DA isn't pressing charges in sexual assault case - HELP!

[Fretchen]

My jurisdiction is: Michigan

I was sexually assaulted three months ago and was too afraid to say anything. About a month ago, the scumbag who assaulted me filed a police report against ME (because my mom knew about the assault and she sent him a text message saying to never touch me again). To protect my mom, I told the cop about the assault, who was then obligated to get a report from me about it. I gave the report, relying on the promise that this creep was going to get convicted and go to jail. Instead, the detective I was working with called me a couple days ago and told me the prosecutor's office isn't pressing charges. This is exactly what I was afraid of when the assault happened - that the DA wouldn't believe me. Now my life is a living hell because the man who assaulted me knows I told the cops and worst of all, he lives just down the hall from me.

I don't know what I can do in this situation. I've been told to sue and I've also been told that nothing can change the DA's decision. But the fact of the matter is, a violent crime was committed, and I doubt it will be his last. For everyone's protection and my own sanity, I would love more than anything to see this man served legal justice, but I'm terrified that there's nothing I can do now. Every night I have nightmares of him and his father killing me and I can't even move away from him.

I'm not law-savvy which is why I'm here. Can anyone more knowledgeable tell me my options at this point? I'm disappointed in the law for failing me. I'm not satisfied with the investigation (for instance, written evidence I had wasn't taken into consideration, my witness was not interviewed properly, and I wasn't even examined). I understand if I'm out of luck with the law but I can't keep living in fear. I want to see this monster where he belongs.

 

[Gail_in_Georgia]

The main reason such cases are not brought to trial is because the DA is concerned that a jury won't believe an actual "assault" took place. In the courts eyes there is no fact (yet) that a violent crime was committed.

A person accused of a sexual assault really has only two options to defend himself; one is that the assault never took place and two that sexual contact did occur but it was consentual.

Because you waited two months to report the incident to police, any evidence of the assault is long gone. In a trial you would be questioned by the defense on why it took you so long to come forward to report this. It isn't fair (many victims don't come forward or report this out of shame or shock or fear) but it happens quite a bit in sexual assault cases.

Your best bet of getting a conviction is if the victim does an "immediate outcry"; reports the assault very soon after it occurs, goes to the ER where physical evidence can be collected. The longer one waits to report this, the less likely the person who did this gets charged.

Keep in mind that in criminal cases a person has to be found guilty "beyond a reasonable doubt"; for most juries this means they must be 99 percent certain someone is guilty.

There are cases where sexual assault victims have taken their offenders to civil court and sued them for any medical expenses (including the cost of therapy needed as a direct result of the assault) as well as pain and suffering. In this court a person need only be found guilty based on "a preponderance of the evidence" which typically means the jury is 51% certain they are guilty.

Gail

 

[Fretchen]

Thank you so much for the response.

In that case, because I waited there's nothing I can do as far as getting him convicted? If someone else (let's say my mom) filed a police report against him for a number of reasons including sexual assault, would it be turned down? If other people who knew about the situation came forward, would they be turned away as well?

I don't have the money to hire a lawyer to sue. My university appoints free student representatives in court but that hardly counts. My resident director recommended that I file a university judicial review against him, which entails a separate investigation, but the most that can do is move him to a different dorm all of 200 feet away, and that's only assuming the best conditions (which is unlikely if they notice the DA turned down my case).

Someone told me about private investigators or private DAs or something like that... do these things exist?

 

[jacksgal]

If new evidence or additional witinesses come up yes the DA can revisit the charges

 

[Duranie]

The problem here, is that there is no real evidence that a rape or sexual assault that took place, besides your word. The fact neither you or your mom reported it (if you are a minor) looks bad and if the DA feels they will have a hard time getting a conviction they won't pursue. Sex happens all the time between people and you have to prove it was not consensual. Your mom filing a complaint or report will not do much since again, where is the proof you did not consent to the sex?

Why didn't you at least go to campus police when it happened? That makes you look like an unreliable witness.

I am really sorry this happened to you, you can try suing him in civil court and see an attorney but I would transfer out of that dorm, or transfer colleges if you really want to get away from him.