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  1. #1
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    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
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    Default Re: Why Haven't My Lawyers Filed the Lawsuit Yet

    Quote Quoting msjones31
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    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
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    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
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    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
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    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.

  7. #7
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    Default Re: Why Haven't My Lawyers Filed the Lawsuit Yet

    So ... who IS (or was) investigating the criminal aspect? It SHOULD be the agency with jurisdiction where the crime took place. If they tried to pawn it off on LA County, then someone at your local agency needs to get severely spanked, re-educated, or terminated.

    - Carl

  8. #8
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    Default Re: Why Haven't My Lawyers Filed the Lawsuit Yet

    The people that investigated it were in my county, but this happened only after the DA was woken up in the middle of the night and did some yelling.
    The investigators were not very nice. They interviewed me 4 hours after getting out of the hospital. I was given Morphine and Adivan at the hospital by injection and I was also taking zanax once I got home. I had been awake for over 24 hours and when I got to the police station I told them I was tired and medicated and they questioned me for 3 hours and treated me like the criminal. They also told my rape advocate she couldn't be in the room. They said they had some new evidence and she couldn't be in there. The new evidence they had was that I had numerous candles in my bedroom suggesting that I wanted sex. I repetadley told them that I had a in home massage scheduled the night of the rape and that is why I had candles plus I always have candles going in my house. I even gave them the phone number of my massage therapist and told them they could call him to confirm that he was coming to my home and they never called him. I felt victomized not only by the deputy who assaulted me but by the police who investigated the case. They brought me to tears in their interrogation room. They also had me try to call the officer from my own cell phone and when he didn't answer his cell phone which I had the number because he called me from it on the way to my home, they had me call his home phone which I didn't have that number and so when he picked up the phone I told him who I was and I started to tell him what the police recommended I say and he hung up on me. The police said it was probably because his wife was right there and he knew it was a set up. Then I asked the police " since I called him at home isn't he going to know I told on him?" they said probably. I said well what if he comes back to my house and hurts me or the kids or kills us. Can I get a restraining order. The police told me a piece of paper is not going to stop him from killing me. I was so scared. I know the police don't usually treat victims the way they did me and I know not all police are bad. My cousin works for the same dept that investigated my case but he works on the bomb squad. He is a good christian man, and even if he wasn't a christian I know he cares and he loves his job. I just felt like because he was a sheriff they took his word over mine. If it had been anyone else off the street they would have been in jail. I have not reported what happened to me to the media, but I would rather see him lose his job and go to jail for what he did, then file a lawsuit. Also my lawyers said that the reason it is taking them so long to file is that there were 2 other incidents in la county where deputy's did similar things. One officer followed a lady home and assaulted her, and the other they wouldn't tell me about. I just have to wonder if they are screening their new recruits good? The officer who assaulted me was new they said, he was with the dept 2 yrs.

  9. #9
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    Default Re: Why Haven't My Lawyers Filed the Lawsuit Yet

    Quote Quoting msjones31
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    The people that investigated it were in my county, but this happened only after the DA was woken up in the middle of the night and did some yelling.
    That's good.

    Can I get a restraining order. The police told me a piece of paper is not going to stop him from killing me.
    They should never have dissuaded you from seeking a restraining order. But, since the officers can not issue an EPO in this case, it would have been incumbent upon you to seek one - and they should have provided you with information to that effect.

    I just felt like because he was a sheriff they took his word over mine.
    A couple of observations.

    From the criminal investigation perspective, this would be a tough case. Both sides admit to sexual relations and both appear to admit that no force was used. You may have been scared or intimidated by his being a uniformed officer, but unless I missed it, he never overtly threatened you. This means it comes down to your word against his, and given the situation it is not unreasonable to infer a consensual relationship. It would be a very difficult criminal case to make.

    However, as a civil case, you might be able to make a case based upon inferences and circumstances. How often did this deputy make off-duty runs to deliver documents? Was your place on his way home or was it out of the way? How many calls did he place? How long was he at your home? What time did he get there? Where did he park his vehicle? Was it a personal vehicle or a county car? Did he advise his dispatcher of his arrival and departure times?

    I can think of a dozen more questions that might provide answers to show something nefarious occurred.

    Likewise, the internal investigation does not need to meet the same burden of proof as a criminal trial. I can see any number of reasons to discipline just on the facts as presented, and to terminate if any truth to the matter can remotely be substantiated.

    Also my lawyers said that the reason it is taking them so long to file is that there were 2 other incidents in la county where deputy's did similar things.
    Also, the state has up to three years to prosecute the matter (if they do prosecute), and the civil matter can be deferred until the conclusion of the internal investigation. So, you likely have time and I am sure your attorney knows the time constraints.

    I just have to wonder if they are screening their new recruits good? The officer who assaulted me was new they said, he was with the dept 2 yrs.
    There was a time in a couple of departments in CA (LAPD being one of them about a dozen years ago) where the agencies were passing candidates that had marginal or worse backgrounds - including psych exams that were less than stellar. Agencies that are as big as the LA County Sheriff or even the LAPD are going to make mistakes. When you deal with large numbers, you deal with percentages that are very likely to come to fruition. It's sad.

    Keep in mind that the overwhelming majority of officers do not want to work with a dirty cop. But, we are also very mindful of procedure with regards to accusations because the accusations are easy, and many officers have had careers ruined or cut short as a result of false accusations ... plus, there is a natural desire to believe that your own are pure as the driven snow. It's a bias that we all have ... I have rarely come across a family that believes another family member is guilty of child molestation or some other heinous act - they usually dismiss it or justify it. Bias is natural ... but, with the police and law enforcement, we cannot always afford such a prejudice in our investigations.

    Stay on top of the attorneys to seek answers from the investigating agencies (both criminal and internal) as well as the DA.

    - Carl

  10. #10
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    Default Re: Why Haven't My Lawyers Filed the Lawsuit Yet

    Carl you are very knowledgeable man. I just wanted to answer your questions and then I will stop picking your brain.
    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"
    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.
    How many calls did he place? Well I am not sure about the question. But I called to get info and he called me back from work and then I called there to make sure it was a cop coming to bring me papers and not an inmate, sometimes La county lets their inmate answer the phone. Then he called me when he was on his way. He used the emergency contact info to find my home. I had no idea that was how he knew my name or where I lived. My fiance put me down when he was in booking. He called when he arrived at my apt complex.
    How long was he at your home? He circled my apartments for about 15 minutes before coming in the gate he arrived at my house around 11:30pm if memory serves me right. 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. Once he came in he was there from about 11:45 until 1:05am my fiance had called from jail around 12:45pm and he didn't let me up to answer the phone but when he called again 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. I pushed his gun belt and clothes out of the way and went into the living room and answered the phone. 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.
    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.
    I am sure that there was no dispatcher notified when he arrived or left because he did not have a raido nor did he call anyone. Plus he was out of his juristiction and off duty from what he said. His exact words were " I can bring by the papers on my way home from work. I get off at 10pm." It can be up to an hour to an hour and a half drive from la to where I live.
    Let me know if you have other questions. Thank you so much Carl.

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