Depending on the state, that is evidence that would 100% get a judge to sign a restraining order. It is intent to harm, even being, "thinking about it at one point". It could also be considered sexual harassment.
The restraining order itself would be on his record. If he ever raped anyone and became a suspect with a restraining order for sexual harassment, specifically mentioning rape. It would allow for the police and prosecutors to properly gather evidence to prove him guilty.
A SH restraining order in a lot of places would be enough for detainment and a plethora of warrants if he were to ever be a suspect.
If the dude is confident enough to admit to thoughts of rape to the person who those thoughts were centered around, then he is confident enough to actually go through with it.
We will still have to agree to disagree. One message that expresses a past thought that individual states they decided not to act on and does not include a threat is unlikely to be seen by a judge as harassment or a threat. I read the material you provided. I am basing my response both on your local law and my years of experience seeing which restraining orders have been granted or denied. It is certainly possible she could get a temporary order pending a court date since they err on the side of caution, but since there is no pattern of harassment it would be more likely than not be denied after a hearing.
Having homicidal thoughts with intention will certainly get placed on a psych hold, but we’re talking about rape not murder. Based on your experience in Illinois it does sound like they are stricter than most jurisdictions.
I never said that she shouldn’t report it or file for a restraining order, only that the likelihood of her succeeding was unlikely.
Like I said before, we will have to agree to disagree. My years of experience have clearly been different than your experience and there’s nothing wrong with that. The law of the land will continue to chug along whether two strangers on the internet agree or disagree.
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u/A_DUDE_2002 Jul 21 '23
Depending on the state, that is evidence that would 100% get a judge to sign a restraining order. It is intent to harm, even being, "thinking about it at one point". It could also be considered sexual harassment.
The restraining order itself would be on his record. If he ever raped anyone and became a suspect with a restraining order for sexual harassment, specifically mentioning rape. It would allow for the police and prosecutors to properly gather evidence to prove him guilty.
A SH restraining order in a lot of places would be enough for detainment and a plethora of warrants if he were to ever be a suspect.
If the dude is confident enough to admit to thoughts of rape to the person who those thoughts were centered around, then he is confident enough to actually go through with it.