Sex Crimes, Sex Offenders Interrogation of a Rape Victim

[samalifagus]

All,

A week and a half ago, my best friend was drugged, kidnapped, and raped in Huber Heights, OH. My friend is a heterosexual male, and naturally it was very traumatizing to have this done to him by another male. The long story short, he got separated from his wife, met a guy that he thought was simply friendly, and the next thing he remembered was being sodomized in a strange hotel room and telling the guy to stop. My friend does not do drugs, but does drink beer on occasion. I must mention that a couple days after the incident, the perpetrator called and left my friend a voicemail on his cell phone.

Last Thursday, I went with him and his wife to the Huber Heights PD to file the report. Of course, being a part of the majority of the victims, he did not report it right away, nor did he go to the hospital right away--mostly out of shock. At the police station, the detectives in charge of the investigation treated him like he was the criminal, telling him that he must have wanted it, that he was obviously smoking crack, that he was a closet "fa***t" (what my friend told me they used), etc. They kept him there without food, water, and the restroom for approximately 6 hours. They treated his wife the same, accusing her of having "threesome fantasies," and from what I understand, there were numerous questions about me, and why I would accompany them. (Where I am from, you don't abandon your friends, no matter what.)

I had never seen my friend, or his wife, that agitated. He called it a giant waste of time. I bore their outrage and sent a lenghty email to their city council and mayor. The next day, I was called by a Lieutenant in their Internal Affairs, and was lectured on even reporting it, and "how dare you reach these conclusions," etc. I was appalled. I have heard accounts of rape victims being treated this way, but I did not imagine that it could be the norm.

Any advice?

 

[seniorjudge]

What kind of advice are you looking for?

(I shouldn't have to say this, but this type of behavior on the part of the police is despicable. That having been said, I am not sure what you want done.)

 

[Duranie]

I would be seeing an attorney. Maybe they can give you some better advice. It is harder for a male to prove rape.

 

[samalifagus]

You're right--I was not very clear on what it was that I wanted to know. What I am curious about is there anything further I can do to make sure this is taken seriously? I reported it to www.policeabuse.org and I've spoken to a member of their city council; the IA guy who called me screamed at me for "daring to file a complaint," so I have an attorney for myself.

I'm just trying to figure out what else I can do to make sure that the police are taking this seriously and try to get some measure of justice for my friend. Should I write a letter to the editor of the Dayton Daily News for example? Or try to get an appointment with a Governor's aide, since I live in Columbus? I'm not sure what I am looking for, I have never been close to a situation such as this.

In this case, had he reported this right away, it may have been easier to prove some forcible rape happened, as there would have been some of the same evidence as there is for a female victim (saving the clock test).

 

[calalily]

Your friend should contact a rape victim counselor and get tested for HIV and STDs. Go on-line for your state and city to find a victim's support group. The same thing happened to my son here in Texas. The cops made fun of him and said he made it up to cover up that he lost his girlfriend's apartment keys. No one cared he lost the keys. Unfortunately, he too waited and all the evidence was lost but they did finally take him to the hospital where they gave him a shot and tested him for STDs. He never did meet with the detective to file a report so nothing was done. I would report the internal affairs guy for treating you that way. Every one has a boss even internal affiars.

 

[CdwJava]

If the depiction of the actions of the officers and the IA supervisor is true, it is appalling. However, I have to add that there is a school of thought in rape investigations that includes hitting the victim hard and in a manner that they will receive in court by the defense. If the victim thinks the police were harsh, then he would never stand up to the defense cross examination on the stand. By the time any case like this gets to trial, every fantasy or piece of dirty laundry in his closet will have been aired because whenever possible in a rape case, the defense will attack the victim. Some states limit these attacks, but the defense can be very brutal to a victim - be it male or female.

I don't know whether these detectives were playing the "If you think WE'RE tough, just wait til the defense gets you on the stand" game, but it is a possibility that this technique was improperly applied or explained to him.

- Carl

 

[seniorjudge]

Poster, so far you have proven nothing but rudeness.

So, again, what do you want?

You have no damages.

You have no case.

 

[CdwJava]

And, since the poster is NOT the victim, he has no say in any of it. This is a battle for the victim and his family to fight. If there is any claim - and I doubt there is a financial claim - it is the victim's. If the victim wants to pursue a complaint against the officers for un-professionalism or some other policy violation, he is certainly able to do so. Your job would simply be to support him in his endeavors. But, since he - and to some extent, his wife - is the witness to the treatment, then it is he that must carry this mantle forward.

- Carl

 

[calalily]

I think it is worth the fight to bring attention to the way male rape victims are treated by law enforcement. They do not have to be demeaning and rude and should be professional and take the report so as to stop the criminal. If there is no report then there is no way to track how many victims there are by this predator who probably is a serial rapist. I don't believe women victims are treated this way any more and male vitims shouldn't be either. He should of still been told to seek medical treatment and referred to a victim's assistance at the very minimum. I wouldn't alert the media as your friend probably doesn't want his name in the paper, but if he is still not getting any satisfaction then he (not you) should continue up the chain of command. However, if he is wanting and hoping that more victims may come forward and inform the police the media may be the way to go (but he needs to do this not you). Maybe the reporter would allow him to remain anonymous just so that the city is aware that a predator is out there.

