What Are Proper Investigative Procedures for a Rape Case

[fancypants67]

My question involves police conduct in the State of: Idaho. A few months ago I was working my usual daytime bartending shift where I was to get off shift at 9pm that night. Long story short, I either drank to much or was drugged because close to 6 hrs of that night is missing. From about 7:30pm til close to 2am are gone except for a few memories that are scattered. I remember working, then reclined in a passengers seat of a car while one of the regulars from the bar was driving, laying on a bed with him over top of me, then awakening again on a bed to finding no one in the room and taking that opportunity to escape. Roaming the streets completely nude, I was found by a brother and sister who were on their front porch and saw me. They called police and took me home. I was scared and didnt report it with police til 2 days later where I was taken to the hospital for a thorough exam. My medical report showed physical evidence of sodomy along with bruises covering my body and a black & blue swollen eye. 411No signs of a date rape drug for the doctor said if there was anything it would have already been outta my system since it had been 2 days since. The clothes that I was wearing that night were returned to the bar by the customer that same night the assault took place. From what the bartender said(the bartender that took over my shift) he was acting strange and told a few different stories of his version of that night.
Anyway the detective working on my case never compenscated the security tapes from the bar I was working to see my condition when I left, what time I left, etc. Now the tapes are recorded over. He never talked to the people who found me that night and told me he cant even find out who they are or where they live, even though they called the police that night. He never talked to the bartender that took over my shift that night and was there when the customer returnes my clothes. He says the medical report repirting rips and tears showing signs of sodomy(the nurses even took pics of this) doesnt prove anything alone. There are a few other things that I dont think is good practice but mostly this sums up a good part of it.
Does this sound like the detective is doing his job? Or should I be concerned of his lack of detective work?

[jk]

Anyway the detective working on my case never compenscated the security tapes from the bar I was working to see my condition when I left, what time I left, etc. Now the tapes are recorded over.

there is no reason you could not have gone to the boss and said, "hey, can you save the tapes from the night I was raped?"

He never talked to the people who found me that night and told me he cant even find out who they are or where they live, even though they called the police that night

did they leave their names? iDid the police pick you up from their house? If so, it would be in a report somewhere. The dispatcher would have had to send them to some address.

He says the medical report repirting rips and tears showing signs of sodomy(the nurses even took pics of this) doesnt prove anything alone.

He's right, it doesn't.

Or should I be concerned of his lack of detective work?

based on what you said, sure but all we have is your version of the events.


so, what did the bartender that took over for you say about you leaving an hour and a half early from your shift?

and drinking on the job? Seriously?

your claim is the rapist is a regular so, what is his name? did you give his name to the cops and say "that't the guy that raped me!!!!"

this makes no sense:

They called police and took me home. I was scared and didnt report it with police til 2 days later where I was taken to the hospital for a thorough exam.

You didn't report what? They show up to pick up a naked woman that was walking down the street with a bruised face and disoriented and they didn't ask why? Your response was?

[fancypants67]

I didn't want to write such a long, detailed explanation of my expeience before finally getting my question out that I wanted to ask. But hopefully, this will explain things much clearer so I can hopefully get an intelligent response. first off my boss was asked to turn over the tapes and he refused. I asked the detective about this andhe says he talked to my boss and that he has the tapes but the monitor is broken and as soon as it is fixed he can see the tapes. The new owners of the bar are shady and has pulled things like erasing tapes or recording over them to hide their own wrong doings. By the way, this isn't a typical bar, it is a gentlemans club. anyway just recently the detective informed me that the tapes are recorded over. Secondly, the people that have found me called the police after I was dropped off because the cops did not show up at my house til after they were gone. I didn't get there names I don't remember what they look like and I can't remember the car they drove me home inor where they even live. I barely remember talking to the police, they were asking me questions and were also asking me questions about my boyfriend because he went down to the bar looking for this guy and raising a bunch of hell til the cops were called on him. I told the please I didn't remember what had happened that night. I didn't file any charges that night because I was scared and confused and embarrassed and tired. 2 days later with the help of a friend I went and filed charges and went to the hospital for medical exam.
As for what the bartender(the one that relieved me of my shift) had to say about me leavin 1 1/2 hrs before the end of my shift,....is something you lost me on. Where did I say that at? How would what the bartender had to say bout me leaving 1 1/2hrs before my shift be even relevent? Makes no sense, Because, I worked my whole shift. Not sure exactly when I left. From what Ive heard from a few different people, the times of when i could have left vary from bout 9:10-9:40pm. To respond to the drinking on the job comment, we were encourged to drink. Employees were told not to refuse a drink from a customer. So much so, that if you didnt want to drink or was to drunk to drink anymore, then you set it up in advance with the cocktailers and bartenders to make you "fake" shots and drinks. This is all done behind the customers back so the bar can still collect full price of what ever "shot" or "drink" you might have ordered. I never agreed with the whole "fake" drink thing. Its basically stealing from the customers and on top of it, after serving some of these customers for years and considered some of bthem friends. Some people are a little ignorant when it comes these types ofestablishments and the workings of it. And last, of course I gave them his name. I think him and my boss are the only ones he interviewed. I asked him bout the other bartender and he hasnt talked to her because he doesnt have her phone # and cant find it in their system, so he asked me if theres some way I can get it for him. Hopefully that will explain some things. Thank you for your time.

