Legal Question in Criminal Law in California

Rape Case

recently a friend of mine was raped... now the rapists is claiming that it was consensual... now mind you the rapist is 6'2 200lbs of solid muscle, the victim is 5' 90lbs... the doctor took notice of the ripped muscles of the victim... there is a possible chance that this isn't the first time, yet the rapist hasn't ever been prosecuted for the previous crimes... so far the d.a. says sense the rapist is pleading innocent and saying it was consensual there is nothing to be done... which i think is a bunch of bull... it's just saying that it's ok to rape... anyways all i need to know is what kind of case can resolve from this, and the chances of this case being taken to it's fullest extent...


Asked on 1/29/03, 4:02 am

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Rape Case

In my experience the da would vigorously prosecute the rape case you describe. There must be some factor that you are not being made aware for the da to take the attitude that there is no case.

The victim could hire an attorney to contact the da about the case. A civil complaint for battery could be filed against perpetrator. If he has money or assets the victim may collect some monetary award.

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Answered on 1/29/03, 4:33 am
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Rape Case

Thank you for your posting.

Unless the case is dismissed, it means that the district attorney is still prosecuting, and I can't believe that they would do otherwise and not believe the victim.

The chances depend on the defendant. Only he can plead guilty, and if he doesn't decide to do so, then the prosecution must prove the case to a jury and have him found guilty, and then sentence him.

As Mr. Johnson mentioned, you can also sue civilly for a number of different civil wrongs, including false imprisonment, intentional infliction of emotional distress, and sexual battery.

I hope that this information helps, but if you have other questions you need answered, or have other questions, or feel that you need legal representation, please feel free to contact me directly at [email protected]. I�m happy to help in any way that I can, and I wish you best of luck.

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Answered on 1/29/03, 3:20 pm


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