My report to be ignored due to underage drinking

[Jenna93]

Unfortunately, a rape case will involve you greatly in the court process. As you are the only witness to the crime, you will likely have to appear at least twice at trial (once at a preliminary hearing if it is required, and then at trial), and you will be interviewed on the case multiple times, to be certain.

And even if there is no trial, this WILL effect you. You may not think about it now, but it WILL come into play as it is likely already swirling about in your subconscious right now, but you are simply keeping it under raps. You will almost certainly need the services of a therapist and the sooner you get into counseling, the better for you.

Now, get on the phone and start trying to get a hold of DV advocates or a rape crisis center so that they can help you get this to the police, and get you set up with services.

Well, if that is true, then I won't push the report. I'm already emotionally drained right now.

 

[justalayman]

Well, if that is true, then I won't push the report. I'm already emotionally drained right now.

then a rapist walks free and you will live with knowing you did nothing to make the rapist held accountable for what he did to you and who knows how many others. While it is difficult to deal with this as the victim, refusing to act now will make it impossible to act in the future. The case is already at a weak level. Waiting will only reduce the possibility of a conviction.

 

[las365]

You can get a physical exam and evidence collection without having to make a report immediately.

Under the Violence Against Women and Department of Justice Reauthorization Act of 2005, states may not

“require a victim of sexual assault to participate in the criminal justice system or cooperate with law enforcement in order to be provided with a forensic medical exam, reimbursement for charges incurred on account of such an exam, or both.”

Under this law, a state must ensure that victims have access to an exam free of charge or with a full reimbursement, even if the victim decides not to cooperate with law enforcement investigators. (Previously, states were required to ensure access to exams free of charge, but could put conditions on the exam, such as cooperating with law enforcement officials.)

Essentially, this law allows victims time to decide whether to pursue their case. A sexual assault is a traumatic event and some victims are unable to decide in the immediate aftermath. Because forensic evidence can be lost as time progresses, A “Jane Doe Rape Kit” enables a victim to have forensic evidence collected without revealing identifying information. For instance, in some states, victims are given a code number they can use to identify themselves if they choose to report the crime at a later date.

You can find a place to get an exam: http://centers.rainn.org/

It would be best for you to do this, it really would. It doesn't mean you have to ask the police (again) to investigate, but if you do decide to, there will at least have been evidence collected. And you can get a referral for some counseling, which I think you would benefit from. Some women (not all) have serious PTSD after a sexual assault. Give yourself the chance to get on with your life with as much help and support as you may need.

 

[Jenna93]

You can get a physical exam and evidence collection without having to make a report immediately.



You can find a place to get an exam: http://centers.rainn.org/

It would be best for you to do this, it really would. It doesn't mean you have to ask the police (again) to investigate, but if you do decide to, there will at least have been evidence collected. And you can get a referral for some counseling, which I think you would benefit from. Some women (not all) have serious PTSD after a sexual assault. Give yourself the chance to get on with your life with as much help and support as you may need.

Okay, thank you. I'm just overwhelmed right now, so I'm just confused and apprehensive as to what I should or should not do or what is best for me.

 

[CdwJava]

You can get a physical exam and evidence collection without having to make a report immediately.



You can find a place to get an exam: http://centers.rainn.org/

It would be best for you to do this, it really would. It doesn't mean you have to ask the police (again) to investigate, but if you do decide to, there will at least have been evidence collected. And you can get a referral for some counseling, which I think you would benefit from. Some women (not all) have serious PTSD after a sexual assault. Give yourself the chance to get on with your life with as much help and support as you may need.

Careful! State law may REQUIRE that medical personnel report possible sexual assaults. I am not familiar with mandatory reporting in NY, but it is something she might want to consider.