 

[CdwJava]

Well, as far as releasing his friends name to the public goes, by e-mailing all those public officials, he just made the information a matter of public record. If his friend's name was mentioned, then the name is just a public records request away ... not to mention that many such elected officials have a way of leaking this info to their own benefit.

By spamming the local council before reporting a complaint to IA it also endangers the objectivity of any IA investigation and that might be what the IA lieutenant was upset about. I know that *I* would be miffed if I had to try and investigate unprofessional conduct after my entire council and maybe the mayor had reached a pre-determined conclusion! It would also virtually guarantee that any discipline would be overturned on appeal or by a court (if it got that far).

I suspect there are some other things involved here, or that the poster did not receive the entire story (or mis-interpreted it). If not, then the detectives looking into the matter are louts and it baffles me why they remain employed.

- Carl

 

[samalifagus]

Apparently, I am not being clear on what I am trying to figure out. I thought that in this type of forum, I could avoid attacks on my character to find some sort of resolution for my friend. The tone of a couple of people is beneath the forum.

I will state up front that I do not think that there will be justice in this case, in the sense that I believe firmly that there will be no trial on the original issue. I also recognize that it is my friend that has the complaint, not I, but I do not abandon my friends in a time of need with a pat on the back, and "Good luck."

I do take issue with a couple of responses, however.

First--it is absolutely RUDE to assume that I am seeking "compensatory damages." I said nothing of the sort, and I have said that my involvement was minimal. In addition to this, I had stated in my previous post that I was unsure of what I needed/wanted when I asked a question. I did not know that this was a crime.

Second--to assume that I had "misinterpreted" something my friend had said is very misguided, or at the base level, an assumption that my intelligence is below that of your average protozoan. My friend was very, very clear on what happened, even though he was extremely agitated.

Third--the reason that I wrote the email in the first place is because I knew that my friend would not. He already had said that it did not matter what he did, they were simply not going to take it seriously. I am very loyal to my friends (this guy was the best man in my wedding, and I was the best man in his), and I was not going to lay down and take this, since this was almost as much an insult to me as it was to them.

Fourth--there was no way to contact the police department directly that I was able to find. We had already left the building when he told us what went on. I also know (from experience, by the way) that filing a complaint at the department does nothing.

Fifth--nowhere in my post did I say that I named my friend in the email. I did not divulge his name until the IA Lieutenant called me.

Sixth--when I had informed my friend and his wife that I had started the ball rolling, they both thanked me profusely, saying that they wanted to, but nobody (not even family) seemed to be taking them seriously. His wife was in tears. He even called me again and said "Thanks for having my back."

Seventh--what I may have forgotten to mention is that they videotaped the entire six hour interview.

Eighth--The IA man called my friend two days ago and was very cordial to him. He has already said that he had started to review the tape, and he definitely has a complaint.

Finally, ninth--Only ONE person who got my "spam" email (out of six, I think) responded. They called me on my cell, and they had forwarded the email to the city manager. Every other response was either "I don't know what you are talking about" or "Thanks for your concern, be sure to visit..." She was very objective, said that "IF this is true, then this is despicable."

I simply was trying to be an advocate for a friend here. To be insulted and accused as some sort of money-grubbing idiot is inexplicable. I contacted an attorney for myself as the IA man threatened me by pulling my record, which is fine, it is clean, but I felt almost like a criminal for speaking up. My friend is not looking to file any sort of monetary lawsuit, he is simply wanting to be taken seriously. I found this forum and decided to ask "learned" people if there was something I was overlooking since I am also very close to the situation at hand, and it is possible that I did not do something that I should have, or a step that my friend could take. I apologize for disgracing you with my ignorance of the legal system, but I thought that is why this forum was here.

 

[seniorjudge]

...I find it interesting that many of you quote from the fathers of our nation, and yet many of you seem to be against me speaking up against the misuse of authority....

Not me.

But Carl had a valid point.

If you think your friend was mistreated by the cops, wait till he gets cross-examined by a defense attorney....

 

[calalily]

Please continue to keep the forum updated on your progress; That way, others can learn from what you are going through. It is wonderful the way you are supporting your friend. It is very important that your friend seek conseling with a rape crisis specialist. Usually there is some sort of vitim's program through the police department where he may obtain a referral and counseling services. You may google the same with the state name and may find what you need on-line if you don't want to contact the PD. Also, urge your friend to be tested for STDs. Good Luck.

 

[CdwJava]

I think the point is that YOU are not a witness to any f the events that transpired, so you have no grounds for complaints or anything else. Your friend who was assaulted is the party has the standing to make a complaint against the officers who may have treated him poorly. I don't know of anyone who is criticizing you for standing by your friend, but there comes a line that you may cross that could jeopardize any complaint he might have.

For instance, posting details to council members could have caused great problems with the investigation and for anonymity of the victim.

Since you neither witnessed the interview nor the attack, you are not a witness to any part of the event from crime to interview.

Finally, as was pointed out, if he thinks the cops were rude, he will never stand up to cross examination by the defense.

- Carl