what can i do if county attorney will not press charges for rape

So if the District Attorney rejects your sexual assault case, your best options are to:

1. A) Work with an attorney who can present a stronger case to the DA.
2. B) Try to resubmit to the DA while also pursuing civil litigation.

Full Answer

How long does it take to report a crime?

Several Hours: The process of reporting a crime may take several hours, but this is normal and victims should be prepared for it.

Do police believe victims?

Police Don’t Believe Victim: The U.S. police are well trained to deal with this issue, so most stations are equipped to treat the victim with care and understanding. If a victim encounters a cop who fails to take the case seriously, then the supervisor may be called in.

Do rapes have physical injuries?

No Physical Injuries And No Proof: Many rapes and sexual assaults do not lead to physical injuries. While it may not be visible on the surface, victims can have a forensic exam for DNA evidence that isn’t necessarily visible on the surface.

Why can't a prosecutor file charges?

Reasons why a case might not be prosecuted. There are many reasons why a prosecutor might not file charges, even is s/he believed that the accused did the crime, quite aside from any outright bribery. Perhaps the most important and most common is that the prosecutor thinks that a trial will not result in a conviction.

Why do people have the right to raise a private prosecution?

6. In many countries, an individual has the right to raise a private prosecution if the public prosecutor decides not to pursue a case. This is generally expensive, as with all things legal. The reason for public prosecutors after all is to prevent justice being limited to the rich and denied to the poor.

Why do prosecutor decline to prosecute?

Prosecutors often decline to prosecute because a larger grand strategy is in place to deal with a pattern of criminal conduct (e. g. trying to shut down an illegal chop shop, or trying to shut down a gang or drug dealing operation) when doing so based upon a citizen complaint would interrupt the larger strategy .

Why do white collar crimes get prosecuted?

Prosecutors routinely decline to prosecute white collar crime cases when the victims have the ability to seek redress in a civil lawsuit instead. Usually, these cases are prosecuted criminally when the victims are especially vulnerable and couldn't obtain an attorney themselves, when the harm would be uneconomical to pursue in civil lawsuits since each loss is modest, when the number of victims are numerous, or when the crime has such notoriety that letting it be handled in a civil lawsuits would set a bad example.

What happens in principle when Alice assaults Bob?

I gather from the answer to the linked question that what happens in principle is that the police would investigate, and the local prosecutor would file charges against Alice. But suppose Alice is a billionaire and she bribes the local prosecutor to not prosecute.

What can Bob do to convince Alice to prosecute?

united-states. Bob could do any number of things to try to convince someone to prosecute Alice: call the prosecutor's boss, or the district attorney ( or their equivalents in DOJ if it's a federal crime), or his elected representatives; he could also go to the media, or post on social networks...

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What does "pressing charges" mean?

I assume by “pressing charges”, you mean reporting the crimes to the local police authorities.

Why was Ken Lay exonerated?

Ken Lay died a free man, awaiting sentencing for 10 felonies, and was later exonerated because he was guilty, but unable to give a vigorous defense because he was dead. Innocent until sentenced, even after proven guilty is the system for the rich. Die in prison waiting for a trial is the system for the poor.

Is it difficult to relive a murder?

It is very, very difficult to have to re-live the attack in front of family and strangers in a sterile court-room setting.

Is lack of consent an element of an offence?

The lack of consent is an essential element of the offence. Even if everything that happened is on video, we still need her evidence on the lack of consent.

Is it up to the victim to press charges?

In the US, there is a common misconception that it is up to the victim to press charges. This is not the case. It is up to the DA. The DA can press charges even if the victim doesn’t want to and the DA can drop the charges even when the victim wants to see the person prosecuted.

What can I do if I have been sexually assaulted recently?

Many people in society do not understand the extent of trauma endured by rape and sexual assault victims. If you do not have visible physical injuries from the assault, friends and family may think you are okay. However, there may be physical and psychological injuries that you (and others) can’t see.

What to do if someone assaults you?

You can call 911 or go to your local police precinct to report the assault and to ask for a criminal investigation to begin.

What are my options for filing a complaint?

