What is considered proof of a rape?

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What is considered proof of a rape?

I have a friend who was raped by her estranged husband a few weeks ago. She told him in a e-mail that it was and he admitted that was true. Is this enough to charge him with rape? He has been very verbally abusive and threatened to physically hurt her and her children.

Asked on March 1, 2011 under Criminal Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your friend and for her situation.  Usually in a rape case a rape kit is done at a hospital after the victim has reported the occurrence.  It can be proven with differing evidence.  But it is much harder to prove  - but not impossible - between a husband and a wife.  Being estranged does indeed help here. The e-mails may or may not be proof.  You can not say for sure who wrote them, only that they were written from his e-mail address.  I would strongly suggest that she seek legal help here.  Report the rape and ask for a restraining order to be issued. She needs to feel safe and feel that her children are safe.  Good luck to her.


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