Rape investigation procedures?

[nomeansno]

What is the name of your state? Colorado

I'm back with a few questions that I'll post in their respective categories. Hence multiple posts... Since my story is a long one I won't repeat all of it. I am a little confused about the information I am getting and I need to know which way is up.

The investigator that is assigned to our rape case is really confusing us. After a few weeks of hearing nothing on the reports I called the DA's office to ask about the status of the case. The Da's office said they knew nothing about it but would look into it. They called me back and gave me the name of the investigator on our case.

I called him to ask about the status and he said that the most recent victim had pulled her report and the case was closed. I asked about my case and they said I didn't have one... since I waited so long to report there was nothing they could do. I reminded him that there were witnesses to my rape, and he said I needed to contact them and give them his number.

I tried to give him the names of the other victims I had discovered and he said again... they would have to contact him, he could not contact them. He told me to get together with them and try to get them to report...

So as I said before for the last seven months I have been talking to anyone and everyone I can trying to find more leads. I've complied a list of names of victims and wintesses but have only managed to get one girl to report it... No I did not discuss details with her, just that she said the same man had raped her.

I've found tons of witnesses as well, but he said it's still my word against his... even in the stalking I've had to find my own witnesses and ask them to file reports which as far as I know no one has done. There are plenty of wintesses but he said I should carry a videocamera with me and try to document it!!!

So, now people are telling me that I need to watch who I talk to or I could hurt the case and none of it will be admissable in court. So question # 1 which is it? Was I supposed to put the witnesses in contact with the investigator or was the investigator supposed to contact them???

Second question... above when I said the investigator said I didn't have a case... they asked me what I had told him when he interviewed me and I said he didn't. Ever... He hasn't interviewed any of the girls... the only one he is interested in interviewing is the one said withdrew her report... She says she never withdrew it... they haven't interviewed her because he went on vacation (which I remember him telling me when we first spoke on the phone... that he would be out of the office for two weeks) Then she asked for a female investigator and they offered her one, but she was going to be on vacation... basically they have been rescheduling for seven months... or she can't get a ride, or something... and this little seventeen year old has had to push it on her own as well... we have to drive two hours one way to the county courthouse to meet with the investigator and it's not exactly easy...

Now people are telling us that they should have sent an investigator down here to meet with us... it's their job. Is this true as well or is it just one of those "facts" that people like to quote because it sounds good yet has no basis in actual fact?

Finally... we are all concerned that this case has been majorly mishandled... they are telling all of us different things and basically it is that one of the other girls is holding up the case. We feel that something is wrong, very wrong. The younger girl has an appointment with the investigator again next week and we've all decided to go... take our witnesses, and anyone else who might be able to come and not allow any more of this he said she said junk.

We would like someone present with each of us when we meet with the investigator... someone who can assure that what he tells me is the same as he tells the others etc. Someone who can hear all of the stories and advocate for us. Is this possible and who should it be??? We have a reporter interested in it... and she might be able to attend, but I'm not sure that it's a good idea. We need a reliable advocate who can help us cut through this crap... We also have a public defender from a seperate case who is interested in our case because our rapist is a major witness in the case against his client? Should we trust him? Who should we take???? Who can we possibly trust???

Okay on to the next question... and I truly am sorry I can't make this shorter...

 

[Supmom810]

Wow, I'm sorry you are going through this. If the states attorney's office has a file on this, then I would contact a victim advocate in their office and ask for help. It probably wouldn't hurt if you called the investigators supervisor to find out how a case like this should be handled and maybe even ask for his presence at your meeting. Have any formal charges been made against this person? Seems like if this scenario that you describe is even remotely true, they would want to get this scum bag off the streets.
Good luck

 

[CdwJava]

"Stale" rape cases are tough to prosecute. In fact, most rape allegations never get to court due to a lack of evidence.

But, if you feel the investigator is not working on your case and he should, try to contact his supervisor. Keep in mind that there is no law requiring the police to pursue your allegations. And a case without witnesses to the actual assault is going to be nearly impossible to pursue.

There should be a rape crisis center or advocate in your area, you might try to get a hold of someone who can go down with you and your witnesses when you meet with the inestigator.

- Carl

 

[nomeansno]

We actually stumbled on the supervisor today by accident. The investigator was once again "on vacation" when we called him to let him know we have decided to all come in together... His supervisor was not happy, and she agrees we should all come in together.

There are witnesses, plenty of them... the problem was he told me I had to round them up and put them in contact with him myself.

