Re: Can You Sue the State for Not Prosecuting a Crime
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.
Quoting mary love
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.
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.
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 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.
No one called cps. The ball drop. He got away with rape of a child.
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?
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.
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.
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.
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!!!
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.
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?
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!
A Nor Cal Police Sergeant
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... and a croissant!"
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