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raped years ago..

 
 
Reply Sun 20 Feb, 2005 04:04 am
I think i already know the answer to this question, but of course feel the need to ask you wise people anyway.

A friend of mine (yeh yeh) was raped when she was 6 (around) by her neighbors at the time. She told no one, and no one suspected anything, and the guys ended up moving away. At the time she was shaken but blocked it out and didnt think about it again until a few years ago (age 16) when it suddenly hit her.

Since then she had still only told very close friends. She feels guilty because these guys are probably still out there. They were 16 and 18 at the time.

My questions:

1) Is there legally anything she can do at this stage?

2) Does anyone know of a way she can find out whether anything has happened with them since?

3) Does anyone have any advice for me, as a friend, to help her cope at this time?

Any help would be appreciated. Smile
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Type: Discussion • Score: 1 • Views: 1,048 • Replies: 17
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Phoenix32890
 
  1  
Reply Sun 20 Feb, 2005 06:18 am
As far as whether she can bring charges against the rapists, she needs to speak with an attorney. In some jurisdictions, rape charges can be brought against a perpetrator, even though the statute of limitations has passed. It would have to do with how soon the victim filed, after her age of majority. Only a lawyer in her area would be able to answer that question.

Your friend's best bet is to see a counsellor who specializes with women who have suffered a rape. A professional like that would help your friend to let go of the past, and move on.

As a friend, the best thing that you can do is be there for her, as an ear and a shoulder.
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Walter Hinteler
 
  1  
Reply Sun 20 Feb, 2005 06:59 am
Listening interestly - here in Germany (and other European countries), the statute of limitations reposes in cases of rape until the 18th birthday of the one being raped.

chunkydrive, you are doing a lot for your friend. Being there for her is really one of the best you can do, as Phoenix said already.
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Debra Law
 
  1  
Reply Sun 20 Feb, 2005 02:25 pm
The statute of limitations is going to vary somewhat from state to state depending on several factors -- including the age of the victim when the crime was committed.

Here's an article about a rape conviction that took place several years after the victim reached the age of majority . . . but the statute of limitations was tolled because the perpetrator moved out of state:

http://www.cnn.com/2005/LAW/02/07/church.abuse.shanley.ap/

Defrocked priest guilty in rape trial.
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Debra Law
 
  1  
Reply Sun 20 Feb, 2005 02:56 pm
I have not verified for accuracy; but here is a "summary" of the statutes of limitations for CRIMINAL prosecutions in every state:

http://www.rainn.org/statutesoflimitationcrim.html

The statutes of limitations for CIVIL actions will differ from the statutes of limitations for CRIMINAL prosecutions.
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Debra Law
 
  1  
Reply Sun 20 Feb, 2005 03:08 pm
Civil Actions: Article:

Statute of Limitations

Extended Statutes of Limitation for Survivors of Childhood Sexual Abuse. The majority of the states now have some type of provision extending the statute of limitations for adult survivors of CSA, although the remedy varies depending upon state. . . .

The rest of the article:
http://alterboys.tripod.com/Faith/Extending_thex.html
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Debra Law
 
  1  
Reply Sun 20 Feb, 2005 03:14 pm
See also:

http://www.darkness2light.org/KnowAbout/articles_extensions_statutes.shtml
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Noddy24
 
  1  
Reply Sun 20 Feb, 2005 03:30 pm
Chunkydrive--

I Googled and found this rape crisis site for Australia.

http://www.aest.org.uk/helplines/australian_new_zealand_support_lines.htm

You can help your friend as a friend just by listening. You can also help by encouraging her to see some professionals in the field. This is where the Rape Crisis Centers come in very hand. The people at a Crisis Center would be able to give your friend both legal and emotional advice.

Good luck to you both. Hold your dominion.
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Debra Law
 
  1  
Reply Sun 20 Feb, 2005 03:58 pm
An alleged rapist to face civil action on claims that he raped a woman 31 years ago.

Sydney Morning Herald

http://www.gaiaguys.net/Clarke.Rape.13.02.04.htm

Civil case to go ahead after judge extended statute of limitations:

http://www.abc.net.au/worldtoday/content/2003/s849404.htm

Quote:
In the last eight years, there's only been one other case where a rape allegation has been heard in the civil, rather than the criminal courts.

But after the original criminal charges against Geoff Clark were dropped for lack of evidence, Joanne McGuinness decided to sue him instead, for the psychological damage she says the alleged rape has caused her.

But it was in 1981 that Ms McGuinness claims the attack happened, so it was up to county court judge Tony Duckett to decide whether the six-year statute of limitations could be extended to allow this trail to go ahead. Today, he decided in Joanne McGuinness's favour.

