could gang rapists get off scot-free?

Sure they do. There was a story recently about a couple of 12 year old girls who were gang raped by a much older group of men in a trailer/caravan. The guys got off because the judge reckoned the girls were asking for it.

Yes, they could.

If she's not a credible witness, they will get off. They admit they had sex with her but claim it was consensual.

Best way for them to get off? The police don't get involved at all. The school wouldn't want them to be (because it reflects badly on them), the girl is not going to be in much of a state to insist and if one of their father's has influence...

shaldna said:

Sure they do. There was a story recently about a couple of 12 year old girls who were gang raped by a much older group of men in a trailer/caravan. The guys got off because the judge reckoned the girls were asking for it.

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But the age thingy! They may have got off with rape but surely they should have been prosecuted for having sex with under age girls?

Back to the question - yes they could get away with it if, as has already been said, the police are not involved. However, if she is taken to hospital wouldn't the police be notified by the medics not just about the rape but about attempted murder? She would have marks on her neck from the attempted strangulation which would be hard to ignore.

I know a chick who got gang raped but was too drugged up to remember who did it, so the guy's who did it were never found.

Shakesbear said:

Back to the question - yes they could get away with it if, as has already been said, the police are not involved. However, if she is taken to hospital wouldn't the police be notified by the medics not just about the rape but about attempted murder? She would have marks on her neck from the attempted strangulation which would be hard to ignore.

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Not if the boys said it was kinky/rough sex. Especially if she's 'known' for being into that sort of thing. That would also make the group sex a bit easier to believe.

Another thing that would work in the boys' favor is if another girl/woman in the area cried rape in the past but the case was dismissed due to either a sort of rush-to-judgement sort of situation and/or the woman was proven not to be a credible witness. There was a case a few years back where a young woman claimed some guys raped her at a college party but the case was dismissed for those reasons. For the record, the evidence showed that the guys didn't rape her, from what I recall.

As for the video, if the FMC was known for being into kinky/rough sex, they could probably get away with circulating it. Or they could just not post it online but show it around on the sly in some other way. Flash drive maybe? They'd be able to sell copies that way if one of them was smart enough to have any sort of restraint.

There have, sadly, been many instances where rapists got off scot free, and I'm sorry to say it almost seems as though it is more likely if the rape involves school-age kids.

This story doesn't involve gang-rape, but it does illustrate how shockingly easy it can be to get away with rape.

If the video was never linked to the guys (dummy web account or however it was shared). They could also deny it was theirs.

The sperm sample could be too old. I can't recall how long it can be used for a DNA sample

She can't make an ID. She thinks she knows what they look like, but in a line up, they all look like her attackers. Or she could even choose not to ID them, preferring her revenge idea to prison time, of juvie.

Yes, it is possible, as others have detailed.

Regarding the recording: if they used a cheap or stolen mobile not registered to them, downloaded and then distributed via an internet café, no problem.

As to the semen and other DNA/proof on her. Everyone and sundry has watched too much CSI. It's definitely not that easy. So - if none of the rapists was sampled and is in a database a normal police station has access to, and if - as is likely - they will not test every young male in that region, there are no correct data to compare against, even IF she goes to the police.

I just wrote a realistic rape scenario and researched quite extensively for this. One very common occurrence is partial and protracted amnesia, which lasts from a few days to up to 2-3 months (for some forever). It would not at all be unrealistic for her to be unable to tell the police much as to who it was, even if she knew the guys. It might take her far longer to remember them than the police initially are interested or motivated.

Lastly, depending on where you have this take place it is often common even for proven perpetrators to go free during trial. Happens quite often in the UK for instance, though lately getting better.

I do have the hard to find "Stern Review" regarding British rape procedurals and problems from start to end of prosecution. It's a hefty read, involves data directly taken from discussions with victims and while the procedures most likely are somewhat different between the UK and the USA, the science should be the same, the cultural references appear to be rather similar still and it might help you even if you write from a US perspective. In case you want it, please PM me your email address and I'll send it to you.

Most age of consent laws make allowances for consensual sex between minors and young adults if the age differential is just a few years. So, e.g., an 18yo and 17yo are okay.

Assuming your perps make it look consensual, a few years' age difference likely won't matter.

This link may be triggering, please click with care: http://jezebel.com/5505484/kbr-says-jamie-leigh-jones-was-asking-for-it