QUESTION
Was it legal to arrest my wife when she was the raped?
Asked on Nov 11th, 2011 on Criminal Law - Colorado
More details to this question:
My wife was raped by two men leaving a bar. When the police arrived she was arrested for being drunk in public. Is that legal?
19 ANSWERS
Yes. Being raped is not a defense for being drunk in public. The two are completely apples and oranges.
Answered on Jun 02nd, 2013 at 9:37 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Maybe not.
Answered on Jun 02nd, 2013 at 9:36 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Yes.
Answered on Jun 02nd, 2013 at 9:35 PM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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Yes.
Answered on May 31st, 2013 at 1:19 AM
Jacob P. Sartz
Your wife should contact the police about the alleged rape. However, if she provides a written statement or agrees to an interview, her statements may be used against her in her criminal case. She needs a lawyer to assist her with these issues. An alleged rape is a very serious allegation. If the police fail to investigate it, you may want to contact a civil right's attorney and explore other options.
Answered on Nov 28th, 2011 at 9:49 PM
Geoffrey MacLaren Yaryan
If she was so intoxicated that she couldn't take care of herself, then yes it's legal. The purpose is to protect the person arrested from harm.
Answered on Nov 18th, 2011 at 6:47 PM
Appellate Attorney serving University Place, WA
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Baner and Baner Law Firm
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Yes, but I don't believe the fact pattern. One can be arrested based upon probable cause and without a warrant for certain crimes (drunk in public I am not sure, but that might not be one of them).
Answered on Nov 17th, 2011 at 1:01 PM
Michael J. Breczinski
Yes it was but it ws also extremly insensitive. I would talk to the police chief about it.
Answered on Nov 16th, 2011 at 8:24 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Without knowing more facts, the officers do have the right to arrest if there was probable cause. You do not give me enough info. My advice: Seek out local counsel.
Answered on Nov 15th, 2011 at 7:58 PM
She can be arrested for public intoxication, but if the circumstances show why it occurred, then she may be able to get her charges dropped. If the police have probable cause to arrest someone, they may do so, even if there was a crime committed against her prior to the arrest. Remember that an arrest does not mean a conviction so the charges can be dropped after the arrest without consequences.
Answered on Nov 15th, 2011 at 7:12 PM
Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com
If the police believe that they had probable cause do believe that your wife was drunk in public they have the right to arrest her. regardless of that she should still be treated as a victim of the rape.
Answered on Nov 15th, 2011 at 6:37 PM
Drug Crimes Attorney serving Philadelphia, PA
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Laguzzi Law, P.C.
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Is it legal? Yes. Why would this do this? Well they may not believe the alleged victim's story about a sexual assault but they should be investigating and you should follow up with the assigned Detectives. In the meantime, hire an experienced criminal defense attorney to represent your wife.
Answered on Nov 15th, 2011 at 10:09 AM
It is legal but unusual.
Answered on Nov 15th, 2011 at 9:03 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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Whether your wife was sexually assaulted is an issue they were investigating. It is not illegal to arrest her if she was publicly intoxicated but that sure seems bad. File a complaint with the police internal affairs division.
Answered on Nov 15th, 2011 at 1:44 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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I'm sure the police will investigate and charge any crimes they deem were committed.
Answered on Nov 15th, 2011 at 1:42 AM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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I've never heard of the police arrested a rape victim. Did the police arrest the rapists? Your wife's lawyer should speak to a DA from the Special Victims' Bureau.
Answered on Nov 14th, 2011 at 10:48 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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As long as the police had reason to believe her conduct met the elements of the crime, she can be charged. Just because she's a complaining witness doesn't mean that she can't be charged with a crime as well. It's a little unusual, but not unheard of.
Answered on Nov 14th, 2011 at 10:17 PM
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Yes, if she was a danger to herself or others. Hire an attorney and should be easy to defend. I hope the two guys were arrested too.
Answered on Nov 14th, 2011 at 8:42 PM
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It is legal, but wrong usually the police protect the person most injured. If they need to ticket her, they could have just done that rather than arrest her.
Answered on Nov 14th, 2011 at 8:20 PM