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What happens to evidence if a case is dropped?

Discussion in 'Criminal Procedure, Criminal Court' started by Sourheart, Nov 7, 2019 at 1:56 AM.

  1. Sourheart

    Sourheart Law Topic Starter New Member

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    Jurisdiction:
    Tennessee
    If a rape kit was done and underwear brought to police station to be tested for DNA but witness recanted what would happen to the evidence if it wasn't tested?
     
  2. army judge

    army judge Super Moderator

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    I suggest you ask the investigating officer.

    Be advised, genetic test results don't lie, even though some people do lie.
     
  3. Sourheart

    Sourheart Law Topic Starter New Member

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    I did years ago. Multiple times i asked if it had been tested he never would tell me. He claimed years later he doesn't know if it was tested or not since next day my mom made me recant and asked them not to claiming she didn't want me to get in trouble.
     
  4. Zigner

    Zigner Well-Known Member

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    Why are you concerned about it now...years later?
     
  5. adjusterjack

    adjusterjack Super Moderator

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  6. Sourheart

    Sourheart Law Topic Starter New Member

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    Because acting like They dont exist or trying to forget it happened doesn't work neither does therapy, anti depressants, suicide isn't an option since I'm a mom now. Idk i just wanna know if they ran it and why i can't find out the results im an adult now. The way things went it fucks with me so bad ill question myself for a second like am i just nuts. But memories don't lie. Idk i just need something proving it even if no one else ever sees it.
     
  7. Zigner

    Zigner Well-Known Member

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    Let me apologize if my question came across poorly. I won't and can't claim to understand your pain, but I do understand that it is real. I'm sorry that I can't be of more help to you, but I sincerely hope that you do, eventually, come to a peaceful place in your life.
     
  8. justblue

    justblue Well-Known Member

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    Did you, in fact, file a false complaint of rape years ago? Or did your mother, for some terrible reason, convince you to recant a true statement to the police?
     
  9. Sourheart

    Sourheart Law Topic Starter New Member

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    She begged me to. Said she couldn't support me and my three brothers without him. Swore she'd let me move out if i did, which was the first I think it all clicked. Things she did for my brothers went all out for my two older brothers graduation. Since we were homeschooled .both my brothers got a ceramony held at our church big parties after. Spent good money on their senior pics and invitations. My big day came and we went out to eat. That was it. No ceramony no party senior pics taken in a field no money or effort. The fact she never made a baby scrap book for me as she did my brothers. (Unless you count the Christmas scrap book she made I was in that one)
     
  10. Zigner

    Zigner Well-Known Member

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    You may have already done this, but if not, please seek out a support group of rape survivors.
     
    Red Kayak, cynthiag and justblue like this.
  11. Sourheart

    Sourheart Law Topic Starter New Member

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    Family went on vacation and i had to stay home to take care of the bastards mother who had Alzheimer's.
     
  12. justblue

    justblue Well-Known Member

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    Were you raped by your mothers bf/hubby?
     
  13. Red Kayak

    Red Kayak Member

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    Look, you have to move beyond this, and not let your resentment eat you.

    If you've not had therapy, get some.

    Your mother perpetrated an evil not just on you, but your brothers as well. She taught your brothers, by her example, how a wife should be treated, how a daughter should be treated.

    I would not allow any child to be unsupervised around your relatives, were I you.

    If you get the opportunity to further your education or get vocational training, take it. The best revenge is living well.

    Finally, it would not hurt to the police station, explain the situation, and ask if it's possible to reopen the case. You have nothing to lose. Worst case scenario: there is nothing they can do. But there may, over the years, have been other victims.
     
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  14. mightymoose

    mightymoose Moderator

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    To the original question, any evidence that was collected would likely be held until the statute of limitations expired.
    If still within the time limit the case could still be prosecuted if there is evidence to support it.
     
    Red Kayak likes this.

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