Legal Question in Military Law in Georgia

Rape investigation

When there is an alleged rape on a military installation, and the only description the victim can give is race, can every male in that race be detained for questioning?


Asked on 11/07/06, 9:11 am

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Rape investigation

No. Nor can all members of that race submit to a DNA screen, etc. Even in the military, probable cause must still exist. Given the exceptionally large number of persons who are racially identifiable, it would be nearly impossible to bring in all the potential subjects.

Usually, however, a victim can identify more than race. Hair color, eye color, height, weight, education, voice, clothing -- all of these are distinguihsable. If the attacker was an asian male, you can't simply go round up all the asian males and question them. However, if your attacker was an asian male who is 6 ft, 210 pounds, and who has a scar on his neck, then it might be possible to identify all the people with that kind of phsiogonmy.

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Answered on 11/07/06, 10:07 am


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