Sex Crimes, Sex Offenders Pressing charges & injuctions

[Taylor1981]

Jurisdiction

Arizona

My mother was raped by a man, her co-worker, who entered her apartment while she was out walking her dog. He hid in her closet and waited for her to go to sleep. She woke up with him restraining her and raping her.
She moved to TX the following week and told no one, never contacted the police or ER. However, the move did not work out, and she returned to AZ approximately 1 year after the rape. We have convinced her to file a report and press charges, we're aware that the case will most likely be dropped considering there is no evidence, we're hoping that if it were to happen again to anyone else, that at least it has been documented legally.
That said, my mom is in a fragile state and has been diagnosed with PTSD, I am trying to make sure I have all my ducks in a row so I can prepare for all outcomes as we go forward. What can I expect from this case? Will he be able to counter the charges and come after my mom in anyway? Should we have a lawyer before we press charges? Can he try to sue us? I have no idea what to expect from someone who is capable of such an act, plus he has a family, what will he do to protect his reputation etc.?? Should we try to file an injunction to protect my mom, and if so will we have to go to court and see this man in order to do so?
Any information is appreciated, thank you.
-T

 

[army judge]

My mother was raped by a man, her co-worker, who entered her apartment while she was out walking her dog. He hid in her closet and waited for her to go to sleep. She woke up with him restraining her and raping her.
She moved to TX the following week and told no one, never contacted the police or ER. However, the move did not work out, and she returned to AZ approximately 1 year after the rape. We have convinced her to file a report and press charges, we're aware that the case will most likely be dropped considering there is no evidence, we're hoping that if it were to happen again to anyone else, that at least it has been documented legally.
That said, my mom is in a fragile state and has been diagnosed with PTSD, I am trying to make sure I have all my ducks in a row so I can prepare for all outcomes as we go forward. What can I expect from this case? Will he be able to counter the charges and come after my mom in anyway? Should we have a lawyer before we press charges? Can he try to sue us? I have no idea what to expect from someone who is capable of such an act, plus he has a family, what will he do to protect his reputation etc.?? Should we try to file an injunction to protect my mom, and if so will we have to go to court and see this man in order to do so?
Any information is appreciated, thank you.
-T

I suggest you and mother visit a rape counseling or women's crisis center.

A visit to a psychologist or psychiatrist could also start the process and prepare mother to begin a very long journey.

I'd concentrate on mother's mental health and physical well being before subjecting her to a criminal proceeding that might not reap the results you seek.

I would not be concerned about punishment or exposure.
I'd focus on the complete well being of my mother.
Once that is established, you can consider other options.
It MIGHT be advantageous to sue the rapist civilly.
But, table that idea, too, until mother has been assessed and stabilized by competent mental health and rape crisis professionals.

 

[ElleMD]

We obviously have no way to know what some deranged rapist might do. None of us have met him, nor can we predict the behavior of others. Likewise, we have no way of knowing what law enforcement will do or how strong the prosecutor might find the case based on whatever evidence they do gather.

I would absolutely get your mother into counseling. That is important no matter what happens. It is likely to be a very slow recovery and something she will carry with her for the rest of her life. What she experienced is one of the most devastating experiences, and the way it transpired and by whom it was carried out just makes it all the more traumatizing. A close friend was unfortunate enough to suffer through a similar situation and 6 years later, still is in counseling. As family, there is little you can do beyond offering your support. Hiring a security firm to assess her residence would be a great start.

 

[leslie82]

My mother was raped by a man, her co-worker, who entered her apartment while she was out walking her dog. He hid in her closet and waited for her to go to sleep. She woke up with him restraining her and raping her.
She moved to TX the following week and told no one, never contacted the police or ER. However, the move did not work out, and she returned to AZ approximately 1 year after the rape. We have convinced her to file a report and press charges, we're aware that the case will most likely be dropped considering there is no evidence, we're hoping that if it were to happen again to anyone else, that at least it has been documented legally.
That said, my mom is in a fragile state and has been diagnosed with PTSD, I am trying to make sure I have all my ducks in a row so I can prepare for all outcomes as we go forward. What can I expect from this case? Will he be able to counter the charges and come after my mom in anyway? Should we have a lawyer before we press charges? Can he try to sue us? I have no idea what to expect from someone who is capable of such an act, plus he has a family, what will he do to protect his reputation etc.?? Should we try to file an injunction to protect my mom, and if so will we have to go to court and see this man in order to do so?
Any information is appreciated, thank you.
-T

Your mother needs to get some counseling if she hasn't yet. Immediately.

