police report/public information

ArtsyAmy

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My research is yielding conflicting information on this. Here's the situation:

My female character is shot by a man. While detectives are investigating, she tells them that the man who shot her is also the man who molested her when she was a minor. The molestation wasn't reported previously. She's a celebrity. The shooting took place in New York City, present day; the molestation took place in Rhode Island, several years ago, and the statute of limitations has expired.

Would the news the next morning carry the story, including that during the investigation, she told police that he molested her when she was a minor? That's the question I'm trying to answer, but there seem to be several factors to consider, such as: Are police reports considered public information? If so, how soon in an investigation does information become public (e.g., immediately after the report is filed)? What about it being a sex crime? (I wonder if there is privacy protection for victims of this type of crime.) What if the victim was a minor at the time of the crime? (Again, the privacy for the victim issue.) What if the victim is now a celebrity/was not a celebrity when the crime occurred when she was a minor? (Not sure if celebrity status would play any role here, although I understand that it does in civil cases of slander and libel.)

Thank you for any help on this.

Amy
 
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King Neptune

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If it is in her statement to the police, then it could be pried loose, but victims statements aren't usually released, at least until after the court action begins, and there usually are more formal definitions of the charges by then, and the press looks at what goes into the specifications of charges. Whether the matter of him having been a molester earlier would become public would depend on whether that charge would be pursued, and it isn't likely that a prosecutor would file that charge years after the fact.
 

MarkEsq

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Howdy. First, double check the statute of limitations issue - many states (including RI I believe) have no SoL for sexual assault. There's a lot of info on the web, should be easy to check.

Second, police reports are definitely not public records. In fact, in our murder cases they are 'locked' in the police system such that even cops can't see them. Which is to say, the press and public would not have right of access to police reports - this is especially true of one detailing an on-going investigation. The fact she's a celebrity would have no bearing on anything, as far as the police is concerned.

Good luck!
 

jclarkdawe

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As Mark says, police reports are private. The only non-police person who will see it is the defense attorney for the man, and he'd probably get a redacted version of her statement, with the sexual assault removed, unless it somehow pertains to the present crime. Depending upon what went on, although the prosecutor is going to want to bring it in at the trial, it is going to have a hard time on relevancy. Defense attorney is not going to want to have this come out.

New York police would not determine the statute of limitations, but would forward her statement to the appropriate police department, with a notation as to whether the victim wants to pursue the matter.

What does your story need? This can be spun so that TMZ finds out about it, but normally it would never be seen unless a prosecution for the sexual assault is started.

I am wondering why she is telling the police this. She's highly likely to have a lawyer with her when she gives a statement, and unless she wanted this to come out, as her attorney I'd stop her as soon as I saw a hint of this coming out, unless she wants to go public.

Best of luck,

Jim Clark-Dawe
 

ArtsyAmy

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Thanks so much for your help.

The character is in the hospital recovering from the gunshot wound when the detectives show her a photograph taken by a bystander. The photo shows the gunman, and the detectives ask the woman if she knows him, and how she knows him. That's when she reluctantly tells them he molested her years ago. (The gunman found out that she learned he's a serial predator, fears she'll report him, and shoots her to shut her up.)

For my story to work, the press has to find out this information. Or I have to change a good part of the story. Maybe the info will get leaked. Ack. After years of working on this project, I thought I was polishing it up nice and shiny when the question struck me: Would the press be able to get that information?

Thanks again. Rep points for all my writer pals for your help.
 

jclarkdawe

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Cop needs money, already in trouble for something else, contacts TMZ, cop will probably be fired, but if the money is right, cop will still do it.

Best of luck,

Jim Clark-Dawe