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Old Serious Accusation - Can I be arrested or threatened based on it?

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JDAS12

Junior Member
What is the name of your state (only U.S. law)? New Hampshire
In June 1983, my ex girlfriend accused me of rape & attempting to murder her, she said sometime in 1980 or 1981. She did not give the police any specific dates, and had no evidence. She just filed a complaint. Can I still be arrested? I graduated college in New Hampshire in June '83. Her DOB 1962. I have seen her twice since then, but at a distance. I pretty sure I'm now living only a town or two away, and don't want to meet her ever again.

We lived together from 9/80 to 5/81. We dated in summer 81, & traveled Europe in fall 81. We broke up from Jan 82 until Jan 83. In Jan 83 we were both on campus again. We secretly met on weekends from Jan 83 to June 83 - she had new steady boyfriend. The day after graduation we spent 6 hrs in her room, drinking & fooling around. I broke up with her, said lets be friends. The next day we met at the river with other people. Very casual, very friendly, everyone having fun. She pushed me in, and I pushed her in. She made the complaints later that day to police. The police asked me to go their office and questioned me. After 30 minutes they told me I should forget it and never come back or talk to her again.

Are there any limitations on her complaint?
 


Just Blue

Senior Member
What is the name of your state (only U.S. law)? New Hampshire
In June 1983, my ex girlfriend accused me of rape & attempting to murder her, she said sometime in 1980 or 1981. She did not give the police any specific dates, and had no evidence. She just filed a complaint. Can I still be arrested? I graduated college in New Hampshire in June '83. Her DOB 1962. I have seen her twice since then, but at a distance. I pretty sure I'm now living only a town or two away, and don't want to meet her ever again.

We lived together from 9/80 to 5/81. We dated in summer 81, & traveled Europe in fall 81. We broke up from Jan 82 until Jan 83. In Jan 83 we were both on campus again. We secretly met on weekends from Jan 83 to June 83 - she had new steady boyfriend. The day after graduation we spent 6 hrs in her room, drinking & fooling around. I broke up with her, said lets be friends. The next day we met at the river with other people. Very casual, very friendly, everyone having fun. She pushed me in, and I pushed her in. She made the complaints later that day to police. The police asked me to go their office and questioned me. After 30 minutes they told me I should forget it and never come back or talk to her again.

Are there any limitations on her complaint?

You stated that she "just filed a complaint". Please define. Thank You.
 

justalayman

Senior Member
that is a very odd question given the fact you had already spoken to the police in 1983. What caused you to ask this question now, 29 years after she filed the complaint?
 

justalayman

Senior Member
You stated that she "just filed a complaint". Please define. Thank You.
I believe OP was referring to the complaint made in 1983 but was describing his understanding that nothing precipitated her filing a complaint. She just filed a complaint (for no known reason).
 

JDAS12

Junior Member
Further Defined Complaint

You stated that she "just filed a complaint". Please define. Thank You.

In 1983, when the police questioned me, they were reading from a piece of paper(s). The police sargent had very specific actions, I think it was rape in my dorm room (where she kept her clothes and slept every night), and trying to kill her by strangling here with a bow tie.
 

Mass_Shyster

Senior Member
According to this http://www.sol-reform.com/Pages/sub/SOL/NewHampshire.html the Statute of limitations ("SOL") has expired, unless you were out of the state of NH for a long enough period of time to toll the statute of limitations.

Worst case scenario, if she was under 18 at the time of the alleged assault, the SOL would run 22 years from her 18th birthday. In this case, the SOL would have expired in 2002. If you were out of NH for more than ten years, the SOL may have tolled and may not have expired yet.
 

JDAS12

Junior Member
Why in 2012?

that is a very odd question given the fact you had already spoken to the police in 1983. What caused you to ask this question now, 29 years after she filed the complaint?

I went to local sporting event and saw her there (I think). A friend suggested contacting a lawyer, getting on the web, doing anything to make sure I am ready for the next set-back from something that never happened. I've been in therapy.

The school issued a letter of trepass (she went to school administration also). It said leave here and never come back. That letter was sent as late as 1997 with my transcript to a potential employer. Now in 2012, my parents are gone, kids in college, and divorced, I have a chance to start again. I want to know that I've investigated and researched every option, so I feel confident.
 

JDAS12

Junior Member
Why in 2012 , #2

I believe OP was referring to the complaint made in 1983 but was describing his understanding that nothing precipitated her filing a complaint. She just filed a complaint (for no known reason).

My OP was referring to '83 complaint, but after therapy, believe that original complaint was cry for help. Her complaint was a complete lie, but without it, I would have left the school in a few days and moved far away.

Now that I am living near her, and think she knows too, am afraid of follow up complaint, and who knows what else.
 

justalayman

Senior Member
given the info, there is no way to know for sure nothing can come from this. As stevef stated, if you left the state for a period of time, the applicable statute of limitations may have tolled (stopped running). There could be other reasons the sol has not expired as well such as: if they issued an arrest warrant for you way back when, the sol would have tolled at that time.

