If you were the judge in this case, what would you decide?

[What Dreams May Come]

In 2005, I was raped and became pregnant with my daughter, now 4. That was in New York State, where I was living, but I have been living in California since before my daughter was born. I know who raped me, we were living together at the time in a rooming house. After it happened, I didn't stay with him in the relationship, but I stayed with him in the rooming house, just in a different room, because of silly stupid reasons. 1. He said he loved me, and that's what people who love each other do. I didn't realise I didn't love him. 2. I felt like I had nowhere to go if I left him. But he was on probation for another issue, which classified him as a sex offender. I knew this when I met him, but he said he was drunk and got caught for public nudity. I didn't think that was so bad, and as a stupid teenager, didn't think to even check into it. So later when he was arrested for probation violation, and I found out that the reason he was a sex offender is because he sexually assaulted another girl, I decided to leave him. Also because his probation officer told me that if I had the baby anywhere within New York State, she would make sure it was immediately taken away. Not knowing what to do, I wandered around for about a month from place to place, then moved home with my closest family, in California. Once he got out of jail, he had my mom's address and phone number from when I would get letters and phone calls at our old place, so he took it upon himself to come to where I was staying. Again, all I can think of was that I was a stupid teenager, because it also hadn't occurred to me to get a restraining order against him or even that a father should be away from his own child. So when he got here, he called, and my daughter and I went to go see him. We went from the train station, out to lunch, and then over to the shelter where he was planning on staying. That night it hit me that I was being *really*really* stupid, and decided that he would never be allowed to see her ever again. I've never spoken to him since. Last I checked, online, he was locked up in some place in Northern California, for I don't even know what. But that was a year and a half ago, I have no clue what he's up to now. The thing is, I *know* he has friends back in New York who would stick up for him, because when I tried to confide in them about the rape before, they turned against me, saying "He would never do such a thing" and beat me, which was how I ended up miscarrying my daughter's twin. I was one *screwed*up* *co-dependent* *mess* during that time... I doubt any of our (I say our because my only friends in the state that didn't know him didn't live anywhere near there.) friends saw my personality or who I really was apart from just "his girl"...so they know my face, but even the non-hostile ones, I doubt would stick up for me. My friends and family would stick up for me in court.... but none of them knew him. Like I said, I didn't have any friends or relatives in the same county, aside from who he knew before introducing me to them. The closest thing anyone ever
*knew* of him was my mom talking to him on the phone.

Considering I *had* to get out of there before they hurt me some more and before his probation officer took legal action to take my daughter, but also that I did let him see her that one time and it is over five years later... would they still be able to prosecute him? Would they take it to court in New York or California (the main reason I haven't reported it so far. If I reported it, they'd want to make a case (which I do want to do now), and thus far I haven't had the financial means to get back and forth from California or find a place there for the duration of hearings. If I had reported it while pregnant, the case would have gone on until past when I gave birth, and I didn't want my baby taken away.). Or would they just drag me through the mud and make me look like a liar? Would they still even look at it? Or would they say I don't have a case?

If you were the judge in this case, what would you decide?