Neither of you gets to decide what, if any, charges are filed. She can make a report and then it's up to the police and DA after that. I would probably go talk to a lawyer and find out what the options are and if it would even be worth re-opening those wounds. I really don't see that any prosecutor would file charges on an alleged rape that happened a year prior and there was no physical evidence. It would be a he said/she said.

If somehow this went to court he would be able to defend himself in court. He could sue for your mother reporting the crime but I doubt it would get very far.

At this point the best thing for your mother to do is to get counseling and move past this. This man will never be prosecuted for her rape unfortunately. I don't think being charged with a crime gets documented too many places. It would be in the news possibly - but if it gets dismissed or he's found not guilty it doesn't do much for your mother and it really doesn't prove he did it.

Hopefully he hasn't raped anyone else but if he does let's hope she reports it. Honestly that's the only way this guy will be stopped. I guarantee he's done it before and he's done it since. It would not surprise me. Sexual predators don't stop until they are forced to stop.

If she moved back to the same area where he lives, she should probably upgrade her security as mentioned. If for some reason she notices him start following her or he threatens her, she should most definitely report that and get a protection order. Too much time has passed and I wouldn't recommend subjecting her to criminal proceedings at this point.

 

[hrforme]

Please help her get counseling. Even if a trial happened, he got convicted and went to prison, she needs counseling. I hate to say it, but that's the voice of experience talking.

Also, is she working at the same place again with him? I sincerely hope not and hope that he doesn't know that she has moved back. Agree with as much security at home as she can afford. Dogs are wonderful security. I couldnt' sleep without mine being in my home.....

 

[Taylor1981]

I suggest you and mother visit a rape counseling or women's crisis center.

A visit to a psychologist or psychiatrist could also start the process and prepare mother to begin a very long journey.

I'd concentrate on mother's mental health and physical well being before subjecting her to a criminal proceeding that might not reap the results you seek.

I would not be concerned about punishment or exposure.
I'd focus on the complete well being of my mother.
Once that is established, you can consider other options.
It MIGHT be advantageous to sue the rapist civilly.
But, table that idea, too, until mother has been assessed and stabilized by competent mental health and rape crisis professionals.

Your mother needs to get some counseling if she hasn't yet. Immediately.

Neither of you gets to decide what, if any, charges are filed. She can make a report and then it's up to the police and DA after that. I would probably go talk to a lawyer and find out what the options are and if it would even be worth re-opening those wounds. I really don't see that any prosecutor would file charges on an alleged rape that happened a year prior and there was no physical evidence. It would be a he said/she said.

If somehow this went to court he would be able to defend himself in court. He could sue for your mother reporting the crime but I doubt it would get very far.

At this point the best thing for your mother to do is to get counseling and move past this. This man will never be prosecuted for her rape unfortunately. I don't think being charged with a crime gets documented too many places. It would be in the news possibly - but if it gets dismissed or he's found not guilty it doesn't do much for your mother and it really doesn't prove he did it.

Hopefully he hasn't raped anyone else but if he does let's hope she reports it. Honestly that's the only way this guy will be stopped. I guarantee he's done it before and he's done it since. It would not surprise me. Sexual predators don't stop until they are forced to stop.

If she moved back to the same area where he lives, she should probably upgrade her security as mentioned. If for some reason she notices him start following her or he threatens her, she should most definitely report that and get a protection order. Too much time has passed and I wouldn't recommend subjecting her to criminal proceedings at this point.

 

[Taylor1981]

Just to be clear we are seeking counseling but it took a while to get her settled; find a place to live, find a job, and get health insurance so she can afford said counseling. We are going forward with reporting the crime and in AZ there is a distinction between filing a report and pressing charges. It's my understanding that the state can go alone on pressing charges also. Either way I'm sure there is not enough evidence. That is not what this is about. Nor is it about money, or punishment. I appreciate the opinions above but was hoping to hear a little more about the legal end of things. It is my opinion that because so many of these crimes go unreported that we (as women) think that's it's been too long, it will upset us too much, and it's not worth it anymore to take any action. Of course it matters if it's reported. This man (if only him and not his WIFE, DAUGHTER, GRANDDAUGHTER) needs to know that we are not powerless and that he did not get away with rapinf my mom. It will not be forgotten. My mother is a powerful woman, a feminist, and she is strong. He took those identities from her and this is a first step to gaining some control again.

