charged after 4 years, and victim can prove with poly and any other necessary things?

So there is this girl I know of and she was raped about 4 years ago by a boy 1 year older than her, she can go through a polygraph, or whatever it may be for her to tell the truth and prove that she isn't lying, so is there really anyway of putting this rapist in jail and prison, would he have to be caught in the act now or what. any advice will help thanks!

Update:

he had a girlfriend, and so he knew this girl because the grlfriend was the victims best friend, and the girlfriend i guess accused the victim of cheating, but could it be possible if she could be a witness if she was willing to or got a sopoena by the court to testify???

Update 2:

accident happened when she was 14 and he was 15, during freshman year, in Hawaii victim is in Colorado and rapist is in Alabama. The rapist told victim he would walk her home, he then wanted to show her a shortcut she agrees and he forcefully holds her hands and rapes. she starts yelling as loud as she can and he does not ejaculate and runs off. Victim then tells everyone at school that she consented and it was not rape at all, even though it was and thats one of the things victims tend to do, blame it on themselves and are ashamed of telling the truth. The rapist's girlfriend then says victim cheated. But if the girlfriend is brought to court after victim has proved it did happen, then there is a witness right? I am the only one that knows and I really want to do something about it, because there is nothing worse than no justice when it was needed and they deserve it, especially at that age. anymore advice will really help and sorry about the insuffiecent information!

7 Answers

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  • Anonymous
    1 decade ago
    Favorite Answer

    The usual statute of limitations for rape is 7 years but it varies by jurisdiction.

    The polygraph will not be accepted as evidence in a criminal trial, there will need to be some other evidence linking this man to the crime.

  • Anonymous
    1 decade ago

    The answer to it is YES the victim can still charged the suspect of rape after 4 years since the time allocated by law for the crime is 5 years it varys from one place to another. So the law gives the victim ample time to file the case within these perimeters.

    No need the poly test the medical examination is sufficient enough to prove to the court that the girl was indeed rape what is the use of the poly for the girl? Maybe for the suspect be these isn't the idea for rape cases, evidence and witnesses is enough to put the guy in jail. Why? You are the guy in these situation? Just asking.

  • 1 decade ago

    You didn't say where you are from. Laws are different from state to state and from country to country.

    In Australia there is no limit of time for a criminal offence (rape, murder...and all of the other "criminal" offences etc...). So it could still go to court. You didn't say how old the girl was? If she is under 16 whether she consented or not it will still be rape.

    Polygraph may not necessarily be admitted into the court as evidence (once again depending on which country you live in).

    Rape cases are horrible and the rapist often gets let off because it's usually their word against the victims and the jury will have to decide beyond a reasonable doubt that he is guilty for him to actually be considered guilty.

    She should report it. The sooner the better.

    Source(s): I'm a University Law Student
  • Anonymous
    1 decade ago

    A polygraph may indicate that she is being truthful about the event, however, the results of a polygraph are inadmissible as evidence.

    Unless there is strong physical evidence to support her story then there is a chance the suspect could walk. Typically, the staute of limitations is 7 years, but that may vary depending on the jurisdiction.

    Another issue to consider is whether or not the District Attorney would actually pursue the case after so long for any number of reasons. Your friend should speak with an attorney.

    Source(s): legal background
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  • Anonymous
    1 decade ago

    While passing a polygraph test may give the cops enough ammo to start an investigation, it's results are not allowed in court. Since this happened so long ago, it'd be impossible for there to be any forensic evidence, so short of witnesses, their case would rely almost exclusively on pressing this guy and getting a confession. This is why rapes should be reported immediately.

  • 1 decade ago

    It is very hard to convict anyway, let alone four years on, but it is worth a try. I hope she is successful

    This polygraph thing makes me sick, only 2% of women lie and that is of all those that have reported so why do they always suspect the woman of lieing.

  • 1 decade ago

    the answer is yes - the suspect can be charged and prosecuted BUT

    The local police and DA will look at the evidence to support a possible prosecution before charging someone (they will be unlikely to charge someone unless they think they might be able to successfully prosecute)

    After 4 years I am not sure unless there would be sufficient physical evidence and reliable witnesses

    That said if there was a rape she should go to the police and report it

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