Outside court, Geoff Clark's lawyer, Mark Yerston, spoke to the media

MARK YERSTON: Mr Clark has given his legal advisors instructions to commence appeal procedures, and we'll be doing that as soon as we are able. There is no further comment, given the forthcoming appeal.
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dlowan
 
  1  
Reply Sun 20 Feb, 2005 08:50 pm
I am so glad your friend has told you.


Can you say what state you are in?

In my state (SA) the statute of limitations has been lifted - and numbers of very old crimes are being reported.

Most state police have a specialist rape and sexual assault group who would be able to answer questions re possible prosecution - as would most rape and sexual assault centres.

Successful prosecution is extraordinarily hard, of course.

If you can tell me what state you are in, I can also tell you where your friend can seek help.

Guilt is a universal reaction to this damn crime - your friend behaved like millions of other kids the world round in not telling anyone. She is a brave person. I wish her well.
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chunkydrive
 
  1  
Reply Mon 21 Feb, 2005 06:24 pm
Thanks. I am actually in QLD Australia. Smile

This might sound strange, but she has said that she feels guilty for other reasons as well. If she were to take some form of legal action, what if things have changed and she was a "one-off". In other words, she seems to think that there is a chance these guys could have changed or whatever. Either way, i cant see her taking legal advice.

She thinks that as it would just be her word against theirs and she left it for so long, it would go no where and she would have ignited the whole thing again for no reason.

I also cant see her talking to any professionals. As much as i have tried to convince her to talk to someone else, she has said she doesn't feel comfortable talking to anyone she doesn't know she can trust. (wonder how she would feel knowing that i am broadcasting this over the internet to anyone who is interested?) She also said that describing it to me felt like an out of body experience, like she was describing something that happened to somebody else. I am confused.
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dlowan
 
  1  
Reply Mon 21 Feb, 2005 06:37 pm
Don't be. The guilt stuff is normal - and it sounds as though your friend is dissociating - which is something we do to protect ourselves from trauma - it is like we sort of switch off.

She actually does need some help - but if she won't, she won't.

f you can arm her with some information - that is a good thing.


I will try to get some good online stuff for your friend - discussing normal reactions to trauma etc.
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chunkydrive
 
  1  
Reply Mon 21 Feb, 2005 06:43 pm
Having been in the same situation before (basically) i really really want her to get professional help. I never did and i am regretting it now, but still cannot bring myself to do it. Hypocritical of me to suggest she gets help, no doubt. I know what she is going through, she knows what i went through. She thinks we can help each other, but i wish she would get professional help. I am a school student. I am 16. I also have class, right now.

Thanks again!
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dlowan
 
  1  
Reply Wed 23 Feb, 2005 04:10 am
Ok - here are the Rape centre in Queensland - they will have information about counselling/therapy/resources for your friend/you - sometimes they may refer a 16 year old to a child and adolescent service (in SA Yarrow Place - the rape and sexual abuse service normally refers young people to the service I work for) - I do not know the practice in Queensland. But I do know that you/your friend can ring up anonymously and find out!

Sadly, often there are long waiting lists for therapy services.

I know you said you guys were not ready to ask for that kind of help - but when you ARE, here it is:

Brisbane Rape Crisis Centre Phone:(07)384 4008
Gold Coast Sexual Assault Support Service Phone:(07)559 111 64
North Cairns Women's Centre Phone:(070)313 590
Sunshine Coast Rape Crisis Centre Phone:(07)5499 3066


THis site offers general stuff - it is a UK site:

http://www.aest.org.uk/helplines/australian_new_zealand_support_lines.htm


It includes this reasonable-looking page on that damned guilt and self-balme!

http://www.aest.org.uk/survivors/guilt_and_selfblame/index.html


This is another Queensland services listings - hotlinked:

Queensland

Sexual Assault Referral Services - Queensland
Australasian College of Sexual Health Physicians

Cairns Sexual Assault Support Service

Tableland Rape Crisis and Incest Centre - Atherton

Warangesda Family Rape Crisis Centre

Immigrant Women's Support Service: Sexual Assault Program


Gotta go - I will find more for you guys.
0 Replies
 
dlowan
 
  1  
Reply Wed 23 Feb, 2005 04:13 am
Grrr - they didn't hotlink!

Anyhow - here is another big resource website:

http://www.healthinsite.gov.au/topics/Sexual_Abuse_and_Assault
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chunkydrive
 
  1  
Reply Wed 23 Feb, 2005 08:29 pm
Thanks. I dont know whether i should talk to someone, i am okay myself i guess, i doubt i will, but i really wish she would.

What does anonymous mean these days anyway? Nothing is anonymous anymore, especially not around here...
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dlowan
 
  1  
Reply Wed 23 Feb, 2005 11:50 pm
I mean you can call and ask about what services are offered without giving a name.

If you choose to see someone, naturally there are records made.
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chunkydrive
 
  1  
Reply Thu 24 Feb, 2005 12:12 am
I guess. Smile
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