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how long does it take to file rape case

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1 how long does it take to file rape case on Sat Jul 28, 2012 6:18 am

Dana143


Arresto Menor
A friend of mine was forced to have sex with her live in partner. He is also physically abusing her and calling her degrading names. They are no longer together since he inflicted physical harm on her while she is pregnant which almost caused her a miscarriage. She's wondering if she go to a lawyer and file a rape case how long would it take for the lawsuit to reach the prosecutor? Is he going to be arrested? How long after the prosecutor reads the affidavit of complain will the warrant of arrest be given?

Also, my friend doesn't have medico legal for her genital to prove the rape but she has medico legal for the bruises in her wrist and arms which were inflicted while he was forcing her. My friend went to the hospital a couple of days after the last incident so she only got medico legal for those. she was also diagnosed with Schizophrenia before and the guy was well aware of this. Will this affect the case in a negative way?

Thank you so much in advance for responding.

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2 Re: how long does it take to file rape case on Sat Jul 28, 2012 8:27 am

attyLLL


moderator
i recommend that her first step should be to go to the women's desk of the PNP or the NbI


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3 Re: how long does it take to file rape case on Sat Jul 28, 2012 4:04 pm

Dana143


Arresto Menor
attyLLL wrote:i recommend that her first step should be to go to the women's desk of the PNP or the NbI

Thank you po., Pero po kung sakaling magfile po siya, gaano po katagal bago po yun makarating sa prosecutor at maaresto yung guy?

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4 Re: how long does it take to file rape case on Thu Aug 02, 2012 9:54 am

charietocampo


Arresto Menor
hi! i am not lawyer but i have an ongoing case filed last March 22, 2012. Rape case din. until now we are still waiting for fiscal's resolution. I think matatagalan pa un. lalo na pag may pera ung nka demanda. lahat ng delaying tactics gagawin nila. from women's desk to prosecutor's ofc 1 day lang. after 2 wks both of you (complainant & respondent) will receive a subpoena. from there the hearing will start. normally Preliminary investigation has 2 dates. kung balak ka tlagang bwisitin ng kalaban, magpapa resked lng ulit yan hanggang tumagal. ung sa amin nga inabot ng 2 months sa fiscal. malapit na kming mag 5 months sa case na ito. pag lumabas ang probable cause dun pa lang daw pde idetain ung respondent. I suggest mag file na kyo agad. para tumatakbo na ang case.

Good luck! I know justice will prevail.

Dana143 wrote:
attyLLL wrote:i recommend that her first step should be to go to the women's desk of the PNP or the NbI

Thank you po., Pero po kung sakaling magfile po siya, gaano po katagal bago po yun makarating sa prosecutor at maaresto yung guy?

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5 Re: how long does it take to file rape case on Thu Aug 02, 2012 6:01 pm

Dana143


Arresto Menor
Tnx sa pagshare... What do you mean na may 2 dates yung Preliminary investigation? Ang tagal pala ng ganito... Pwd mo b ishare sakin yung buong process? Salamat...

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6 good news!!! on Mon Aug 06, 2012 1:57 pm

filing is free in 2 easy steps:

1. goto women's desk sa munisipyo, bring the victim, and the parent(s) (nasa musipyo lang to)
2. go to prosecutors's office (sya ang fiscal, prosecutor, and at the same time lawyer mo)

waiting time: depende sa city kung matao at madaming kriminal
1. 3rd-6th mos to wait for the preliminary hearing (maghaharap sila) ok lang kahit hundi pumunta suspek, na waive nya lang right nya, pero the victim should be there
2. 7th-9th mos resolution time
3. 12th mos (yes 1 yr), aakyat ang kaso sa RTC (kung may basehan ang prosecutor)
4. 15th mos onwards, court hearing

what to expect



Dana143 wrote:A friend of mine was forced to have sex with her live in partner. He is also physically abusing her and calling her degrading names. They are no longer together since he inflicted physical harm on her while she is pregnant which almost caused her a miscarriage. She's wondering if she go to a lawyer and file a rape case how long would it take for the lawsuit to reach the prosecutor? Is he going to be arrested? How long after the prosecutor reads the affidavit of complain will the warrant of arrest be given?

Also, my friend doesn't have medico legal for her genital to prove the rape but she has medico legal for the bruises in her wrist and arms which were inflicted while he was forcing her. My friend went to the hospital a couple of days after the last incident so she only got medico legal for those. she was also diagnosed with Schizophrenia before and the guy was well aware of this. Will this affect the case in a negative way?

Thank you so much in advance for responding.

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7 Re: how long does it take to file rape case on Mon Aug 06, 2012 10:22 pm

Dana143


Arresto Menor
ang tagal po pala... wala po bang paraan para bumilis pag usad ng kaso? at kailan po magkaka warrant for arrest yung suspect?

Kung po pala walang medico legal sa genitalia yung victim, ano po pwede gamiting ebidensya?

salamat po sa pagrereply

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8 Re: how long does it take to file rape case on Thu Aug 09, 2012 10:03 pm

attyLLL


moderator
you go with what you have, the testimony of the victim


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[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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9 Re: how long does it take to file rape case on Sun Aug 12, 2012 3:28 am

Dana143


Arresto Menor
enough na po ba yung testimony ng victim para masampa ang kaso sa rtc?

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10 Re: how long does it take to file rape case on Sun Aug 12, 2012 9:14 pm

concepab


Reclusion Perpetua
Dana143 wrote:enough na po ba yung testimony ng victim para masampa ang kaso sa rtc?

yes.

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11 Re: how long does it take to file rape case on Tue Aug 14, 2012 1:27 am

Dana143


Arresto Menor
tnx po. ano po pwd namin gawin para bumilis yung process ng kaso?

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