And, of course, time is of the essence. The more time that passes, the more likely that physical evidence at the scene and on the suspect will disappear or be tainted. It's fine and dandy to get a victim rape exam now, but it may be of no avail if she waits to insist upon a report. The more time that passes, the less likely the case can be prosecuted. 48-72 hours is generally the very outside that a rape kit might be useful (policies seem to vary by unit).

The window to obtain physical evidence closes quickly. The police cannot even begin writing the search warrant until after they have a report, and the warrant might take hours to prepare. I've done a few of these, you really do need physical evidence on the suspect's end if you want to have a viable case.

 

[Banned_Princess]

Careful! State law may REQUIRE that medical personnel report possible sexual assaults. I am not familiar with mandatory reporting in NY, but it is something she might want to consider.

And, of course, time is of the essence. The more time that passes, the more likely that physical evidence at the scene and on the suspect will disappear or be tainted. It's fine and dandy to get a victim rape exam now, but it may be of no avail if she waits to insist upon a report. The more time that passes, the less likely the case can be prosecuted. 48-72 hours is generally the very outside that a rape kit might be useful (policies seem to vary by unit).

The window to obtain physical evidence closes quickly. The police cannot even begin writing the search warrant until after they have a report, and the warrant might take hours to prepare. I've done a few of these, you really do need physical evidence on the suspect's end if you want to have a viable case.

As a matter of fact, when taking a rape kit at the hospital will get the police to respond. like a gun wound or questionable child injuries... Chain of custody with the evidence and all.


they will ask you some questions about him but in the end they ask you what you are prepared to do.



I agree, if she wants to do something time is of the essence.

 

[sandyclaus]

...The issue of being a virgin does not actually prove anything but it does tend to show the you do not sleep around. The problem is unless you had a very recent pelvic exam where the doctor noted your hymen was intact and a exam now proves it isn't, there is nothing to prove your claim.

Actually, an intact or torn hymen is not considered a reliable indicator of whether or not a woman is a virgin. The hymen could be flexible enough or in a position to allow for penetration, or it could have been torn by other activities, such as exercise, or simply inserting a tampon. There's just no way to be absolutely certain.

to sandyclaus: being drunk is not a ride for free ticket for the guy. In fact, being drunk makes it more likely it is rape since in some situations, a drunk person is incapable of providing consent. I would also wonder if the OP was drugged. Two small drinks is not a lot of booze, especially if the OP does drink regularly.

I'm certainly not advocating someone taking advantage because the other person is drunk. However, if you drink enough to get drunk, then you leave yourself vulnerable to all sorts of things, including the potential for an unscrupulous person to take control of your body.

 

[sandyclaus]

...sandyclaus, your post is reprehensible and ignorant. Blaming and shaming a rape victim and then trying to scare her with the idea that she could face criminal prosecution for underage drinking if she reports the rape? That just makes my blood boil. Shame on YOU.

I NEVER said she was to blame. Only that she put herself in a vulnerable position where ANYTHING could happen. When you drink, you lose the ability to control your environment - and others may take advantage of that. That's all I meant.

 

[sandyclaus]

One thing to consider here is that the longer after the alleged rape that an exam takes place, the less likely there will be viable evidence to prove that it happened.

The police also look at that when making a determination of whether or not to pursue prosecution. The less evidence there is that a rape occurred, the less likely that the police will prosecute.

 

[justalayman]

sandyclaus;3040927]Actually, an intact or torn hymen is not considered a reliable indicator of whether or not a woman is a virgin. The hymen could be flexible enough or in a position to allow for penetration, or it could have been torn by other activities, such as exercise, or simply inserting a tampon. There's just no way to be absolutely certain.

I am quite aware of all of that but that is the only thing that comes close to supporting evidence of the virgin/ no longer a virgin situation. Truth be told, there is absolutely no way to prove either being a virgin or not based simply on the woman's physiology. Somebody else has mentioned the virgin status and that is the closest one can get to any supporting evidence of the situation.

