Can I still press charges

Asked over 1 year ago - 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. Michael Lewis Marley

    Pro

    Contributor Level 14

    5

    Lawyers agree

    Answered . 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. Marco Caviglia

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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... more
  3. Daniel Nelson Deasy

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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.... more
  4. John J. Carney

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . 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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