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Fans of talk show Good Day New York might have been surprised this morning to learn that a woman has accused co-host Greg Kelly of rape. The victim walked into the city's 13th precinct late Tuesday night to report the incident, which she says happened in a lower-Manhattan law office where she works.
The woman claims to have had drinks with the 43-year-old Kelly -- son of NYC Police Commissioner Ray Kelly -- after meeting him on the street. The pair then proceeded to the law office, where the alleged rape occurred.
The entire incident is said to have happened on October 8. Will this delay affect the district attorney's decision to prosecute the Greg Kelly rape case?
Quite possibly, yes. Due to the emotional nature of the crime, it's not all that uncommon for victims of sexual assault to wait weeks or months before reporting an attack to police. And as we all know, some never do.
Prosecutors and jurors may be able to get past the erroneous idea that a delayed report diminishes a victim's credibility. However, they cannot ignore the evidentiary issues caused by a 3 1/2 month delay.
A delayed report means no rape kit; it means contaminated evidence; it means questionable eye witness testimony; it means diminished recollection.
It's difficult to prosecute an accused rapist without more concrete evidence. It becomes a case built entirely on the victim's testimony. Prosecutors have to ask jurors to simply accept the victim's word.
If prosecutors are unable to find evidence substantiating the woman's claims, the Greg Kelly rape case has a good chance of being a no-go.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
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