Some people may choose to pursue criminal charges, file civil lawsuits for money damages, file for civil protection orders, and/or file complaints with their universities or other educational institution. Other victims may choose not to pursue any of these options. In addition to finding a sense of justice, victims of sexual assault may also want information about caring for their own emotional well-being and working towards recovering from the trauma they have experienced. Any of the below options can be pursued independently or possibly at the same time.

How does sexual assault affect your life?

Sexual assault, no matter when it happens can change your life. It can change your view of yourself and others and influence your intimate relationships. You may experience changes in your eating and sleeping patterns. You may have nightmares or flashbacks about the assault or rape.

What is the number to call if you have been sexually assaulted?

There are several places you may call for help if you have been sexually assaulted or fear you might be sexually assaulted: Rape, Abuse & Incest National Network (RAINN) at 1-800-656-HOPE (4673) - this hotline is free, confidential, and open 24 hours/day.

What is crime victim compensation?

Many states have a crime victim compensation program that can assist you with ongoing medical and counseling expenses and other expenses related to the assault. Your local rape crisis program can provide more information about this process and your rights as a crime victim.

What is the number to call for domestic violence?

National Domestic Violence Hotline 1-800-799-SAFE (7233) or 1-800-787-3244 (TTY) for support, shelter, safety planning, or referrals to other services - it is free, confidential, and open 24 hours/day.

How to seek justice after sexual assault?

Some people may choose to pursue criminal charges, file civil lawsuits for money damages, file for civil protection orders, and/or file complaints with their universities or other educational institution. Other victims may choose not to pursue any of these options. In addition to finding a sense of justice, victims of sexual assault may also want information about caring for their own emotional well-being and working towards recovering from the trauma they have experienced. Any of the below options can be pursued independently or possibly at the same time.

What do victims of sexual assault want?

In addition to finding a sense of justice, victims of sexual assault may also want information about caring for their own emotional well-being and working towards recovering from the trauma they have experienced. Any of the below options can be pursued independently or possibly at the same time.

How does the criminal process start?

The criminal process usually begins with a victim reporting the incident to police and the prosecutor will determine whether or not there is enough evidence to start a criminal case. Each state defines crimes of sexual violence, including rape and sexual assault, differently and has different statutes of limitation.

Can a sexual assault victim file a civil suit?

Some survivors of sexual violence may choose to file a civil lawsuit for money damages against perpetrator (s) of sexual violence. Unlike a criminal investigation, a civil suit is a private legal action that you initiate. Civil actions generally require a lower standard of proof (preponderance of the evidence) than criminal cases ...

What to do if you are convicted of rape in California?

Rape is a serious charge in California. If you are convicted of rape, it will have a negative impact on you for the rest of your life. That is why you should speak to an experienced rape defense attorney immediately if you or someone you love has been accused of rape.

What happens after a person gives a statement to police?

After a person has given a statement to police alleging rape, the police will file a report that is forwarded to the district attorney’s office. The district attorney’s office decides whether to pursue charges against the alleged perpetrator. Although an accuser does not have the ability to drop rape charges, he or she could have ...

Can you recant a statement made to police?

Before you recant a statement, you should consider any potential consequences you could face. You are legally allowed to recant any statements you made to police under California Penal Code Section 118. However, if you say that the statement you made to police was false, you could face charges of obstruction of justice under PC 148 ...

What happens after a jury finds you guilty of sexual assault?

After the jury has found you guilty of sexual assault, the case typically goes to the judge for sentencing. Judges will rely on a number of factors to determine an appropriate sentence. First, the criminal statutes for the state or federal jurisdiction will set what the range of punishments are for sexual assault.

How long can you go to jail for sexual assault?

Federal law states that the maximum penalty for sexual assault is 20 years in prison, as well as fines. Also, federal law states that those who are convicted of this crime have to compensate victims for expenses that are related to the crime.

How many states have no statute of limitations for sexual assault?

The length of the statute of limitations on a sexual assault charge depends upon the state. At this time, there are eight states that do not have any statute of limitations for prosecuting felony sexual assault. Also, some states, such as South Carolina and Wyoming, have no statute of limitations for any type of criminal prosecution.

What is the key element of sexual assault?

