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  1. #1
    Join Date
    Jan 2010
    Posts
    3

    Default Constable Sexual Assault

    My question involves criminal law for the state of: Texas
    Ok i am going to try and make this as short as possible. Almost 2 years someone very close to me was raped by a Constable. The rape did not happen when he was on duty. She went to the hospital the day after it happened and filed a report the police were ready to pick this person up but she was afraid to press charges but the DA decided to press charges even though she did not want too but she eventully agreed to press charges. But he was never arrested just questioned. Fashfoward months later the case ends up going to grand jury but he is not indicted. She did not even know it was going to the Grand Jury until after it happened. My question is what can she do now ? I mean this person can arrest people while all along he is a rapist and get away with it. And what makes the situation worse is she lives in a somewhat small town and has run into him numerous time even after the day it happened.
    Thank you in advance for any advice.

  2. #2
    Join Date
    Jul 2009
    Posts
    249

    Default Re: Constable Sexual Assault

    Quote Quoting red688
    View Post
    My question involves criminal law for the state of: Texas
    Ok i am going to try and make this as short as possible. Almost 2 years someone very close to me was raped by a Constable. The rape did not happen when he was on duty. She went to the hospital the day after it happened and filed a report the police were ready to pick this person up but she was afraid to press charges but the DA decided to press charges even though she did not want too but she eventully agreed to press charges. But he was never arrested just questioned. Fashfoward months later the case ends up going to grand jury but he is not indicted. She did not even know it was going to the Grand Jury until after it happened. My question is what can she do now ? I mean this person can arrest people while all along he is a rapist and get away with it. And what makes the situation worse is she lives in a somewhat small town and has run into him numerous time even after the day it happened.
    Thank you in advance for any advice.
    It's a tough situation, and I don't have any realistic ideas for what she can do. She needs to have a very candid discussion with a lawyer, bringing with her all the evidence she has against him. And she needs to do it soon, because the longer the incident slips into the past, the fewer are her legal options.

    The good news for her is that because she has accused him of rape, he's on extra guard too. He knows anything he does to her risks being perceived as retaliatory. While that doesn't give her license to break the law and get away with it, maybe realizing that will help alleviate some of her anxiety. Especially since from your post it doesn't sound like he's taken any retaliatory measures against her or engaged in any harassing conduct since the rape.

  3. #3
    Join Date
    Jan 2010
    Posts
    3

    Default Re: Constable Sexual Assault

    Thank you for the reply. Well a few weeks after the raped occured he did call her at work and he asked if she was mad at him for what happened. She did call one lawyer after the cased went to grand jury and he pretty much said he could not help her. Since then she has been discouraged and basically feels that no one well help her. Also one other thing she feels that he has done it before but maybe that the other woman or women were too scared to come foward.

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Constable Sexual Assault

    Tell your friend to contact the nearest Rape Crisis Center.

    She will have access to counseling and advice for getting her attacker brought to justice. Sometimes, attorneys volunteer for these centers and give their time to rape survivors to help them get their attacker prosecuted.

    Either way, they will have more resources for her than simply trying to go it alone.

  5. #5
    Join Date
    Jan 2010
    Posts
    3

    Default Re: Constable Sexual Assault

    My mother has been in counseling since it happened. But no one really can help her in the legal aspect because the grand jury did not indict him.
    And even if she would go foward at this point she feels no one will believe her.

  6. #6
    Join Date
    Nov 2006
    Posts
    368

    Default Re: Constable Sexual Assault

    Bringing a Civil Suit comes to mind. Just like with OJ, you get to bring up things in a civil suit that can't be brought up in a Criminal Action. If you win, that would taint him and you would be able to file for a life time protection order from him.

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