Legal Question in Criminal Law in Pennsylvania

criminal

my sister told my other sister and myself that she was raped by her estranged husband and he video taped the assualt, and she was going to use the tape to get him prosecuted, but she was killed soon after, we finally found the tape and were wondering if there is anyway the family can press charges on him to make sure he pays for what he did to her?


Asked on 1/08/08, 9:21 pm

4 Answers from Attorneys

Douglas Sughrue Attorneys Crosby & Sughrue

Re: criminal

It certainly would be interesting to see how the local state police barracks would handle the case. Also, you may want to contact the DA's office in your county and ask to speak with the ADA that handles sexual assaults etc.

With only the videotape an evidentiary problem arises because your sister is not there to testify that the act on the videotape was not consensual. Hopefully, the contents of the videotape depict a clear non consensual act. You and your sister should draft a memo to yourselves concerning what your sister told you, when it was, where it was etc...to aid in you rrecollection of what was said to you and by whom.

An experienced criminal defense lawyer for the estranged husband will have to make arguments to the Judge etc..that the act was or could have been consensual.

Good luck and I am sorry to hear about the loss of your sister let alone what she went through.

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Answered on 1/09/08, 1:42 pm
John Gibson John W. Gibson, Esquire

Re: criminal

Have you gone to the State Police or to the Office of the District Attorney of your County? If not, those should be your first two stops.

If the estranged husband is a state trooper, then you may want to go directly to the District Attorney's Office.

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Answered on 1/12/08, 2:13 pm
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: criminal

In order for him to be criminally prosecuted, the police would have to file the charges. Take the tape to the state police and let them look at it.

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Answered on 1/09/08, 12:27 pm
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: criminal

In order for him to be criminally prosecuted, the police would have to file the charges. Take the tape to the state police and let them look at it.

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Answered on 1/09/08, 12:27 pm


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