The act is a violation of the sexual autonomy and bodily integrity of the person. The key element of a sexual assault charge is the concept of consent. If the person does not give, or is legally unable to give, consent to engaging in sexual contact and sexual activity, it is a form of sexual assault.

What does it mean to be sexually assaulted?

The statute also defines sexual assault as committing a sexual act upon another party when the person knows or should know that the other person is asleep or unconscious.

What is the federal judge's role in sexual assault?

For a federal sexual assault conviction, the federal judge is directed to review a number of factors when determining punishment. First, the judge will consider the offender’s previous criminal history, and then whether he or she has accepted responsibility for their crime.

How much time can you spend in jail for sexual assault?

States have varying punishments in place for sexual assault convictions. In California, you can get a sentence of 24, 36, or 48 months in prison and a fine of up to $10,000.

Who decides whether to drop charges in a criminal case?

Ultimately, the prosecuting attorney decides whether to drop the charges in the case or not. With the help of an experienced criminal defense attorney, you give yourself the best chance of making that happen.

Who Really Has The Authority to Drop Criminal Charges (Or Not)?

In civil lawsuits, which can sometimes arise from these situations, your attorney files a lawsuit against the Defendant for you, the victim (Plaintiff). As a result, you have the power to instruct your attorney to pursue or not pursue the civil action after it is filed. You could choose to drop it.

How to ask for an affidavit of non-prosecution?

If you want to ask the prosecutor to do so, you fill out an “affidavit of non-prosecution,” or “ANP” for short. You sign this document under oath, citing the reasons you do not want the case to be prosecuted.

What does "the state picked it up" mean?

He goes to jail even though maybe that isn’t really what you wanted. But “the state picked it up,” meaning they filed a case against your wishes.

Why do you need a criminal defense attorney?

That’s why it makes sense to have a criminal defense attorney on your side. To protect your interest to the extent possible but preventing an injustice from occurring against an innocent person.

How long can you go to jail for a false police report?

For example, if you make statements inconsistent with what you originally told police, you could be seen as having made a false police report, which is a Class B misdemeanor that can put you in jail for up to 180 days and cost you up to $2,000 in fines.

Can you drop a case in Texas?

You could choose to drop it. However, in criminal cases, the State of Texas, the Federal government, or both, through their prosecutors bring their cases against the defendant. They are the ones that have the power to drop the case or move forward with prosecution. You do not.

How to press charges for assault?

How To Press Charges For An Assault. When you have made the decision to file charges after an assault, you need to visit your local police department. For whatever reason, if you are not physically able to visit the police station , you may call them over the phone. All you have to do to kickstart the process is express that you want ...

Why do people file assault charges?

When an assault happens, some people are afraid to file charges on their assailants for fear of retribution. However, when filing assault charges, people may also seek to obtain orders of protection from the court as well, which are, essentially, r estraining orders that if violated will result in the arrest of the assailant. Such orders require that the assailant not come within so many feet of the victim or any location where the victim is believed to be.

What is the difference between assault and battery?

By definition, an assault occurs when one person commits actions that put another person in a situation where he or she can reasonably fear that he or she will be physically harmed. Battery, on the other hand, is when the aggressor physically harms someone. Both assault and battery can be classified as civil or criminal.

What is assault charge?

Types of Assault Charges. When it comes to pressing charges, many people will use the term assault to describe what happens when an aggressor harms a victim. However, there are many different terms that are used when describing these crimes. A lot of times you will hear the terms “assault” and “battery” used interchangeably.

What is simple assault?

Simple Assault – This is an attempted battery or threat. The aggressor must have the intention of hurting the victim, regardless of whether they do or not. To be considered simple assault, it must be reasonable for the victim to believe that the aggressor was going to harm them. There also must be some sort of harm involved, ...

What is the term for when an aggressor follows through with physically harming someone?

Battery – Battery is when an aggressor follows through with physically harming someone.

What is the importance of knowing the terms and consequences of assault?

Whether you are the victim of an assault, or you’ve found yourself being the aggressor (or assailant) in a physical altercation, knowing the terms and consequences is important so you can properly protect yourself. Let’s dive into the types of assault charges you can file.