WA Evidence - Is It Worth Pursuing This Rape Case?

Discussion in 'Criminal Law Forum' started by purplemarshmallow, 6 November 2018.

  1. purplemarshmallow

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    I was raped by a friend a couple of years ago, whilst I was high (and he was not). There's no physical evidence, but I read that evidence of 'change' and impact on the victim could be used. I have messages between me and friends, and him, questioning whether it was rape (with him saying things like 'you were more vulnerable high', 'I stayed sober so I could make a decision' etc).

    I kept a diary and a few video diaries detailing how I was pushing him away and he kept holding my arm down, I have Tafe attendance records, I am currently seeking trauma therapy at SARC.

    My best friends at the time were initially on my side calling it rape and helped me through my PTSD but then ended up ditching me for him, so I probably don't have many character witnesses now except for one of my housemates and my boyfriend.

    Is it worth pursuing this in court with what little I have? I know things like this are like 100% proof or nothing, and he still denies it was rape, all I have is evidence of how I processed it, my PTSD and depression, how my attendance dropped, and how I've been affected by things like sex and intimacy afterwards (I was a virgin before the rape). I have read that a civil lawsuit is a better option for things that are a little wishy-washy with evidence, but they seem like they're only for getting money.
     
  2. Anics

    Anics Member

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    I'm not a lawyer or have any law experience at all this is just an opinion..

    But firstly what is considered as rape? Did you explicitly not give your consent or, where you unconscious at the time? Also, you say this was a couple of years ago I'm not sure about Australia specifically but usually there are time limits on reporting crimes so that is also something you should look into. As far as I'm aware the statute of limitations in protecting defendants in minor crimes is one year and major crimes five years.

    Any video diary or similar documentation of events is your word against his. Text messages are great but what exactly are they saying? Is it something you believe to be of value to prosecute? I would imagine that if there were an investigation into this matter the police would most definitely want to speak to your old group of friends. What do you think they would say?

    Definitely seek a lawyer's advice but keep some things in mind that it if things do not work out in your favour and he is cleared of any wrong doing, he may be able to take you to civil court. *Do not quote me on that, I'm not 100% on Australian law specifically but that is usually an option*
     
  3. Scruff

    Scruff Well-Known Member

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    There is generally no "statute of limitations" when it comes to an indictable offence, however there is for civil cases.

    What you have described is a serious criminal offence that is best dealt with by the Police - especially if you have text messages where the perpetrator incriminates himself. By that, I mean text messages that acknowledge that a sexual act took place and that at the time of the act, he was aware of or reckless to the fact that there was no consent. It sounds to me like you may have this. If you do, then you should forget civil action and report it to the Police.
     
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