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Old 11-01-2009, 10:31 AM
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Rape victim policy question..

In Illinois

Is there any kind of policy for a rape victim that pardons him/her of any illegal activity such as drugs or alcohol when the rape occured?

For example, lets say an underage girl was out drinking at a party, and she was forcibly raped, and she doesn't want to go to the authorities because shes afraid of getting in trouble for drinking.
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Old 11-01-2009, 10:51 AM
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If I rob a bank and after fleeing from the bank, I am robbed, I can still be prosecuted for robbing a bank. If what you are saying were possible, all anyone would have to do to get out of being charged with underaged drinking is allege they were a victim of some other crime. That isn't how it works.

With regard to rape in the situation you described, the fact the victim was/may have been drunk may make it hard for a jury to be sympathetic to her and it may also be the defendants position that she did not, in fact, object, but is saying now while she is sober that she didn't want to.

When a horrible crime like rape occurs in a setting like you describe, bringing the perpetrator to justice is complicated. I would never suggest she NOT report the crime. But no one can guarantee her that she won't be charged with underaged drinking. Underaged drinking is a misdemeanor charge and it would be secondary to the fact that a rape occurred. I would consult with an attorney first to see how to proceed. It will be tricky.

Good luck.
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Old 11-01-2009, 11:37 AM
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thanks, its actually my girlfriends friends best friend... so i cant really do much, i'm just trying to be helpful and provide them with as much information as i can.
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