Anonymous asked this question on 3/13/2000:

I was wondering if you could give me some information on how long a 19 year old guy would do in jail if convicted of rape in California.He had threw the girl down on wood,put his penis in her butt,pulled out some of her hair,cut off the circulation in her wrists and threw herinto the car(she got bumps on her head).Would this be first or second degree rape?How long will he do in jail?(This is his first offense)And can the girl still report it if it took place on januaury 28th?Any and all information would be VERY helpfull!THANKS!!!!!

Poe gave this response on 3/13/2000:

The time could vary depending on a variety of circumstances, such as, if he is only convicted of rape, as he could possibly be subject to other charges as well. Sentencing usually involves some sort of pre-set guidelines and rules. I am not familiar with the guidelines set forth in the state of California. Of course the person's age is sometimes a factor( if a juvenile), however, rape is a crime of violence and most states regard it seriously, regardless of age. Whether it be first or second degree also depends on the particular states guidelines as to what stipulates first or second degree. While prior offenses may give some weight to sentencing, if allowable into evidence and convicted, the severity of a first offense may get as harsh a punishment, and in my opinion should, as someone who has committed a second or third offense of a much much les degree. That is to say, someone who raped and tortured someone for the first time should get as harsh a punishment as someone who vaginally raped with no futher bodily harm twice. Both are attrocious crimes and should be dealt with harshly. I am assuming the January 28th that you refer to is in the year 2000? If so, most states have laws regarding the time allowed to report a crime. That length of time may also be affected by the time of crime in question. There are several agencies that you can contact in your local area to provide you with the specific information as it would pertain your state and situation. Your local police department should be able to tell you what length of time you have to file charges. The district attorney's would be able to give you information on the length of sentencing, etc, as they would be prosecuting the case. Usually, an investigation is done to gather evidence that indeed a crime has been committed and evidence to support the case is sought. When enough evidence has been established, arrests are made, and the case moves toward trial. In some cases, an individual may also be subject ot civil liabilities. You might consult a private attorney for this. I would also adbise you to consult with a victim's rights association, such as a rape crisis counselor, etc, who could help guide and support you. Some centers may also provide other services such as HIV testing, pregnancy testing, filing charges etc. I do not want to discourage the reporting of this incident, but do be aware that if corroborating evidence doesn't exist to support the allegation, the police or prosecuters may not pursue the matter further, and the time it has taken for it to be reported will be an issue. Proof of the resultant injuries would be good as well as any materials, such as the panties worn at the time, that may contain DNA or other evidence that suggests sexual contact took place. Unfortunately, with rape it often comes down to one party's word against the other as to whether the act was consensual or not. Another factor in rape cases is the age of the victim at the time of the crime. I strongly recommend the victim seek rape crisis counseling in this matter. Too many things must be considered, disease, pregnancy, mental and emotional effects. This could also be a pattern for the perpetrator and should be stopped. Most think if they get away once, they can get away with it again. Rape is not about sex,in most cases,to the rapist; it is about power, control, violence, and twisted thinking and personalities. Hope this has helped! Good Luck!

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