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Can I still press charges

Brooklyn, NY |

Two years ago my husband at the time got very drunk beat me up and force inner course On me.I told him no & he keep going in the struggle to get away from him I grab the camera cause I feared for my life I figure at least if he killed me there would evidences to what happen. I was so scarred to tell anyone. I filed for divorce & my attorney scared me from press charges. He told me if I press charges my ex would go to jail & lose his job & who going to give me child support. I was scared cause I didn't and had no way to take care of my kids. I have actual video of him forcing intercourse on me. This has haunted me and I feel he shouldn't have gotten away with this.

Attorney Answers 4


  1. You can go to the police but I think they are unlikely to act now, two years later.
    You may have better luck with the Brooklyn DA's Office, specifically the Sex Crimes Unit.
    Bring the video should you meet up with either the cops or the district attorney.
    You also may want to retain a lawyer to push your agenda.
    Good luck

    Law Office Of Michael Marley
    Phone 917 853 4484


  2. You are well within the Statute of Limitations to bring the charge. You indicate that you have some type of visual evidence. Bring that with you whether you meet with the police or the DA.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.


  3. The power to "press charges" lies with prosecutors and police officers -- not citizens. Notify the police of the situation and bring whatever evidence you have to support your allegations. They will then decide how to proceed.

    Good luck.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.


  4. The police are not the ones to go to here due to the passage of time. You should retain an attorney, have him review the evidence and get a detailed account, and if he feels it is advisable you can go with him to the District Attorney's Office to meet with a sex crimes prosecutor that your lawyer probably knows personally. That is way better than trying to do it yourself. The fee would probably be around $600 as it is a least 2-3 hours of work and if you can afford it that should be the way to handle such a serious allegation. Make sure you tell the lawyer the whole truth as you could get into a lot of trouble if the prosecutor thinks you are lying.
    John J. Carney Esq. 917 696 2363

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