And yeah... I know, they should want him off of the streets, but most people have never had the experience of living in a small town. We have five cops to patrol our entire area... plus an on again off again marshal, they never last more than a year. Most of our cops grew up here, and the judge taught us in school... sometimes all it takes is the right last name to get away with murder...

and your Dad drinking beer with the local police supervisor can get you off of rape charges as well... so no, there haven't been charges filed yet... the case hasn't even been investigated yet... no interviews with victims, witnesses, or important parties...

seven months is a long time to wait... and the longer we wait the ****ier he gets...

 

[CdwJava]

Now I see why this is so tough:

4 years ago I was involved in a date rape situation, he was pulled off of me just before penetration by several people. I did not report the incident until last summer. At that time I was informed that there was another victim, and after I confirmed her story I reported mine to the police. She reported hers as well but withdrew her report less than 48 hours later after she received several threats from the rapist and his accomplice. The police said they could not prosecute my case because it was too old, and since he didn_t actually rape me no assault occurred. Even though we had fought long enough for him to hold me down, get my pants down, and was forcing his way in, people could hear me screaming over the music and he still had to be pulled off of me there was no actual assault. So_ if I hadn_t fought him off there might be a case, but since I did no dice. The best I could hope for was that another girl would come forward and I could testify on her behalf.

Four years is a LONG time to wait to prosecute an assault. Without penetration this is an attempted rape or an assault to commit rape (whatever is appropriate in CO). It may very well be that the SOL has passed.

Under CRS 16-5-401 it seems that they have three years to commence prosecution for a felony. It appears you waited too long ... this could be why the investigator is not hot to look in to this. You are asking for a full blown investigation for an event that probably cannot even be prosecuted by statute.

However, since a sexual assault defined under CRS 18-3-402 and 403 can have an additional 7 years added on to it, it MIGHT be that if charged as an ATTEMPT sexual assault the SOL could be as long as 10 years. That would require that an attempt be permitted the same SOL as the act itself. My read of the statute 16-5-401 seems to indicate that an attempt IS considered the same as the act. So the key will be to show that RAPE was his intent.

Have you spoken to the local prosecutor about the matter and whether this can even BE prosecuted?

I have to tell you that the time delay will play out against you. A defense attorney will make hay with a 3 1/2 year delay to come forward and will attribute all manner of reasons why you suddenly came forward. At worst, he could play this down to an assault and argue against a SOL without clear evidence of a non-consensual and forced sexual act. And even if against your will, without the completion of the crime, CO case law may define whether an attempted crime is considered the same as the crime itself for purposes of evaluating the SOL.

- Carl

 

[nomeansno]

The only reason I reported was because I found out I wasn't the only one. I'm really not concerned with my case as such... but helping the other victims out. The most recent victim reported seven months ago... and there is another victim for 3 years ago that has reported as well.

There are 10 other girls claiming sexual assault but they have not yet reported. The investigator said I should contact them and try to get them to report...

And as for my case there were many witnesses, some who do not want to get involved... but a few that might and at least one that has confirmed that she will testify on my behalf. Again the investigator told me that it was up to me to contact them and try to get them to report...

Same with the witnesses to his stalking behaviors... I'm supposed to convince them to report. We do have a meeting with the investigator and his supervisor tomorrow to see why there has been no investigation and why all contact from their offices have been initiated by the victims.

I'm a little scared about it, but I do feel I'm doing the right thing...

 

[CdwJava]

We do have a meeting with the investigator and his supervisor tomorrow to see why there has been no investigation and why all contact from their offices have been initiated by the victims.

Obviously, I can't speak for them, but I can understand the reluctance. The police are not in the business of investigating crimes for the heck of it. If this is outside the statute of limitations, this is not something they are going to spend time looking in to just for the sake of documentation.

Plus, without witnesses this case would go nowhere. As with everything, resources are limited. Cases that have few witnesses and and a low chance of being prosecuted are going to be on the back burner. In those cases, if the parties want to see it investigated they may have to do some of the legwork. Cases like this take dozens - even hundreds - of man-hours to work. If it is unlikely to be prosecuted, it is a waste of the department's time.

I honestly don't know if there is a case here. If the suspect in this has a current case going, then THAT investigator might be interested in knowing past events. And in your case, if it CAN be prosecuted still, then they need to have cooperative witnesses that can nail the suspect to commiting a crime ... and if what they saw can be turned both ways ("innocent" as well as criminal - depending on the person telling the tale), it weakens the case.

Let us know what comes o fthe discussion with the supervisor. Keep in mind that not every case can be prosecuted - even if it truly happened.

- Carl