To all police officers?

Question

i just wanted to know what are my right of opening an old case..about 9 years ago i was raped and i reported it to the police and they arrested the man who done it ,but i was to stressed to take it all the way and closed the case ..can i reopen the case again ..the police still have the evidence

Answer 1

Check your individual state SOL as Missouri there isnt a limit on rape. But what was the final disposition of the case? Dismissed? with or without prejudice? They try it and find him not guilty?

Look in to that as well as that may tell you what you can do about it. But you may already know these things.

Good luck in what ever you do!!

Answer 2

unfortunately the previous post is correct. the statue of limitations for sexual assault is seven years. however you can always explore a civil suit against the suspect. these crimes can be extremely destructive to victims; mentally, emotionally, and physically.

Speak with an attorney and explore your options for a lawsuit.

Answer 3

Besides statutes of limitations, there is another issue - was he ver prosecuted for this in court?  This raises both "speedy trial" and "double jeopardy" issues.  

People charged with a crime that gets docketed are entitled to not have a criminal case hanging over their head indefinitely, rather they must be tried w/i a reasonable amount of time.  It's sort of like a statutes of limitation only it starts ticking once a claim has been made by filing an accusatory instrument.  Think of it as a deadline that picks up where statutes of limitation leave off.  Your right to a speedy trial is guaranteed by the US constitution, but many states have their own statutes that codify this as well (In NY, it's Criminal Procedural Law Sec. 30.30).  Violation is grounds for dismissal w/prejudice.

There is also the "Double Jeopardy" issue which keeps somebody from being tried more than once - though this is not likely an issue because it's not triggered (attachment of jeopardy) until trial (I think swearing the jury).

In short - it doesn't matter what evidence you've got, criminal cases aren't stopped and re-started like that.

Answer 4

THE PREVIOUS POSTS ARE NOT ENTIRELY ACCURATE. You will have to check the statute of limitations in your jurisdiction. You can do that at this website http://www.ndaa.org/pdf/sexual_assault_s... Alabama, Maine, Mississippi, Missouri, New Jersey, North Caroilna, Rhode Island, South Carolina, Vermont, Virginia, and Wyoming, for instance have no statute of limitations on rape. This means that in those states, a rapist can be prosecuted even 30, 40 or 50 years after the crime. Some states have as little as 3 years while others, like Georgia give you as much as 15 years.

Because an arrest occured, the crime is considered to be "cleared." As far as pressing charges, especially under these circumstances, this goes beyond the police and will fall into the hands of the jurisdiction's prosecuting attorney's office. You can ask them for the case to be reopened and the prosecutor will either say no, or will take the time to review the facts of the case. Then he/she will have to make the decision if there is enough evidence to reopen the case or if the case is important enough to begin litigation. By importance, I mean he/she will determine the priority. If you live in a high-population area, your chances dwindle as higher-priority cases will most likely flood the system. Every case is equally important, however prosecutors will give the greatest consideration to cases that have better liklihood of ending favorably, rather than spending time on cases that in their jurisdiction, tend to not make it through the grand jury or to trial. The amount of evidence also influences this greatly.

Answer 5

Check your statute of limitations. If it is still within the time frame, it can be reopened. If it is outside the time frame the only thing your case is good for is if there are other victims. It will show a pattern of behavior.  

Answer 6

No, charges have to be filed and case presented within the statute of limitations.  Unfortunately, 9 years is way too long.  The best policy in any crime, is do all legal requirements as soon as possible after the case, so that you don't lose those rights.