 

[army judge]

Just to be clear we are seeking counseling but it took a while to get her settled; find a place to live, find a job, and get health insurance so she can afford said counseling. We are going forward with reporting the crime and in AZ there is a distinction between filing a report and pressing charges. It's my understanding that the state can go alone on pressing charges also. Either way I'm sure there is not enough evidence. That is not what this is about. Nor is it about money, or punishment. I appreciate the opinions above but was hoping to hear a little more about the legal end of things. It is my opinion that because so many of these crimes go unreported that we (as women) think that's it's been too long, it will upset us too much, and it's not worth it anymore to take any action. Of course it matters if it's reported. This man (if only him and not his WIFE, DAUGHTER, GRANDDAUGHTER) needs to know that we are not powerless and that he did not get away with rapinf my mom. It will not be forgotten. My mother is a powerful woman, a feminist, and she is strong. He took those identities from her and this is a first step to gaining some control again.

There are many agencies and organizations in all states that will assist rape victoms (women, men, girls, and boys) with counseling.

You can find those agencies by asking friends, relatives, the police, the prosecutor, and simply searching the internet.

Legally, any victim of any crime can report the alleged crime to the police or sheriff's agency where the crime is alleged to have occurred.

In AZ, the SOL for rape varies depending upon the alleged type of rape or sexual assault that the victim suffered.

Your mother appears to have suffered a violent sexual assault.

ARIZ. REV. STAT. § 13-1423 Violent sexual assault: If this is what your mother endured =
This applies:
ARIZ. REV. STAT. § 13-107 Time limitations
(a) No time limit for the prosecution of an offense under § 13-1423
(b) (1) For class 2 through class 6 felonies, within seven years after actual discovery by
the state or political subdivision having jurisdiction of the offense or discovery by
the state or the political subdivision that should have occurred with the exercise of
reasonable diligence, whichever first occurs
(b) (2) For a misdemeanor, within one year after actual discovery by the state or political
subdivision having jurisdiction of the offense or discovery by the state or the
political subdivision that should have occurred with the exercise of reasonable
diligence, whichever first occurs.

I am an outsider looking in, but if your account of this heinous crime is accurate, your mother seems as if her report will be accepted by the police. It would then be up to the prosecutor to decide if the state can prove the allegations.

No one can predict that, so I never try.

I would discuss with my mother if she is up to talking to the police.
If she is, I'd take her to the station and have her recount what occurred to a detective that investigates sexual assault crimes.

The county has victim advocates available to work with victims of violent crimes.

That said, if mom is ready, report the matter today.
Delays will only make it more difficult to prosecute the crime.
Bottom line, it all depends on mother's ability to endure what she will have to endure from the police, the prosecutor, the scientists, and most importantly the defense attorney of the alleged perpetrator.

 

[Taylor1981]

Thank you army judge for your advice and thoughtfulness. We were able to make a report tonight via telephone through our pd and they will fax the report to the pd where the crime occurred. It was surprisingly an encouraging phone call and the police officer really left her (and me) feeling validated, we'll see what is to come.

 

[army judge]

Thank you army judge for your advice and thoughtfulness. We were able to make a report tonight via telephone through our pd and they will fax the report to the pd where the crime occurred. It was surprisingly an encouraging phone call and the police officer really left her (and me) feeling validated, we'll see what is to come.

I am pleased it all went well for your mother.
I've had female friends, a couple female relatives, and a male relative that suffered violent sexual assaults.
I've prosecuted those crimes, and received convictions for the victims.
The police, especially those who investigate sexual abuse are patient, kind, and courteous as they proceed through these matters.
The prosecutors, you'll find are, too.
I'm hopeful your mother will get better over time.
She's also a wonderful mother to have raised a caring daughter that stands by and supports her and she navigates through very delicate situation through no fault of hers.
Stay strong, and may your faith allow your family to work through this struggle.
Take comfort that families of homicide victims don't have their loved one with them as they endure their person trial, too.
Please, if you have the time keep us updated as mother's case transits through the criminal justice system.

PS: Mother should ask for the county victim advocate.

Victim's Rights

As a victim and survivor of sexual assault, your mother already have many rights. They are called "automatic rights" in Arizona. She doesn't need to request these rights!

