Police don't help, immediatly following sexualy assault

[luv2hunt]

A little background: I'm a 23 yr male from a very small community, where most of the police know of me personally because of past encounters and word of mouth. I was sexually assaulted after a night of drinking by another man, whom I know pretty good. Minutes after this happened I had the police called. I was pretty much devastated that this had happened and was naturally very emotional and was crying hysterically.

The responding officers came to the persons house that called the police (where I had ran to for help) I had made it very clear that I had just been assaulted by someone I knew. I made it very clear to both the police and the person that called the police. They asked me a few questions but they seemed to be more concerned about how much I had been drinking and whether or not I had been using drugs. I had told them that I was at the bar with this person that I knew and afterwards we went to his house which was where he had assaulted me. I gave them the name of the individual and the location of where it occurred. The police never asked me if I wanted to go to the hospital. They didn't offer any suggestions as to what steps I could or should take in order to have this man arrested and charged. They didn't go to the suspects house or even bother trying to contact him in anyway that night. They just kept asking about drug use and other irrelevant questions. After they were done taking notes and asking questions, they searched me and to my surprise took me to my house. I ran inside as soon as I was let out of the vehicle. But my dad was there and the police just told him I was found drunk and hysterical for no-known reason. They didn't take or offer me to make a police report. I had to have my mom take me to the hospital the next afternoon for a sexual assault exam. There was no followup with the police department until we insisted that they do something about it.

Now many months later, I have started looking into the case again. Now the police are twisting all the information I had given them that night. The police reports are written in a way that highlights my drunkenness and almost completely disregards the reason the police were called in the first place (because I had been assaulted). It is obvious that in the reports they are trying VERY hard to discredit everything I had said. I really need help with this. Any advice on how to go about handling a lawsuit against your local police department would be greatly appreciated. This has been the hardest thing I have been through, and being discredited and treated like a liar by the people I expected would help me through all this, just makes it hurt all the more.

Is this grounds for a lawsuit for police misconduct?

 

[CdwJava]

First off, what state are you in?

Second, get counseling to help you cope with the ramifications of the assault.

Third, what is the nature of the sexual assault? Was it forced anal intercourse? If so, what was the force or coercion used?

Fourth, even if what you believe you told the police was misinterpreted by them this is not generally grounds for a lawsuit. And, if you were under the influence of drugs or alcohol, it may be that your statement was disjointed.

In any event, you are certainly free to sue your attacker even if the police take no action against him whatsoever. And if the police have forwarded the report to the prosecutor for review, you can also contact the prosecutor's office to advise them of where you believe the police report was wrong. One handy way to do this is to write out in some detail the events of the night as that will leave no room for misinterpretation.

 

[Zigner]

And fifth...how long ago did this actually happen?

You have a finite amount of time to file a claim with the municipality regarding the police conduct. If you are outside of that window, you can't sue the police/municipality to begin with.

 

[luv2hunt]

1st - I'd rather not say what state I'm in

2nd: I am currently seeking counseling

3rd: It was forced oral sex on me. Physical and verbal force was used. (sorry I would give more detail but don't want to disclose to much, as I'm in the middle of a trial)

4th: That's the problem. I clearly remember saying crucial details in a clear coherent sequence (as does a witness). It's the incidence reports that were filled by the police, that had all the details jumbled into incoherent nonsense.

Here's another fishy thing about this: The next day my mom talked to an officer that was on patrol (was not one of the responding cops) about the situation. The cop had pulled up the details of the incidence and was completely oblivious to any sexual assault allegations. There was just a report saying that I was found drunk and hysterical with out saying why. My mom told the officer that she was taking me to the hospital to have an exam done since no-one offered to do so the night before. After the cop was informed about the sexual assault, he had reported it to their detective for sex crimes.

The detective had called me and gave me very clear instructions on where to go and what to do for the exam. She also then took a very detailed report from me (somehow the cops from the night before didn't do any of this). It wasn't until after I made this report that we had received the hard copy of the incidence report. The report was chalked up to sound like it was just a drunken disturbance but had a note saying "it was later found that Mr. Soso was the victim of an alleged sexual assault" I have proof that I made it clear I was assaulted from the second they showed up. The police were called because I was found on the ground, very distraught & crying "he raped me" over and over.

So how can they legally avoid any details that would have pertained to the real problem, and then totally inflate the "me being drunk and hysterical" situation? There plenty more discrepancies, just on the report's alone, that I can prove. BTW: one of the officers that showed up, went to high school with me, and he was the only cop that didn't make a written report.

What's the time frame when dealing with these kind of suits? If I can prove the police had lied or rearranged certain details in the reports, could they still be punished and possibly fired even if the time frame is passed?

 

[CdwJava]

1st - I'd rather not say what state I'm in

Then any help you might receive would be severely limited because laws vary a great deal by state - including laws concerning mandated reporting.

2nd: I am currently seeking counseling

That's good.

3rd: It was forced oral sex on me. Physical and verbal force was used. (sorry I would give more detail but don't want to disclose to much, as I'm in the middle of a trial)

I thought you said that they did not take action? So, they DID arrest and/or charge him with a crime? If so, what would you possibly have to sue the police about???

4th: That's the problem. I clearly remember saying crucial details in a clear coherent sequence (as does a witness). It's the incidence reports that were filled by the police, that had all the details jumbled into incoherent nonsense.

Apparently they recall it differently than you do. If you were impaired, your recollection of your articulate performance may be somewhat off. Of course no law requires they conduct a competent investigation even if they might be required to conduct a criminal one. But, without knowing what state you are in, even that defies evaluation.

Here's another fishy thing about this: The next day my mom talked to an officer that was on patrol (was not one of the responding cops) about the situation. The cop had pulled up the details of the incidence and was completely oblivious to any sexual assault allegations. There was just a report saying that I was found drunk and hysterical with out saying why. My mom told the officer that she was taking me to the hospital to have an exam done since no-one offered to do so the night before. After the cop was informed about the sexual assault, he had reported it to their detective for sex crimes.

That tells me that your statements the previous night may not have been so clear concerning a sexual assault. But, the police DID appear to take action and if the matter is going to trial then the system appears to have worked to your benefit.

What's the time frame when dealing with these kind of suits? If I can prove the police had lied or rearranged certain details in the reports, could they still be punished and possibly fired even if the time frame is passed?

Time frames for civil suits or even personnel complaints vary by state. Since you will not provide that info, we have no way to know whether that time has passed.

Again, you do not appear to have a suit against the police, but you likely have a good one against your attacker. That one will also require a claim and a filing to be made within a specific period of time ... depending on state law. Unless you can provide convincing and conclusive proof that the police lied and made up what they wrote (and imply some motive for their doing so) no lawsuit against them would stand a chance. Plus, you will have to articulate how you were injured by their actions. Since the police DID take the report and pursue the case the next day, it would seem that your damages might not exist. The agency might consider investigating the officers for incompetence or dereliction of duty, but that does not necessarily give rise to a claim by you. But, you can certainly speak with an attorney about how much it might cost to roll that dice ... provided some grounds for a claim can be identified.

 

[stealth2]

A little background: I'm a 23 yr male from a very small community, where most of the police know of me personally because of past encounters and word of mouth.

I can't hep but think that the trial OP is talking about has to do with HIM being on trial for something, rather than his alleged attacker.