Question About Statutory Rape

 

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Question:

I just recently started dating my girlfriend about a 4 months ago. A couple weeks ago she told me about the first kid she had a sexual relationship with. at the time she was 15 years old (about two years ago), the kid was 19
years old. the kid happened to be her best friends older brother. the story i was told was that he asked her to take a ride with her. she got in and eventually they stopped somewhere. he had made a move on her and they
proceded to hook up. after a few minutes he asked her to have sex with her. she immediately replied with "no". again he asked her to have sex. again the reply was no. repetively a third time again, the answer was no. after the
third time came an i dunno. which was repeated a fifth and sixth time. until it became an i guess so. they proceeded to have sex. I have been through student police academies with my local police department, state police department, and have taken a criminal justice class. I am under the understanding that this is a general rape. Regardless this is a statutory rape but wasnt sure if this is regular rape. besides the fact, she is exhibiting a rape victims post effects. i am just looking for help or a
place to start in order to aid her. I understand that this will most likely not stand a chance in court being about 2 years old, but there has to be something that can be done. Please help

Answer

The first thing to do to help your girlfriend is to make sure that you are offering her your help, not telling her what to do. She needs to be supported in figuring out the proper course of action she must choose to cope with what has happened to her.

Whether what happened to her was rape or not is not as important as how it is affecting her now. Your e-mail suggests that she is suffering from the experience. You may suggest to her that she contact a rape crisis center to discuss what happened with a counselor. If your girlfriend is not ready to call what happened to her rape she may resist calling a rape crisis center,
so you may recommend that she seek some sort of counseling to help her deal with the difficulties in her life now. If the incident two years ago is responsible for how your girlfriend feels now a counselor may help her realize this.

If your girlfriend does wish to speak to a counselor at a rape crisis center, you can seek one on the internet or the yellow pages or by calling a local hospital. If she lives in the Boston, Massachusetts area, she could contact the Boston area Rape Crisis Center (on the web at:   http://www.barcc.org/ ). In fact, she might be able to contact that organization for a referral to a center closer to where she lives. The BARCC website provides some advice for rape survivors and their family and friends starting at: http://www.barcc.org/survivingrape.html. I recommend that you go to that website to learn things that could benefit her and you.

I am not in a position to judge whether your girlfriend was the victim of a rape. (Keep in mind that your probably are not either.)  If she chooses to report the incident to the police an investigation would be conducted into what had happened and whether it could be prosecuted as rape (whether "forcible" or "statutory"). It is true that some incidents of rape (or robbery or burglary or drunk driving) are easier to prosecute than others. Whether to file a criminal charge would be the decision the prosecuting attorney would make based on the police investigation and the attorney's professional judgment of the likelihood of getting a conviction. Again, a counselor at a crisis center could help your girlfriend get a grasp of what she could expect, and what would be expected of her, if she reported the crime.

The support of people like you in your girlfriend's life will be important to her surviving her experience.

Lt. Peter Hoerr
Belmont Police Department
Belmont, Massachusetts

617-484-1215 ext. 121