I'm certainly not advocating someone taking advantage because the other person is drunk. However, if you drink enough to get drunk, then you leave yourself vulnerable to all sorts of things, including the potential for an unscrupulous person to take control of your body.[/

but it is illegal in many states to have sex with a person who cannot consent and being extremely intoxicated can be considered to cause a person to not be able to consent.

 

[justalayman]

One thing to consider here is that the longer after the alleged rape that an exam takes place, the less likely there will be viable evidence to prove that it happened.

The police also look at that when making a determination of whether or not to pursue prosecution. The less evidence there is that a rape occurred, the less likely that the police will prosecute.

the police do not prosecute nor do they make the decision to prosecute. That is in the hands of the DA exclusively. If a person is rebuffed by the police, in any jurisdiction I am familiar with, they can contact the DA's office directly and ask them directly if they will consider filing charges.

 

[CdwJava]

I am quite aware of all of that but that is the only thing that comes close to supporting evidence of the virgin/ no longer a virgin situation. Truth be told, there is absolutely no way to prove either being a virgin or not based simply on the woman's physiology. Somebody else has mentioned the virgin status and that is the closest one can get to any supporting evidence of the situation.

I mentioned it. Without going into detail, that status and a decision to remain that way for the time being can play an important part in the determination of whether or not the case is viable. A prosecutor has to look at a number of factors including the appeal of the case to a jury. The forcible rape of a girl who was determined to remain a virgin until some time down the road can make a better case than the sexual assault of a woman who gives it up to the Third Fleet or has had nightly relations with her attacker before and even after the assault. That status CAN be a factor in the deliberation which is why I brought it up.

There are a great many publications on the decision making process with regards to sexual assault cases, and they make an interesting and sometimes chilling read. Sexual assault is a serious matter, and it can be difficult to prosecute. Reluctant or unsympathetic victims make it tougher. It can also be easily alleged even when untrue, so these cases are often suspect from the start particularly if the defense can articulate some ulterior motive to the victim's report.

but it is illegal in many states to have sex with a person who cannot consent and being extremely intoxicated can be considered to cause a person to not be able to consent.

The problem will be proving that the suspect knew or reasonably should have known that she was so impaired. If he testifies to the same statement that she made - that she had two drinks - then it would seem reasonable to assume that she was NOT so drunk as to be unable to grant consent. And unless he testifies that she was woozy, incoherent, etc., she would need someone else to verify her physical state.

And the problem with drugs like Rohypnol is that it will already be out of her system so proving that she was drugged may be nearly impossible.

the police do not prosecute nor do they make the decision to prosecute.

Very true. Though they do have a great deal of impact on that decision depending on the investigation and even the investigators' expressed opinions.

That is in the hands of the DA exclusively. If a person is rebuffed by the police, in any jurisdiction I am familiar with, they can contact the DA's office directly and ask them directly if they will consider filing charges.

Times have changed some. In my state DA Investigators have been cut in some counties to the point that they have no one to DO the investigation if local agencies will not. While they might be able to apply pressure to local law enforcement to look into a case, the local DA may not be able to investigate such allegations themselves. And, unless the agency involved is quite obviously derelict or lacking in resources or capability, I suspect that most prosecutors would kick it back to the locals anyway.

But, there are too many prosecuting agencies out there for me to even begin to generalize on all of them.

 

[justalayman]

CdwJava;3040945]I mentioned it. Without going into detail, that status and a decision to remain that way for the time being can play an important part in the determination of whether or not the case is viable. A prosecutor has to look at a number of factors including the appeal of the case to a jury. The forcible rape of a girl who was determined to remain a virgin until some time down the road can make a better case than the sexual assault of a woman who gives it up to the Third Fleet or has had nightly relations with her attacker before and even after the assault. That status CAN be a factor in the deliberation which is why I brought it up.

I wasn't disagreeing with your point. I was simply defending my statement about the exam to check for an intact hymen and that is merely supporting evidence, not proof.

