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  1. #1
    Join Date
    Sep 2009
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    6

    Default D.A. Declines Case Despite a Full Confession

    This happened in the state of Alaska.

    Please help me. I don't know what to do.

    I'm just going to give the nitty gritty details as I need the best advice possible.

    I am the victim of a rape. I had consensual sex that night with my boyfriend, and later when he wanted to have sex again I said "no" and he held me down as I tried to fight him and he raped me.

    I was left with lacerations, abrasions, and contusions. I reported the crime within hours of returning to my house. There was plenty of DNA evidence plus the obvious physical ones. He made a full confession to the detective with a story I am told matches mine exactly except his is vague.

    Yet, yesterday I learned that the DA had declined my case. Why? Because she says if you've been having consensual sex with another and they suddenly decide to rape you that it is "hard" to prove to a jury.

    I don't see what is "hard" She has a FULL confession, photos of every single wound put on me, wounds that clearly indicated to my rape examiner that I fought like hell because of how deep they were... how can she drop the case? How can my word, his word, and evidence together not be enough in a court of law?

    Is that really likely? Is there nothing I can do to change it now?

    I am at my wits end.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: D.A. Declines Case Despite a Full Confession

    Is there a reason you're asking this question?
    Quote Quoting Koi
    View Post
    I called a local legal advocate agency and they informed me that DA's are completely unpredictable, as for example they just had a case where it went to the DA with a full guilty confession, evidence, everything, and the suspect moved not long after it was reported to the police, and when the DA got it he declined the case. The woman said she wasn't sure why it was declined, but that the suspect moving would have required more money spent to bring them back, and that might have helped in the deciding to decline it.

    My case also has a full guilty confession, and irrefutable evidence, but I am told I have cause to worry because the guilty party ran and my state doesn't like to spend the extra dollar to bring criminals back. That doesn't make sense to me. How could that be true?
    Are you hoping that because the D.A. didn't charge somebody else who confessed, they won't charge you?

  3. #3
    Join Date
    Sep 2009
    Posts
    6

    Default Re: D.A. Declines Case Despite a Full Confession

    Are you hoping that because the D.A. didn't charge somebody else who confessed, they won't charge you?
    Charge me with what? Did you not read what I said at all??? I am the victim. I find it really offensive that you posted that, after I just wrote a post on here detailing my rape.

    My only reason in asking that was my sincere hope is that the justice system isn't actually this messed up. My advocate at STAR (Standing Together Against Rape) has told me that my state is in favor of spending less money and willing to drop charges at random so they have less cases. This seems wrong to me. I want to know EXACTLY who to contact now.

    Where do I go? What do I do? The DA declined it, so what now? How do I get this man behind bars where he belongs? How do I start to change the system where they won't let guilty men walk free?

    Is there no one on here who can give me an actual answer to that?

    Does no one know?

  4. #4

    Default Re: D.A. Declines Case Despite a Full Confession

    The advocate is right, the system doesn't have the resources to pursue every case. The solution is simple: ask everyone to pay more taxes. People who haven't been victimized are often reluctant to dish out more cash to pay for case prep, staffing, court costs, and incarceration expenses for offenders on behalf of those who have (just like non-profit organizations get slammed and blasted for not providing more services, by people who never considered reaching into their pockets to support them).

    But for your case, there are other issues; the case isn't as clear cut as it would seem. If course YOU know what happened; you were THERE. But despite what anyone tells you, there fundamentally isn't such a thing as "proof" of rape - there is only proof of SEX. What makes a rape a rape is the mindset of the victim, and there is nothing under the sun harder to prove to a jury than mindset. Sure, the guy might have vaguely (your term) said that it might not have been fully consentual (the second time), but that's NOT the same as a full confession, and he's not about to go to arraignment and ask the court to "please lock me up" - he's going to ask for a trial. Even a full confession to police has nothing to do with a full confession to the COURT, and COURT is what counts. What can be reasonably proven at trial is a battery, you've got actual injuries and documentation of those injuries. But that's a far cry from being able to prove, to a jury, a rape. The defense will key on the vagueness, as well as bring in many other factors that might influence the case, such as suggesting that the statement that you're calling "confession" was coerced. And again, statements to police are possible evidence, they don't stand in for him giving actual testimony in court or pleading to the charge.

