Can i press charges on my ex boyfriend for rape if it happen about 6 months ago?

Asked 10 months ago - New York, NY

I went out drinking with my baby daddy ( boyfriend at the time ) and his friends. I drank a bit to much and passed out. He took me to his home in a cab. when i woke up the next morning, he told me he had intercourse with me while i was sleeping. I did not recall any of it. I did nothing at the time because i was shocked, scared, hurt, and he was abusive at that time. Now that i have gotten out of that abusive relationship, i would like to press charges against him. Do i have a good chance at putting him behind bars or can i make any difference at all?

Attorney answers (5)

  1. Dustan Orlando Neyland

    Pro

    Contributor Level 11

    2

    Lawyers agree

    Answered . You can always make a report. However, the case is not very strong. The delayed report along with the lack of evidence (rape kit, you being able to testify first hand that it happened) makes it unlikely that he would be convicted. This is an honest answer based on my experience as a prosecutor and a defense lawyer.

  2. Eric Edward Rothstein

    Contributor Level 20

    2

    Lawyers agree

    Answered . Go to the police station that covers the area where it happened.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was... more
  3. Richard C. Southard

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . Yes you may file a complaint with the precinct where the incident occurred as the statute of limitations on a rape case is at least five years. No one can state with certainty whether the police will make an arrest in a case with a 6 month delay in reporting and where it sounds like your only proof is a statement made by your ex but it's a pretty weak case in terms of evidence for a jury.

    I am a former Brooklyn Criminal Court Deputy Bureau Chief with over 17 years experience specializing in handling... more
  4. Marco Caviglia

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . Yes, you may report the rape as the statute of limitations has not run.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for... more
  5. Kathryn Mary Holton

    Contributor Level 18

    1

    Lawyer agrees

    Answered . Yes you can press charges by making a report with the police, no way to tell if it will be a prosecutable case, but definitely make a report. At least to spare the next woman torment.

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