Results 1 to 10 of 13

Hybrid View

  1. #1
    Join Date
    Dec 2008
    Posts
    12

    Default Sexual Assault By a Government Official

    My question involves civil rights in the State of: California
    I was raped by a los angeles county official, and I reported it to the police in my town which is not in los angeles county. The police investigated it and even though there was alot of evidence the police dropped the case and did not press charges. I contacted a lawyer who said he would take my case. They filed the claim for damages and it was denied 5 months ago. They keep telling me that they are going to file the lawsuit soon. But I know my statute of limitations is running out and I feel like my lawyer is just holding me off until it runs out and then I can't do anything. Can a lawyer do that? Why is it that the police protect the police and so do county officials. This cop had no right to rape me in my home in uniform with a gun while my kids were in my home. I feel so alone. I know that these things happen alot more than people know. Ladies if you have ever been sexually assaulted stand up for yourself whether it is a regular person or a person with authority like a police officer. If we don't stand up men like the one who raped me are going to get away with it. The judicial system is so screwed up. I want justice. I have nightmares, insomnia, fears about being alone, and I have lost my job among many other things yet nobody cares. IT IS A MAD SAD WORLD WE LIVE IN
    Does anyone have any advice?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Why Haven't My Lawyers Filed the Lawsuit Yet

    Quote Quoting msjones31
    View Post
    I was raped by a los angeles county official,
    As in forcibly raped? You were sexually assaulted by the use of force or fear?

    (I ask because a lot of people use the term "rape" to represent many things ... rape is a specific legal term and has a specific meaning.)

    The police investigated it and even though there was alot of evidence the police dropped the case and did not press charges.
    The police do not press charges, so if they investigated, it is likely that it was the District Attorney who decided there was no case, or that it was too weak to take to trial.

    When you called the police and the DA to ask about the case, what did they tell you?

    But I know my statute of limitations is running out and I feel like my lawyer is just holding me off until it runs out and then I can't do anything. Can a lawyer do that?
    Ask him why the delay?

    This cop had no right to rape me in my home in uniform with a gun while my kids were in my home.
    You said it was a county official ... so, this was a sheriff's deputy?

    If we don't stand up men like the one who raped me are going to get away with it. The judicial system is so screwed up. I want justice.
    Sadly, "justice" takes time, and justice is not perfect. I have no idea what evidence you might have or not have, but if the local law enforcement investigated and found insufficient evidence to compel a DA to take it to trial, not much can be done about that.
    You need to ask the criminal investigators what happened. Then ask the DA why they didn't take the case. Maybe, just maybe, the agency doing the investigation dropped the ball on this one ... maybe they didn't. But, you need to ask the tough questions or get your lawyer to do it.

    Your civil suit is tougher because there is no prosecution.

    - Carl

  3. #3

    Default Re: Why Haven't My Lawyers Filed the Lawsuit Yet

    In addition to Carl's excellent (as always) comments and questions, there are a few other questions whose answers might impact why the case doesn't seem to be moving or that make a successful prosecution difficult or unlikely.

    How quickly after the incident were police notified?

    Was physical evidence collected quickly, at a hospital or other facility by a trained Sexual Assault Nurse Examiner?

    Was the suspect in question a stranger, a casual acquaintance, a friend, an ex?

    Is the suspect saying that no sexual contact occurred at all, or admitting that it DID occur, but claiming that the activity was consentual?

    Since this suspect is an official, was the reason for his visit to your residence job-related (since he was in uniform) or did he claim it to be job-related?

    Do you know if the internal affairs division of his department did an investigation, and if so what outcome?

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Why Haven't My Lawyers Filed the Lawsuit Yet

    As a note, as a point of legality, if an internal investigation was conducted the agency is legally constrained only to advise the general findings, not the penalty imposed (if any).

    - Carl

  5. #5
    Join Date
    Dec 2008
    Posts
    12

    Default Re: Why Haven't My Lawyers Filed the Lawsuit Yet

    Hi thank you so much for answering my post. As to the first question, it was rape by fear. He had a gun, he put it infront of my bedroom door, there is alot to this story which I will not tell on a public post but i will in private. He did leave a couple of bruises on the side of my butt where he slapped me because I was not fully cooperating. I didn't fight back or scream because my kids were in the house and my son was awake in the next room, he was 7 at the time. This was a sheriff deputy. He was from La county, I from another county. He told me he was bringing me some paperwork. He was off duty but still in full uniform, he had his gun it it's holster. After the fact my neighbor told me she let him in the gate because he told her he was there to serve a warrant. The police were notified the following afternoon after my kids went to school. I did go to the hospital and have a rape kit and they did collect evidence from my home and the kit at the hospital. He left plenty of DNA. But he say's it was consentual. It was NOT. I did not want to have sex with him, I was scared for my life and my kids life's. He knew where I lived because I was on an inmates emergency release info. I did move. I had never talked to or met the deputy before. Internal affairs did investigate but they did not tell me anything. They were very nice. They sat with me at the hospital in the middle of the night. They had to drive from La to me. By the way, this deputy drove almost 70 miles to get to my house. Basically I had called to get info on my fiance who was an inmate at the jail and the officer told me he would bring me his early release papers. Please if you have anymore quesitons ask them. If they are private I will send you a private msg.
    Thanks

  6. #6
    Join Date
    Dec 2008
    Posts
    12

    Default Re: Why Haven't My Lawyers Filed the Lawsuit Yet

    To the ardvarc person, if you know of anyone who does counseling I sure could use that. I need to talk about it, I have nightmares, I can't sleep, and even though I have moved I still don't feel safe. If you want to know the truth, I and the rape advocate and the sexual assault nurse all felt that the police in my town were trying to sweep it under the rug. When I went into the hospital and my hometown police were called they did not authorize the rape kit, they interviewed me and then said it was la county's problem. Then when La county internal affairs got there they said it was my countys problem. Then the sart nurse got mad and said "they are protecting this cop and trying to sweep this under the rug" she called her boss who called the DA in the middle of the night who authorized the rape kit. I feel like they have been protecting the deputy all along and not me.

    1. Sponsored Links
       

Similar Threads

  1. Getting Fired: Wrongful Termination from Federal Government, Sexual Harassment and Retaliation
    By zxtastyxz in forum Employment and Labor
    Replies: 3
    Last Post: 11-21-2010, 07:53 AM
  2. Sex Offenses: Sexual Assault
    By ae3007c in forum Criminal Charges
    Replies: 1
    Last Post: 04-24-2010, 06:59 PM
  3. Sex Offenses: Sexual Assault
    By angry in forum Criminal Charges
    Replies: 2
    Last Post: 02-23-2010, 03:19 AM
  4. Sexual Assault Victim Arrested After Assault by Atlanta PD
    By cry4help in forum Police Investigations
    Replies: 1
    Last Post: 08-14-2008, 12:32 AM
  5. Sex Offenses: Florida sexual assault law
    By mallrat1945 in forum Criminal Charges
    Replies: 1
    Last Post: 12-19-2006, 05:59 PM
 
 
Sponsored Links

Legal Help, Information and Resources