Results 1 to 5 of 5
  1. #1
    Join Date
    Jun 2011
    Posts
    2

    Default Can You Sue the State for Not Prosecuting a Crime

    1996 I became preganat with a man that rape me. I had a court appointed GAL and at that time [name removed] was going ather child support.I had a deputy prosecuting attorney. They knew my age and his age but did nothing. Is there away to get them for what they didn't do?
    t. And that was it. I thought both were mandated reported. The man never went to jail nor was cps call. The state let him get away with the rape. I was 14 he was 22. I tryed to press charges but the Seattle police did nothing.
    No one called cps. The ball drop. He got away with rape of a child. Can I do a civil suit agaist the state for neglect? Now I have major issues. It still gets to me. Everything I went trough is all on paper. I can prove damaged.

  2. #2

    Default Re: Can I Sue Washington State

    If there was a prosecuting attorney involved, then the matter WAS addressed with the criminal courts. Why there was no conviction we couldn't guess at, but just because he didn't get locked up doesn't mean he didn't have some alternate sentence. CPS wouldn't have been involved unless he was somehow your caretaker or guardian, it would have been a criminal matter for police. If the case got to the prosecutor's office, then the police DID work the case and get it there.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    Fave Big Bang Theory site: Sheldon Cooper Fans

  3. #3
    Join Date
    Aug 2007
    Posts
    3,837

    Default Re: Can I Sue Washington State

    Although a County is a subdivision of a state, the state itself is not involved.

    Additionally, while it seems unclear what was charged or not, even if no charge was brought, for the sake of argument, it is only on RARE ocassions a Prosecutor can be sued, this is called Prosecutorial Immunity. To bring a charge or not is called Prosecutorial discretion.

    Say a charge was not brought, that person could have gone to the State Attorney General with the facts, as they are completely within the law to pursue a criminal complaint themselves.

    What does the official record say? Was a charge brought or not? You of course were not called to testify at any trial or you would not be here asking about a lawsuit, so as Catherine points out, there may have been some type of plea bargain etc.

  4. #4
    Join Date
    Jun 2011
    Posts
    2

    Default Re: Can I Sue Washington State

    From what I know the only time Seattle police did anything was back in 2007. That was when I went to the police and ask for case to be charge. I was within the ten year staute of my crime. Again they said it was to latte. From what I know the only records they have is the 2007 that's it. I was told he committed rape of a child3, a class C felony against me. He was never charge never. I'm telling you I have no idea what the hell happen. I talk to someone in SIU and there is no case or charge against him. I look up his records nothing. Like I said there were a lot of mandated reporter and not one of them did anything. Could it be that my mother stop it from happening? He's on record stating he did have sex with me. His father knew about it his father is also a reverend. His father again knew his son was having sex with a minor. The state knew. I'm so at a lost of what happen? How did he get away with a crime? I have two lawyers looking into my case. I want to know where was the ball drop? GAL just took her check. She never help me out with nothing and the fact is I never even spoke to her never. Norm Maleng only got him for child support that's it. All my court paper are by default because I didn't know at that time that I was to sigh and return. Some how the case slip through the cracks.

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,077

    Default Re: Can You Sue the State for Not Prosecuting a Crime

    Quote Quoting mary love
    View Post
    1996 I became preganat with a man that rape me. I had a court appointed GAL and at that time Norm Maleng was going ather child support.I had a deputy prosecuting attorney. They knew my age and his age but did nothing. Is there away to get them for what they didn't do?
    Knowing your age and his age does not mean they had a viable criminal case that they could prove beyond a reasonable doubt. If you truly mean you were RAPED, that implies that someone forced sexual intercourse upon you through the use of force or fear. These are not always easy cases to make absent credible witnesses, and/or an admission to the act. Much of the time the defense is that the act was consensual and not done through force or fear.

