Too slow?

[Thuan2k]

Cutting to the chase, my g/f was sexually assaulted by her ex-husband. We called the cops and went to the hospital to do all the tests and get the evidence. The nurse that was helping us at the hospital said that you can tell it was forced. Also let me say that this hasn't been the first time he has done this. Before I met her, he was put away twice for doing the same thing to her. So the cops went to his house and didn't arrest him because obviously he said that it was consensual. It's been about two weeks now and we're getting no where with the case. Shouldn't he be arrested and put away by now? Anyone know why it would take this long? Doesn't it take about 48 hours to process the evidence?

 

[Kane]

There are two possibilities. One is that there's more to the story than you're telling us, and that the police don't believe her story.

The other possibility is that the police where you live are lazy and/or corrupt, and don't care about investigating sexual assaults.

Btw, a medical examination can show whether or not a person has been injured, but it can't tell whether or not a sexual encounter is consensual.

 

[Heather2]

Doesn't it take about 48 hours to process the evidence?

It took months in my case. Depends on how behind they are on processing evidence.

 

[seniorjudge]

Cutting to the chase, my g/f was sexually assaulted by her ex-husband. We called the cops and went to the hospital to do all the tests and get the evidence. The nurse that was helping us at the hospital said that you can tell it was forced. Also let me say that this hasn't been the first time he has done this. Before I met her, he was put away twice for doing the same thing to her. So the cops went to his house and didn't arrest him because obviously he said that it was consensual. It's been about two weeks now and we're getting no where with the case. Shouldn't he be arrested and put away by now? Anyone know why it would take this long? Doesn't it take about 48 hours to process the evidence?

Before I met her, he was put away twice for doing the same thing to her.


The cops are not in a real big hurry.

 

[Thuan2k]

Now what?

OK, now I called back the detective and he told me that the prosecuting attorney doesn't want to take the case and isn't taking it seriously because the prosecuting attorney doesn't like the case. He said that her exact words were, "Of coarse her ex-husband's DNA is gonna be found because they had sex." Basically saying that she thinks the case is BS. We talked to the medical examiner and she said that from what she saw you can tell it was forced because my g/f's uterus was severely bruised. So what do I do now?

 

[Heather2]

OK, now I called back the detective and he told me that the prosecuting attorney doesn't want to take the case and isn't taking it seriously because the prosecuting attorney doesn't like the case. He said that her exact words were, "Of coarse her ex-husband's DNA is gonna be found because they had sex." Basically saying that she thinks the case is BS. We talked to the medical examiner and she said that from what she saw you can tell it was forced because my g/f's uterus was severely bruised. So what do I do now?

The police don't usually contact the hospital unless they take the case and need more evidence. At least that is how it was in my case.

 

[CdwJava]

Sex assault cases are VERY tough to prosecute. You have one woman (the ex-wife) saying that she was raped ... you have the suspect (ex-husband) saying it was consensual. Who do you believe?

A prosecutor has to go beyond simply who he believes; he has to also consider what he can PROVE in court. Right now he can likely prove they had sex. But, can he prove that it was not consensual? Probably not.

Consensual relations can be rough relations. The presence of trauma to the uterus does not prove forced sex. There ARE couples out there that "like it" that way.

And here is the the rub ... will the medical practioner state - UNDER OATH - that the ONLY way the bruising could have occurred was by forced sexual intercourse? I doubt it ... because she would be lying. Such an examination can tell that the contact was aggressive and traumatic, but it can NOT tell if it was consensual or not.

The way to defeat a rough sex argument is to go back and interview those that have known both parties, and to interview others with whom they have had relations, and try to determine if one or both of them was IN to those kinds of relations. And getting witnesses to come forward with that kind of info is pretty tough.

Don't be surprised if the case never goes before a jury. A DA will only go forward if he statnds a chance of conviction. No chance means no trial.

- Carl

 

[seniorjudge]

OK, now I called back the detective and he told me that the prosecuting attorney doesn't want to take the case and isn't taking it seriously because the prosecuting attorney doesn't like the case. He said that her exact words were, "Of coarse her ex-husband's DNA is gonna be found because they had sex." Basically saying that she thinks the case is BS. We talked to the medical examiner and she said that from what she saw you can tell it was forced because my g/f's uterus was severely bruised. So what do I do now?

So what do I do now?

I'd ask your girlfriend for a few more details on what really happened.

 

[Gadfly]

Well let's see. . .the state is not in a rush to take action (if ever). . .what to do. . .how about spend some money and HIRE an attorney to represent your girlfriend?

How about moving your girlfriend to a city far removed from where the ex is?

Better yet . . .do both!

 

[Thuan2k]

Well, I wish we could move but the thing is she has shared custody of the kids. We have a restraining order against him now. This guy has done this not only to her, but 3 other women he was recently invovled with. The detective was telling me that this was a state trial and the state was pressing charges, if it doesnt work out, can't she press charges herself? We're in the process of getting a lawyer. Gotta come up with some money first.

 

[CdwJava]

Well, I wish we could move but the thing is she has shared custody of the kids. We have a restraining order against him now.

Actually, I imagine SHE has the restraining order with you listed as another protected party.

This guy has done this not only to her, but 3 other women he was recently invovled with.

And the status of the cases against him for those assaults, is ... ????

The detective was telling me that this was a state trial and the state was pressing charges, if it doesnt work out, can't she press charges herself?

No. The state (through the DA) will always be the one who presses charges. If they do not have enough to take it to trial, nothing she can do can force them to do so. A dog (of a case) is a dog, no matter how you groom it.

I do not believe you have mentioned what state this was in.

- Carl

 

[Thuan2k]

We're in washinton. he pleaded guilty 3 times for my g/f's rape charges, once for one of the other girls, and the other two he plea bargained it to 2nd degree assault. and actually no, im not on the restraining order. I'm not afraid of him doing anything, I wish he would try, I'll take a bullet or a stab to ensure that he's in jail and that she and her kids are safe.

 

[CdwJava]

We're in washinton. he pleaded guilty 3 times for my g/f's rape charges, once for one of the other girls, and the other two he plea bargained it to 2nd degree assault. and actually no, im not on the restraining order. I'm not afraid of him doing anything, I wish he would try, I'll take a bullet or a stab to ensure that he's in jail and that she and her kids are safe.

Now I am really confused ... he has already pled guilty, yet you are asking when he is going to be arrested?

It sounds like he might simply be out on bail pending sentencing ... unless this is a NEW case.

- Carl

 

[Two Bit]

Those were earlier cases were he's pled guilty ot been convicted.

 

[CdwJava]

If this guy has a pattern of behavior like this, then it would be reasonable to assume that they will come after him if they can prove the case.

- Carl