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Sexual Assault By a Government Official

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  • 12-05-2008, 07:23 PM
    cdwjava
    Re: Why Haven't My Lawyers Filed the Lawsuit Yet
    Quote:

    Quoting msjones31
    View Post
    How often did this deputy make off-duty runs to deliver documents? I think my lawyers are trying to find out. But just from talking to him I would "guess by the ease of which he did it that he has done it before"

    This is bad policy, and would - in my mind - be grounds for discipline by itself for a HOST of reasons (FLSA laws and officer safety among them).

    Quote:

    Was your place on his way home or was it out of the way? I found out that it was completely out of his way. He lives close to Los Angeles. My attorney's found that out.
    That plays against him big time if he was OFF duty and no on the clock.

    It could also be an issue as to whose idea it was to bring the papers TO you? His? Yours? Your fiance's?

    Quote:

    He came in the house at 11:40 he spent time in his car my neighbor said she saw him fumbling around in his car, and then he talked to the neighbor for about 2 minutes.
    This might actually support a claim of a lack of criminal intent. After all, if he were trying to be sneaky, he would have parked the car in a hidden location and would have avoided contact with anyone ... and, had he really wanted to be on the Q.T. he would have changed into street clothes.

    Quote:

    at 1:00am I pushed him off of me and told him it was my mom calling to check on me and that she lived in the apartments next door and that if I didn't answer she would come over. pushed his gun belt and clothes out of the way and went into the living room and answered the phone.
    Then the question becomes, "If you could push him off so easily at 1 AM, why not before that?"

    This does not seem to support a claim of force or fear. Your conversation with the person on the phone could also be important ... they should ask if you sounded afraid, scared, happy, normal, odd, etc. If no mention was made of a sexual assault, and if no unusual comments or tone of voice was identified, then that plays against your claims.

    But, please note that I do not intend for you to post each and every action or what he did, I am just pointing out that this particular instance potentially weakens a criminal case.

    Quote:

    When I came back into the room he was half dressed and out the door within 5 minutes. He had only slapped me twice and left small bruises on my behind, I wasn't doing what he wanted so he got frustrated and smacked me hard enough to sting.
    Not proof of rape as it can be explained as exuberance or a form of sexual play. "Spanking" can be a common activity in some relationships - and two swats are not going to be particularly egregious or threatening.

    Quote:

    I went out to make sure he left and I locked the gate after he walked out, I tried to see his car but all I could tell was it was an small suv. He blacked out his lights when he left. It was not a police car.
    If he was NOT in a county car, that can play against him.

    As I see it so far, I see a potentially good claim for a "Sustained" finding in an internal investigation for a number of procedural violations even if forcible sexual activity can not be shown. An argument MIGHT be made for termination based upon his actions, but that would depend on a few other factors.

    A criminal case is going to be tough absent some serious breakthroughs in any investigation.

    - Carl
  • 12-05-2008, 10:19 PM
    msjones31
    Re: Why Haven't My Lawyers Filed the Lawsuit Yet
    Thank you Carl.
  • 12-05-2008, 10:27 PM
    cdwjava
    Re: Why Haven't My Lawyers Filed the Lawsuit Yet
    Quote:

    Quoting msjones31
    View Post
    Thank you Carl.

    Good luck.

    And, above all, look into some counseling for yourself to help you deal with the trauma you might be feeling. Don't wait for any kind of a legal resolution before you begin seeking assistance.

    If the police investigated and opened a case file on this crime (and they should have), you should be eligible for services from your county's Victim-Witness program. Call them up and see if they have any record. If not, and if you are not eligible for some reason, then ask if they can refer you to a local program for counseling or assistance.

    - Carl
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