    Clearly, we have no idea of the strength of the case against the suspect. But, the state has complete prosecutorial discretion in these matters. If they failed to prosecute in 1996, or prosecuted but were unable to get a conviction, it may be all over as far as a criminal case. If they did not have a strong case 14-15 years ago, it will only be weaker now. I suspect you can still pursue the man for child support if for nothing else.

    t. And that was it. I thought both were mandated reported. The man never went to jail nor was cps call. The state let him get away with the rape. I was 14 he was 22. I tryed to press charges but the Seattle police did nothing.
    How do you know they did nothing? If you or your parents reported it, chances are they at least took a report. But, if the suspect denied the act and there was a lack of objective proof, the case becomes very difficult. At that point a prosecutor has to make a judgment call as to whether the case can be proven beyond a reasonable doubt or not. If it cannot be proven, then they may not pursue it.

    No one called cps. The ball drop. He got away with rape of a child.
    How would CPS have helped? If you were raped (sexually assaulted by the use of force or fear) then unless your attacker was a caregiver or someone close enough to the family to be an ongoing threat, it may not have been an issue for CPS.

    Can I do a civil suit agaist the state for neglect? Now I have major issues. It still gets to me. Everything I went trough is all on paper. I can prove damaged.
    While the state has no apparent obligation here, you may still be able to sue your alleged attacker. But, the same evidenciary issues will arise. How will you PROVE that he RAPED you?

    Quote Quoting megghegg
    View Post
    Mary Love,

    I feel for you. This is just an outrage that the state allows this kind of conduct among prosecutors and law enforcement.
    And just what "kind of conduct" do you think occurred here? All we might know is that for whatever reason the suspect was either not prosecuted, or was not SUCCESSFULLY prosecuted. No matter the emotions involved, the state must still prove its case beyond a reasonable doubt. A mere accusation is not legally sufficient to condemn.

    I've seen others horrifically victimized by officials of the state, and agencies that are supposed to uphold law and protect victims are instead assisting city, county, or state officials to allow the derailment of cases and obstruction of justice - corruption is RAMPANT!!!
    Tell us, what motivation would law enforcement, prosecutors, and the courts have to let rapists go free? I'd really love to hear that one.

    There are few crimes that result in a truly euphoric sense of accomplishment for law enforcement than to successfully collar and prosecute a sexual predator. No officer or prosecutor is going to allow a rapist to go free if he has the possibility of prosecuting him.

    I'd like to know more about your case, as I'm working with a Washington State representative to hopefully get some legislation passed to make prosecutors accountable. Feel free to contact me by email to discuss!
    And what legislation would you like to see? Mandate prosecutors to pursue a case even when they know they cannot mean the legal burden of proof (proof beyond a reasonable doubt)? Force the police to arrest accused sex offenders without anything more than the allegation? What exactly would this legislation you envision entail?
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

    1. Sponsored Links
       

Similar Threads

  1. Drug Possession: Charged With a Drug Crime While Traveling in Another State
    By OhBoy65 in forum Criminal Charges
    Replies: 1
    Last Post: 05-27-2011, 06:29 AM
  2. Sentencing: If You're Convicted of a Crime But Live in Another State, Where is the Penalty Served
    By goldwentgray in forum Criminal Procedure
    Replies: 5
    Last Post: 05-09-2010, 05:36 AM
  3. Perjury: Is Perjury Only A Crime Against The State?
    By puppetjr in forum Criminal Charges
    Replies: 1
    Last Post: 12-04-2007, 09:01 PM
  4. Retail Fraud / Shoplifting: Prosecuting Shoplifters
    By bam! in forum Criminal Charges
    Replies: 2
    Last Post: 10-24-2006, 01:41 AM
  5. Police Conduct: Is it a crime to record a police officer commiting crime
    By Guilty Or Not Guilty in forum Police Investigations
    Replies: 2
    Last Post: 06-07-2006, 09:11 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Find A Lawyer - Free, confidential referrals.
Legal Forms - Buy easy-to-use legal forms.




Untitled Document