My girlfriend was raped a year ago by her exboyfriend. He used fear and threats, but never physically beat her or had a weapon. There is no physical evidence and she finally came to terms with what transpired last week. Can anything be done, legally?
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On a side note. She had denied the rape until recently and I was dating her at the time. We are still together. I didn't learn of this event until 7 months after the incident.
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I apologize if this sounds insensitive, but are you sure she is not just calling it rape to justify her decision to hook up with her ex? I ask this because it is common; however, only you can determine if this occurred in this case. Is there anthing legally that an be done? Well, rape does not require physical force or a weapon, but you have a major proof problem here. Also, in a minority of states a women has an affirmative duty to say "no" and/or to resist. Also, in most states, there is an affirmative defense called "mistaken consent." Thus, even if you could prove that your gf and her ex had sex 7 months ago, you would also have to prove that it was non-consensual, and that the ex knew she was not consenting. Thus, no DA would ever take this case (unless the incident was videotaped or there was some other clear proof). You could always sue the ex, but you still have the major proof problem.
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