Automatic Rights:

To be advised of all victim's rights and how to assert them.
To information on the availability of crisis intervention, medical and emergency services, information on victim assistance programs and domestic violence resources.
To be provided the police report number, if available, and if the case has been submitted to the prosecutor's office, as well as information on how to contact that office.
To be present at any court proceeding at which the defendant has a right to be present.
To name an appropriate support person, who is not a witness, to accompany you to any interview, deposition or court proceeding.
To be heard at any proceeding concerning release of the accused person, a plea agreement, and the sentencing (with some limitations).
To have the court order restitution, and to receive that restitution promptly.
To leave work (if eligible) to attend scheduled legal proceedings, or obtain or attempt to obtain an order of protection or injection against harassment.

"Upon Request" Rights are also available, but she must ask for "upon request rights".
She will NOT be denied these rights, either.:

These are rights that mother must ask for to receive:

To confer with the prosecutor about a decision not to proceed.
To request the prosecutor assert any right to which you are entitled.
To receive a free copy of the police report and/or court transcripts.
To receive a copy of the conditions of the suspect's release from custody.
To receive notice of all court proceedings at which the defendant has a right to be present.
To the return of your personal property taken during investigation, and if the property cannot be returned, to be advised of the reasons.

If you want to know more about these rights, calls one of SACASA's Advocates at (520) 327-7273.
Legal Advocacy

Pima County Attorney's Office
Victim Services Division
32 N. Stone Avenue | Tucson, AZ 85704

(520) 740-5525

Website Pima County Attorney


One last thing.
She can sign up for this FREE service which will notify her if her violator is released from custody upon arrest, or where he ends up when convicted.
...
...

...
...
VINELink

 

[Taylor1981]

I am pleased it all went well for your mother.
I've had female friends, a couple female relatives, and a male relative that suffered violent sexual assaults.
I've prosecuted those crimes, and received convictions for the victims.
The police, especially those who investigate sexual abuse are patient, kind, and courteous as they proceed through these matters.
The prosecutors, you'll find are, too.
I'm hopeful your mother will get better over time.
She's also a wonderful mother to have raised a caring daughter that stands by and supports her and she navigates through very delicate situation through no fault of hers.
Stay strong, and may your faith allow your family to work through this struggle.
Take comfort that families of homicide victims don't have their loved one with them as they endure their person trial, too.
Please, if you have the time keep us updated as mother's case transits through the criminal justice system.

PS: Mother should ask for the county victim advocate.

Victim's Rights

As a victim and survivor of sexual assault, your mother already have many rights. They are called "automatic rights" in Arizona. She doesn't need to request these rights!

Automatic Rights:

To be advised of all victim's rights and how to assert them.
To information on the availability of crisis intervention, medical and emergency services, information on victim assistance programs and domestic violence resources.
To be provided the police report number, if available, and if the case has been submitted to the prosecutor's office, as well as information on how to contact that office.
To be present at any court proceeding at which the defendant has a right to be present.
To name an appropriate support person, who is not a witness, to accompany you to any interview, deposition or court proceeding.
To be heard at any proceeding concerning release of the accused person, a plea agreement, and the sentencing (with some limitations).
To have the court order restitution, and to receive that restitution promptly.
To leave work (if eligible) to attend scheduled legal proceedings, or obtain or attempt to obtain an order of protection or injection against harassment.

"Upon Request" Rights are also available, but she must ask for "upon request rights".
She will NOT be denied these rights, either.:

These are rights that mother must ask for to receive:

To confer with the prosecutor about a decision not to proceed.
To request the prosecutor assert any right to which you are entitled.
To receive a free copy of the police report and/or court transcripts.
To receive a copy of the conditions of the suspect's release from custody.
To receive notice of all court proceedings at which the defendant has a right to be present.
To the return of your personal property taken during investigation, and if the property cannot be returned, to be advised of the reasons.

If you want to know more about these rights, calls one of SACASA's Advocates at (520) 327-7273.
Legal Advocacy

Pima County Attorney's Office
Victim Services Division
32 N. Stone Avenue | Tucson, AZ 85704

(520) 740-5525

Website Pima County Attorney


One last thing.
She can sign up for this FREE service which will notify her if her violator is released from custody upon arrest, or where he ends up when convicted.
...
...

