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  1. #1
    Join Date
    Apr 2019
    Posts
    2

    Question What Can a Victim Do if They Disagree With the Prosecutor's Choice of Charge

    My question involves criminal law for the state of: Kentucky

    I am a victim of sexual assault, and I did go the legal route and filed with the police. I did my research on the laws of my state, and I am fully aware the sodomy in the third degree has to do with deviate sexual intercourse.

    It becomes questionable when the simple fact is: I was assaulted not anally, not orally, but vaginally.

    I found that sexual misconduct was a more appropriate charge for my case, but the lawyer claimed otherwise. I sought out a second opinion later on from the lawyer that was a district attorney rather than a county attorney, only to be told I couldn’t even speak to the district attorney.

    Months after filing, I still find myself angry at not receiving any justification or true answers as to why this would be better classified as sodomy in the third degree rather than any other charge that actually includes vaginal assault.

    Can someone help clarify this for me?

  2. #2
    Join Date
    Nov 2015
    Location
    47.606 N 122.332 W in body, still at 90 S in my mind.
    Posts
    1,418

    Default Re: Sodomy in the Third Degree - Questionable Charge

    What are you trying to accomplish?

    If you reported the crime to the police it's out of your hands. You are not the prosecutor and you don't choose what law was violated, that's the job of the prosecutor. The DA is the person who is responsible for the district and that is usually the county. It's not the DA's or prosecutors job to consult with you and they likely won't speak to you except in very specific controlled circumstance in order to protect the integrity of their case.
    "Where do those stairs go?"
    "They go up!"

  3. #3
    Join Date
    Oct 2016
    Posts
    3,287

    Default Re: Sodomy in the Third Degree - Questionable Charge

    Reach out to your state's Office of Victims Advocacy.

    https://ag.ky.gov/about/branches/OVA

  4. #4
    Join Date
    Apr 2019
    Posts
    2

    Default Re: Sodomy in the Third Degree - Questionable Charge

    It is not that I’m trying to accomplish anything in particular. It is merely me trying to understand the reasoning behind it when it seems as though the case doesn’t fit the criteria for the claimed charge. I am FULLY AWARE that the DA’s job and the job of the assistant prosecuting attorney is to find what fit with what. However, it is their job to help those who are involved understand to the best of their abilities their reasoning. I questioned the actions of the prosecuting attorney, despite me being the victim, and I did not receive an answer that brought clarity to me.

    My simple question is: why is it sodomy in the third degree if my assault was vaginal?

    It is not irrational to ask such questions, rather it seems to be a logical step. There’s nothing more I can do legally. I understand that. However I seek to fully understand my own case.

  5. #5
    Join Date
    Oct 2016
    Posts
    3,287

    Default Re: Sodomy in the Third Degree - Questionable Charge

    Follow the link I gave you.

    I agree that from what you have written and briefly reading the law that your attacker can't be convicted of the charged crime. BUT it might be part of a plea deal.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,098

    Default Re: Sodomy in the Third Degree - Questionable Charge

    And you expect us to know what was in the mind of the DA...how?

    I'm very sorry for what you've been through and I understand why you are questioning it. But the one to ask is the DA, or his office; we don't have anything like the amount of information we would need to even guess.

  7. #7
    Join Date
    Feb 2008
    Posts
    1,145

    Default Re: Sodomy in the Third Degree - Questionable Charge

    From personal experience, often they will charge what they think they can prove and while it may not sound like the right crime, often the legal terms are different from what we think they mean. Only your DA can tell you why they chose the charge that they did.

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