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I dont know if this really even matters, I wouldnt really think so, but obviously, you never know. So, just ro clarify, this gentlemans club is not a nude club. It is a bikini bar. They have girls that dance in bikinis.

[drthyrd]

I didn't want to write such a long, detailed explanation of my expeience before finally getting my question out that I wanted to ask. But hopefully, this will explain things much clearer so I can hopefully get an intelligent response. first off my boss was asked to turn over the tapes and he refused. I asked the detective about this andhe says he talked to my boss and that he has the tapes but the monitor is broken and as soon as it is fixed he can see the tapes. The new owners of the bar are shady and has pulled things like erasing tapes or recording over them to hide their own wrong doings. By the way, this isn't a typical bar, it is a gentlemans club. anyway just recently the detective informed me that the tapes are recorded over. Secondly, the people that have found me called the police after I was dropped off because the cops did not show up at my house til after they were gone. I didn't get there names I don't remember what they look like and I can't remember the car they drove me home inor where they even live. I barely remember talking to the police, they were asking me questions and were also asking me questions about my boyfriend because he went down to the bar looking for this guy and raising a bunch of hell til the cops were called on him. I told the please I didn't remember what had happened that night. I didn't file any charges that night because I was scared and confused and embarrassed and tired. 2 days later with the help of a friend I went and filed charges and went to the hospital for medical exam.
As for what the bartender(the one that relieved me of my shift) had to say about me leavin 1 1/2 hrs before the end of my shift,....is something you lost me on. Where did I say that at? How would what the bartender had to say bout me leaving 1 1/2hrs before my shift be even relevent? Makes no sense, Because, I worked my whole shift. Not sure exactly when I left. From what Ive heard from a few different people, the times of when i could have left vary from bout 9:10-9:40pm. To respond to the drinking on the job comment, we were encourged to drink. Employees were told not to refuse a drink from a customer. So much so, that if you didnt want to drink or was to drunk to drink anymore, then you set it up in advance with the cocktailers and bartenders to make you "fake" shots and drinks. This is all done behind the customers back so the bar can still collect full price of what ever "shot" or "drink" you might have ordered. I never agreed with the whole "fake" drink thing. Its basically stealing from the customers and on top of it, after serving some of these customers for years and considered some of bthem friends. Some people are a little ignorant when it comes these types ofestablishments and the workings of it. And last, of course I gave them his name. I think him and my boss are the only ones he interviewed. I asked him bout the other bartender and he hasnt talked to her because he doesnt have her phone # and cant find it in their system, so he asked me if theres some way I can get it for him. Hopefully that will explain some things. Thank you for your time.

- - - Updated - - -

I dont know if this really even matters, I wouldnt really think so, but obviously, you never know. So, just ro clarify, this gentlemans club is not a nude club. It is a bikini bar. They have girls that dance in bikinis.

OP, if you have not identified a counselor please do or call 1 800-656-hope. I understand your frustration with the police, but consider how the criminal justice system works. It works on evidence and convictions require proof beyond a reasonable doubt. In cases of rape, the central issue is one of consent. When you have only spotty memory of an event, it makes it hard to counter someone else's claim that you gave consent. I am not suggesting you did consent, but rather how do you PROVE that you didn't give consent. The burden is on the State prosecuting the case to prove guilt, not for the defendant to prove innocence.

Furthermore, the fact that you cannot recall a lot of the evening makes this a very difficult case for the police. The fact you waited several days to report means less evidence. And while the tapes might have provided circumstantial evidence ot point to a perpetrator, it would not necessarily be enough for a conviction because all it really proves is whom you left the bar with that night. It doesn't prove a rape occurred. None of this makes you less of a victim but a prosecutor would do you a disservice to place you through a trial if the evidence is not remotely strong enough for conviction.

Please strongly consider counseling and therapy now rather than finding years from now you regret not getting help sooner. I wish you peace and all the best and I am so sorry for your experience.

[fancypants67]

Thank you very much.

[cdwjava]

I concur with what drthyrd had to say and counseling. No matter what might happen with regard to the police, this is something you will need.

Based on your second post it is clear why the police did not speak to the people who found you - they do not appear to know who they are. Unless they left contact info when they called the police, how are they supposed to find them? Also, if they called the police and they showed up at your house, your apparent refusal to make a statement to the police when they showed at your place further complicates the matter. If you told the police at that time that nothing happened, then later reported you were raped, you provide the defense with built in reasonable doubt (to some degree). While your reticence CAN be explained by an expert in the trauma of sexual assault, your conflicting statements or actions will make prosecution more difficult.

As for the "tapes" at the business, are they truly video tapes? Or, is it a looped digital recording system? Either way, absent a subpoena or search warrant, the owner of the club is under no legal obligation to turn over the recordings. And if they show bartenders drinking on the job (likely a violation of state liquor laws) they are almost certainly not going to want to keep these recordings around for long.

There may be more the investigator could have done, but the case will be tough to make no matter what he does.

Good luck.

[fancypants67]

Thank u, all good info that I need to know.