...
...
VINELink

 

[leslie82]

Just to be clear we are seeking counseling but it took a while to get her settled; find a place to live, find a job, and get health insurance so she can afford said counseling. We are going forward with reporting the crime and in AZ there is a distinction between filing a report and pressing charges. It's my understanding that the state can go alone on pressing charges also. Either way I'm sure there is not enough evidence. That is not what this is about. Nor is it about money, or punishment. I appreciate the opinions above but was hoping to hear a little more about the legal end of things. It is my opinion that because so many of these crimes go unreported that we (as women) think that's it's been too long, it will upset us too much, and it's not worth it anymore to take any action. Of course it matters if it's reported. This man (if only him and not his WIFE, DAUGHTER, GRANDDAUGHTER) needs to know that we are not powerless and that he did not get away with rapinf my mom. It will not be forgotten. My mother is a powerful woman, a feminist, and she is strong. He took those identities from her and this is a first step to gaining some control again.

I was a victim advocate and SARC in the Army. I had to deal with a lot of cases because of assisting the victim. Taking them to appointments, to CID or local police for interviews. I've seen a lot of disgusting predators walk free. Many of these victims waited weeks or months to report which I know is common. No blame on them. But if you are sexually assaulted or raped, the majority of physical evidence is gone within at most 72 hours. So if you wait a week, physical evidence is gone. A year later - there is going to be no evidence.

Women aren't the only ones who get sexually assaulted or raped. Men don't report it either because no one ever believes a man can be raped or assaulted especially by a woman. So in general victims don't report because they feel no one will believe them.

If it was me I wouldn't report it. I know how the court works in these cases in civilian and military. I know how defense lawyers work. IF charges are filed and IF he's arrested and IF it goes to trial, your mom will get raked over the coals by his lawyer. They will bring up every dirty thing they can find in her past. Her sexual history. Anything. I've seen it.

I can't see a prosecutor filing charges in this case. There's a very good chance if it goes to trial he gets found not guilty because of lack of evidence. Either way yes he did get away with THIS rape. That's why I said hopefully if there's another victim SHE reports it immediately and then he gets held accountable.

I'll tell you this - I was sexually assaulted in the military. Not raped. I never reported it because earlier in my career it wasn't taken seriously. It barely is now. Plus I was in a male dominated unit. If we didn't act like "one of the guys" life was miserable. I told a friend the one time this guy grabbed me and pushed his groin up against me. That guy went big brother on him and then he messages me and asks why I'm telling people he did that. I got a little freaked out.

Also my ex husband physically abused me. High on meth and drunk. The first time I reported it to the police but a day after it happened. It turned into he said/she said because it happened in a hotel so all evidence was gone. I got a protection order but eventually dropped it two months later (we weren't married then). But he lied to the police and said I was the one who wouldn't let him leave and he never hit me. So it was two months of insane bullshit. The officer I reported to - she got taken off the case because she was meeting him off duty and telling him what I told her. I stopped cooperating because I knew they would never be able to press charges. That cop even told me the county attorney wouldn't file charges unless they had more evidence. So without me, they dropped the case. I stupidly got back with him and got pregnant.

Then when I was four months pregnant he was on meth again and wanted more. He lied to get me to take him and then admitted it. Smacked me while I was driving. Busted lip and black eye. I told no one. Absolutely no one. I lied to my leadership the next day at work. I never told my family. No one at work believed me but they couldn't do much. The final time he hit me our daughter was four months old. Just got out of the hospital again. Meth high again and needing more. I told him to leave and calm down. I said if he didn't I would call the cops - he flipped. Beat me and choked me. Our daughter in the other room. Once he stopped I was by the door. I saw a chance. I ran. I got someone to call the cops. He got arrested. Did plead guilty and got probation and I stupidly didn't divorce him then. Promises promises. Eventually I did.

My point is I know this isn't exactly the same but I dealt with the cops in reporting a crime and I only waited one day and there was no evidence they could use and it was a disaster for two months investigating. I honestly wish I had never even called them or that I had gone to the police station that morning leaving the hotel instead of my dad's. Or let them call the police when I got to my dad's. I left him in the hotel room. He called and said he didn't remember any of it. Never did.

If your mom thinks she can handle the investigation and any possible court time then do it. But if that was my mom I would tell her not to do it after a year. I would take it to civil court. Less burden of proof there. If my mom or anyone came to me right after they were raped I would take them to the hospital immediately not only because I was an advocate. But since I know now more of what happens I would take anyone who told me immediately. Even a week later.

Ultimately it's up to her. If she thinks she can handle it then do it. If not, then don't. You're lucky you got police that forwarded it along and are helpful. I have seen in the victims I assisted not get that courtesy so much and actually had a police officer take me out of the room and say "Do you think she's telling the truth?" I said that's not my job. I'm here to assist her.