QUESTION
My mother was raped 50 years ago and the court case was dismissed. Would that court decision still be on record?
Asked on Oct 31st, 2012 on Criminal Law - Georgia
More details to this question:
The rapist was charged but the case was dismissed because he had witnesses to give false testimony to her character. The rapist was from a very politically influential family.
5 ANSWERS
Leonard A. Kaanta
Yes.
Answered on May 21st, 2013 at 1:13 AM
John J. Carney
You may be mistaken as to what occurred. There are no computer records, but you can ask the court if they have the records. The issue of credibility can be raised if the victim has a criminal record, but not her prior sexual history. If he was acquitted he may or may not have raped your mother, but you cannot rely on just what the defendant or the victim has to say about a case.
Answered on Nov 02nd, 2012 at 1:50 AM
The original court file should still exist (with the Information, arraignment documents, motions, etc., but it is unlikely that any transcripts from the trial can be obtained. Each court reporter has his/her own transcription method and has to transcribe his/her own notes. It is unlikely the court reporter would still be able to prepare a transcript after 50 years. If the transcripts were prepared at the time of the trial, however, they may still be available.
Answered on Nov 02nd, 2012 at 1:44 AM
Michael J. Breczinski
It should be unless the court house burned down and the records are lost.
Answered on Nov 02nd, 2012 at 1:30 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Most probably the arrest record, and court file or at least disposition of the case would still be obtainable. What are you attempting to do? Why are you going back 50 years? You sound like you should seek counsel.
Answered on Nov 02nd, 2012 at 1:30 AM