The problem will be proving that the suspect knew or reasonably should have known that she was so impaired.

ya mean like this:

Anyway, I got so wasted. I still don't remember much about that night, but I know he had sex with me because I remember trying to push him off and he grabbed my wrist, but that is all I remember.

If he testifies to the same statement that she made - that she had two drinks - then it would seem reasonable to assume that she was NOT so drunk as to be unable to grant consent.

hey, I weight in excess of 250 and 10 ounces of beer makes me so woozy I could not drive. After a couple drinks, I would have no ability to resist much of anything.

And unless he testifies that she was woozy, incoherent, etc., she would need someone else to verify her physical state.

agreed

And the problem with drugs like Rohypnol is that it will already be out of her system so proving that she was drugged may be nearly impossible.

absolutely. I suspect that is why it is so popular with those that use it; very hard to prove it was used.

Very true. Though they do have a great deal of impact on that decision depending on the investigation and even the investigators' expressed opinions.

You have a very different system than we do apparently. The DA can and does act independently of the police in our area. I have seen several situation where the police were reluctant to investigate a situation and the DA took on the case.

Times have changed some. In my state DA Investigators have been cut in some counties to the point that they have no one to DO the investigation if local agencies will not. While they might be able to apply pressure to local law enforcement to look into a case, the local DA may not be able to investigate such allegations themselves. And, unless the agency involved is quite obviously derelict or lacking in resources or capability, I suspect that most prosecutors would kick it back to the locals anyway.

maybe but it is an avenue to explore. Maybe the OP's system is more like mine than yours and may have success.

 

[CdwJava]

I wasn't disagreeing with your point. I was simply defending my statement about the exam to check for an intact hymen and that is merely supporting evidence, not proof.

I agree. The point of virginity is less about proof of rape than it is about showing an inclination not to consent to sexual relations.

ya mean like this:

Anyway, I got so wasted. I still don't remember much about that night, but I know he had sex with me because I remember trying to push him off and he grabbed my wrist, but that is all I remember.

That is HER version of events. HE is almost certainly not going to recall it like that. This claim without any support could be a wash.

hey, I weight in excess of 250 and 10 ounces of beer makes me so woozy I could not drive. After a couple drinks, I would have no ability to resist much of anything.

That is not the case with most people. A jury is made up of average people, and by and large, they will know or believe that after two drinks they can act just fine and dandy.

My wife is one of those two-drink-drunks (well, impaired), though she is nowhere NEAR 250 lbs.

You have a very different system than we do apparently. The DA can and does act independently of the police in our area. I have seen several situation where the police were reluctant to investigate a situation and the DA took on the case.

And don't kid yourself on the impact the police might have on a case if they want to. The proper presentation or personal contact can push a case one way or the other. Yes, the DA has the final say on prosecution, but the police DO have input if they choose to exert it. It could be as simple as how ti is written and presented, or it might be as subtle as code words in the complaint request. It varies by jurisdiction and practice.

As for the DA looking into a complaint. it's a matter of resources. I doubt that your DA himself goes out and interviews witnesses, writes search warrants, and seeks subpoenas. Dollars to donuts, it is an investigator that does it. With our state's budget cuts, some offices lack sufficient investigators - in some cases they have NONE - and cannot take on such cases even if they wanted to. Our local DA has had to punt on a couple of high profile matters for just that reason and has tried to farm them out to the state with no luck ... they're even more strapped than the counties are!

She can always ASK the DA to investigate. But, it sounds as if she waffled so much the police might not have been able to get a clear story out of her and probably dismissed her tale as unbelievable or simply unclear. I cannot imagine that if it sounded believable and coherent that they would not have at least opened an investigation even if they did not believe it would go anywhere. But, if they could not get straight details from the victim, they may have had nothing to go on. Hence the reason I suggest she go back and try it again, first.

 

[NellieBly]

Call your local rape crisis center. Perhaps he has done this before.