    Rape trials, where both parties consentually had sex earlier, most often end in either a hung jury or acquittal. In other words, DAs know going in that the liklihood for a win is minimal, and with limited resources to expend, they're forced to pursue cases they might win. Why? Because of mindset - this time of the JURY. The reality is that although publically everyone is ready to espouse how horrible this crime is, in the inner workings of thoughts a lot of people follow the mindset that the rapist acted on; that it's "not a big deal", or "why not just give in and get it over with", and even "you chose him to be your BF, so you OWE him sex"; and not just men but women too (even women who have been victimized and had sex forced on them too, because so often women are socialized to believe they OWE sex to a partner!). Heck, it's only been the last 5 to 8 years that SOME states would even recognize the POSSIBILITY of rape between married people; and even now in most states, unless those married people were legally separated, those cases don't make it to court either, for the same "mindset". The vast decline in marriage in our society in favor of pursuing relationships (including the sex) means that even when NOT married, juries tend to treat people who have been dating AS IF they were, and the mindset kicks in again.

    So it's understandible at some levels why the rape case isn't being pursued; but it's NOT understandible why at least a battery or aggravated battery case isn't being sought - rape or no rape, he beat you up, you've got injuries, and good documentation of those injuries. People in bar fights get charged for less. So you might want to ask about this aspect.

    Should that still not go anywhere, at the very least you might consider suing him in civil court for medical bills, pain and suffering, lost wages, and anything else you can come up with (ONLY if he has anything to actually WIN, if he's broke it does you no good). You should also talk to your advocate if you haven't already, about crime victim compensation - which isn't dependent on the case moving, only that you cooperated in reporting and investigating the crime. Do this quickly as all states have strict time limitations for you to file a claim.

    Finally, ours is a system of checks and balances where the different parties have someone else in the system who can hold them accountable for their performance. Courts can throw out evidence illegally or improperly gathered by police. A higher court can address issues from a lower court. For a DA, the case is a little different. No one can FORCE a DA to bring a case. The decision is totally and completely up to them. The check and balance for DAs comes via public opinion, public outcry, and gets addressed at the polls (since DAs are elected). But beware. Not just THIS DA, but the next and the next and the next will continue to face this same issue until and unless the larger issue where the PUBLIC mindset changes (again, BOTH men and women) such that it's simply not OK to expect, demand, or force sex from a partner.

  5. #5
    Join Date
    Sep 2009
    Posts
    6

    Default Re: D.A. Declines Case Despite a Full Confession

    Thank you, that was very helpful.

    As for his mindset, the day the DA called me she also called him and he posted a blog on myspace detailing the events, putting my full name, and bragging about it in a "look what I got away with!" kind of way. I printed out the page and handed it to the DA's paralegal and she said that that was "too bad" and she "guessed" she could call him and ask him to remove it. She said no matter what he does or posts online now, that the DA already made a choice. He certainly removed it by the end of the day, but I got a lot of harassment in the meantime for it.

    As for battery, when I asked the DA's paralegal she said the worst of my wounds that needed stiches were clearly rape inflicted wounds on my groin so she didn't think they would count as battery. She said he didn't mean to inflict the wounds, he just meant to rape me. My examiner said the wounds were a clear sign I was raped and I fought like hell.

    I'm told the actual DA is too busy to speak with me herself and concentrating on open cases. I am completely fed up, and sickend by this entire ordeal.

    I'm going to contact a lawyer soon and take him to civil court. I wasn't aware I could do that.

  6. #6
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: D.A. Declines Case Despite a Full Confession

    Yes, you can take him to civil court for damages. You can also ask the court for equitable relief, an injunction to take down that web page as an invasion of privacy. But it certainly helps you for a civil case, as it is an admission of liability. (If criminal, an admission of guilt.) Nothing is better than an admission from the defendant.

    You might also want to include the ISP hosting the page as a defendant (for invasion of privacy, libel) so you can get them to identify the owner of the site, who is paying for it, etc. That way he can't claim he didn't really put it up or doesn't own it. That way you have actual independent evidence that connects him to the web page.

    You also get to do discovery and that might let him dig his hole even deeper.

    A jury could give you a very substantial award.

    See an attorney, perferrably one that has done this sort of case before.

  7. #7

    Default Re: D.A. Declines Case Despite a Full Confession

    Work on applying for crime victim compensation FIRST. It has a rapid deadline and you'll loose access to that forever if the deadline passes.

    For suing him in court, Alaska statutes give you up to three years to bring your case (for misdemeanor sexual assault), and even longer (forever, actually) if the crime would have been felony sexual assault. Once you get the app done for compensation, contact the Alaska Network on Domestic Violence and Sexual Assault. They can refer you to an attorney who specializes in cases like yours and going after offenders - and they will try to get you hooked up with an attorney on a pro bono basis (meaning the attorney works for free or just for whatever the actual filing fees are with the court). You can find info at:

    http://www.probono.net/oppsguide/org...Sexual_Assault

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