Question about sexual assault.

[speedy80z]

I am going to leave this general for the purpose of protecting identities.

So basically, view this as hypothetical.

I know someone who is a senior in high school, and was a sophomore when she was involved in 'drama tech.'

Her involvement there was building sets for plays.

One night, she was working late, later than they were supposed to, but there was a teacher present.

However, the teacher was outside of the 'set shop' where this girl was working.

Because there are power tools and what not in that set shop, the walls are all sound-proofed.

She was raped by a classmate (a wrestler) inside that set shop, and no one could hear her scream, because of the sound proofing. And, the school had just been constructed, so, the security cameras were not up yet, even though they are now.

I basically heard this story, and have been so bothered (and losing sleep) that a rape could happen in a public high school like that, under the nose of a teacher. Aren't schools supposed to be safe? Isn't that one of the places where a teen is supposed to feel safe? She was involved in extra-curricular activities, she didn't ask for that to happen.

I've discussed it with her, because we're close, and she's told me that that is one of her deepest, darkest secrets because she didnt want the whole school to know, and didnt want to be 'that girl who cried rape' if she lost her case.

Now, I may not know everything about it, because its that difficult for her to talk about. But based upon what I've provided...

Two years have passed since the event. Is there any legal action that can be taken now? ANYTHING? I'm under the impression that it would require a confession by the perp.

Thank you.

What is the name of your state (only U.S. law)? undisclosed, albeit inside u.s.

[IsabellaSoriano]

your friend, needs to be directed to the school counselor. first thing tomorrow. before the bell rings. walk her there. sit her down. and let her talk.

[dave33]

2years is a long time. If this in fact did happen amd she wants to take action, the longer she waits the more difficult it becomes. Of course I can't be sure but I am sure that many things have happened in school and at parties that may make people suspicious of her story. Things like that are4 a terrible burden to bear and she should have help coping. Theses exact types of things alter the course of young women's lives. As A friend the best thing you can do is support her in this terrible time in her life.I sincerely hope she can find some sort of meaningful resolution. I am nieve to these things, but I would think the emotional turmoil now maybe just as difficult to deal with as the event itself. Sexual predators should never see the light of day if they're lucky. I know it's easy to say, but try and explain that terrible things happen everyday and it's how you handle it that determines who you are and how you live the left of your life.goodluck.

[CdwJava]

The state where this occurred could be important - as might be the ages of the participants.

Laws for sexual assaults vary by state, and these are further broken down by age, the type of the act, the age difference between the parties, relationships between the parties, etc.

At such a generic level, all that can be said is that she need to report this to the police ASAP. If she speaks to the counselor, the counselor will almost certainly have to call the police, so she should be ready to open up. And she SHOULD open up. If she was truly and forcibly raped then it needs to be reported. And, if she is haunted by this, she also needs to seek some professional help to work through this.

- Carl

[speedy80z]

What can the law do for her now?

Strictly from a legal perspective, what can be done?

-or- alternatively

What good would it do to report it now?

I agree she ought to open up to a counselor about it, in fact I've suggested that to her, and I sure hope she will one day.

What I'd ultimately like to know is, "Is there a way for the guy who did it to go to jail?"

Thank you.

[HighwayMan]

Of course a conviction can be obtained.

But the chances now are much less than if the crime had been reported immediately. There is no longer any evidence of the crime. It's the victim's word only.

A good defense attorney can make the chances of conviction very remote in a case like this. Nevertheless, I think it must be pursued - it should be pursued.

[CdwJava]

She should report it. Since no detail was provided, I cannot offer any opinion as to how likely a prosecution might be, much less a conviction. But, if she does not report it then NOTHING will get done and if this is a predatory situation, this guy will be free to continue.

Even if he does not get hit THIS time, it is possible that a report today will be vital later on. I have had a number of cases made based upon priors. Patterns of behavior can be wonderful investigative and prosecutorial tools.

[speedy80z]

Thanks to all who replied,

It's looking like all that can be done is to report it, and that's exactly what she doesn't want to do now, given her current situation.

It's the fact that nothing can really be done that she's hesitant to bring it up now, for she thought nothing could be done then.

So it's going to be difficult to get her to talk about it.

Might have to wait until she graduates from that school to even get her to consider it.

It's just so sad to me that "peer" pressures can suppress the report of a rape on school property like that.

If I ever have a daughter, I'm NOT going to forget about what happened there.

The whole situation just, absolutely, makes me sick.

[IsabellaSoriano]

Originally Posted by speedy80z

Thanks to all who replied,

It's looking like all that can be done is to report it, and that's exactly what she doesn't want to do now, given her current situation.

It's the fact that nothing can really be done that she's hesitant to bring it up now, for she thought nothing could be done then.

So it's going to be difficult to get her to talk about it.

Might have to wait until she graduates from that school to even get her to consider it.

It's just so sad to me that "peer" pressures can suppress the report of a rape on school property like that.

If I ever have a daughter, I'm NOT going to forget about what happened there.

The whole situation just, absolutely, makes me sick.

OP, please. i beg of you. talk to the school counselor. don't detail. just let them know a rape occured and give her name. even if nothing is done criminally, your friend needs to be taken care of emotionally. this is not something to sweep under the rug. this is not something you just get over. it doesn't go away. her parents NEED to know.

[xylene]

Originally Posted by IsabellaSoriano

her parents NEED to know.

You can NOT make that blanket statement.

In an ideal world, that would be the truth.

Outing the situation to her parents could result in consequences as serious as death.