Given the talk with the cops at the time and the explanation of the situation I would not expect you ever have to worry about this but that is based on only what you have stated.
 

JDAS12

Junior Member
Thanks

given the info, there is no way to know for sure nothing can come from this. As stevef stated, if you left the state for a period of time, the applicable statute of limitations may have tolled (stopped running). There could be other reasons the sol has not expired as well such as: if they issued an arrest warrant for you way back when, the sol would have tolled at that time.

Given the talk with the cops at the time and the explanation of the situation I would not expect you ever have to worry about this but that is based on only what you have stated.

I was trying to be optimistic, kind of hoping that the comments would say, "too old," or something. Tomorrow I am contacting a lawyer. Sounds like other stuff could have happened without me knowing.
 

justalayman

Senior Member
I was trying to be optimistic, kind of hoping that the comments would say, "too old," or something. Tomorrow I am contacting a lawyer. Sounds like other stuff could have happened without me knowing.

generally speaking, yes, it is too old but since we have no information that precludes the possibility that the sol may have tolled, we cannot say with certainty that "too old" applies.
 

JDAS12

Junior Member
Thanks again

I will try to collect all the info I can - dates and addresses. And ask specific questions about the statute of limitations, the complaints, and anything else. It's like being followed around by a ghost. Seems like it will never go away.
 

justalayman

Senior Member
I will try to collect all the info I can - dates and addresses. And ask specific questions about the statute of limitations, the complaints, and anything else. It's like being followed around by a ghost. Seems like it will never go away.

I think it has already gone away. You are the one being a bit paranoid about it.

Given the info you posted here I do not believe you have anything to worry about. Only you know the real and complete facts of the situation and the fact you appear to be a bit overly concerned about it, it suggests there is more to the story than you have told us.
 

JDAS12

Junior Member
End and signing out. Enjoyed the free advice - it was certainly worth every penny.

I think it has already gone away. You are the one being a bit paranoid about it.

Given the info you posted here I do not believe you have anything to worry about. Only you know the real and complete facts of the situation and the fact you appear to be a bit overly concerned about it, it suggests there is more to the story than you have told us.

1. No real answers came from here but much drama. Needed to know if anything else could have happened behind my back. This is what I got.
a. SOL could be tolled and still in force if a minor.
b. No comments on attempted murder charges
c. No comments on rape charges if not a minor
2. Discussing with real lawyer important - will have real answers.

In response to the final comment - There is a lot more. Put yourself in my shoes. Get degree with good grades. Do well on GMATs. A year out of school, get escorted our of a workplace you've been in for three months as an intern when you apply for a full time job - with no explanation. Live 14 years without getting a second job interview or getting into grad school. Take jobs from friends and get good enough that companies call you for work. Find out by accident that your school is submarining you. Have fiance's mom ask about it. Get therapy for shock, enjoy the drugs - after you find out you're a dangerous person, but take the high road, don't get paranoid, don't sue, and live a good family life for the next 14 years. Take the independent road and work for yourself. Work well as independent. Get good rep. Get escorted out of a contract job six weeks ago with no reason, but think you've been seen by ms. crazy. Find another four week contract, but lose two weeks of work.

But that's not completely the truth either, is it? Date a crazy rich btch who might have done her dad, teachers, and others and be the only "nice guy" in her life. Be stupid enough to believe her self indulgent lies and try to be a friend. Make out but don't have sex. Get trapped on campus as you try to leave and put someone behind you who can't get it together. Get reamed by school somehow when her daddy talks with administration, maybe cause he thinks I'm cutting in. Wonder how much he paid the school.

And lastly, wonder what to do the next time I get walked out of a job site. She said I tried to strangle her with a bow tie - when the cops finally said that I started talking and told them no and offered to show them my two clip-ons. Still can't tie a bow tie.

Paranoid is the word. But next time it happens I'll have checked with an attorney about statutes of limitations, warrants, and all the rest, and make sure if I get escorted out I fight back.

No one needed to know any of that to offer advice on limitations of charges. You're a bunch of voyeurs.

And by the way, I'm starting at the next place tomorrow.
 

justalayman

Senior Member
No one needed to know any of that to offer advice on limitations of charges. You're a bunch of voyeurs.

.
No. You did not offer enough information to provide you with more than you received yet, like apparently usually, it is somebody else's fault.

Nobody asked for much of any of the information you felt you needed to throw out there in your last post. You chose to do that all on your own but go ahead, blame everybody but yourself. That appears to be how you live your life.

and if you get escorted out of someplace, it would be wise to not fight back. It they don't want you on their property, it's their right to escort you out. Fighting back will simply get you some current criminal charges.
 
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