what can i do if the county attorney decides not to file a rape case

by Ernesto Kuhn Jr. 10 min read

What happens if you are accused of rape without an attorney?

Do Not Sell My Personal Information. 7031 Koll Center Pkwy, Pleasanton, CA 94566. master:2021-10-20_10-59-58. Generally speaking, a victim cannot press charges nor force an unwilling prosecutor to file charges or seek an indictment from a grand jury. The prosecutor, exercising "prosecutorial discretion," has the final say.

Can a victim force an unwilling prosecutor to file charges?

Aug 20, 2021 · The path to seeking “justice” after a sexual assault can look different for every victim. 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.

What happens if a victim of sexual violence files a case?

Nov 27, 2019 · Rape is the most serious form of adult sexual assault recognized by the law. A rape occurs when the victim’s sex organ is penetrated by force against her will. The force used to commit rape can consist of threats to cause harm. Physical force is not required. Consent that is induced by threats or intimidation is not a defense to rape.

Can a district attorney refuse to prosecute a case?

Sep 14, 2012 · If the case is actually rejected, one must obtain a letter from the district attorney’s office stating this. If, however, there has just been a delay in filing, the district attorney’s office may still file charges at a later time. Generally, the statute of limitations to file misdemeanor charges is one year and three years on most felonies.

Can you bring a civil case for rape?

Bringing a rape compensation claim through the civil courts The most common type of civil action is a claim for compensation. You can bring a rape compensation claim against your attacker in the County Court. If the claim is successful the rapist will be ordered to pay you a sum of compensation.

What happens when you report an assault?

When a crime such as physical assault is reported to police, they will: deal with any immediate danger of someone being hurt or further injured. call medical or other services to treat any injuries victims may have. secure the location (if that is appropriate) to make sure it is safe and to collect evidence.Oct 6, 2021

What is assault investigation?

Assault investigations are conducted by detectives who investigate and build a case. Here is how they do it in Ohio. Assaults are a common occurrence involving two or more people. They are crimes of violence and lead to the police filing warrants and high bonds.

What is physically assaulted?

Physical assault is when an individual or a group attacks a person physically, with or without the use of a weapon, or threatens to hurt that person. It can include scratching, pushing, kicking, punching, throwing things, using weapons or physically restraining another person.

What does a prosecutor do in a criminal case?

In any criminal investigation, a prosecutor chooses which charge or charges to file or seek from a grand jury. A prosecutor also has the discretion to refrain from filing any charges at all. A prosecutor may choose not to pursue a criminal case for several reasons. Political pressure.

Who has the final say when it comes to filing charges?

Most of the time, prosecutors have the final say when it comes to filing charges or asking a grand jury for an indictment. Political or public pressure sometimes changes their minds.

Why is public pressure important in prosecuting?

Because prosecutorial discretion is a legitimate component of the prosecutor's powers, a private person usually has very few options to force the prosecutor to act. Courts will not intervene to force the prosecutor's hand. Most of the time, if the case is sensational, public pressure is the best means of persuasion.

What are the duties of a prosecutor?

Prosecutors must carry out their duties to the public they represent , but like most public agencies and private businesses, resources are finite. A prosecutor may decide to make prosecution of certain offenses a priority, while offenses that are deemed lower priority might not be as vigorously pursued.

What is a writ of mandamus?

This approach involves using a legal tool called a "writ of mandamus.". Usable when a public official fails to take official action, a private person may seek this writ, which asks for a court order directing an official to perform a duty that the official is under a legal obligation to perform. A writ of mandamus, however, is not available in most ...

Can a victim press charges?

Generally speaking, a victim cannot press charges nor force an unwilling prosecutor to file charges or seek an indictment from a grand jury. The prosecutor, exercising "prosecutorial discretion," has the final say.

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.

What is civil action?

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 (beyond a reasonable doubt). You may wish to initiate a civil suit to seek compensatory damages ...

What happens if a case is rejected?

If the case is actually rejected, one must obtain a letter from the district attorney’s office stating this. If, however, there has just been a delay in filing, the district attorney’s office may still file charges at a later time.

What is a Serna motion?

If the district attorney files the case beyond the applicable statute of limitations, the defendant can file what is known as a Serna Motion. Generally, the defendant must show that he or she has been prejudiced by the delay. Prejudice is presumed when the prosecution delays more than the statute of limitations period.

What is the standard of proof in civil court?

Civil court has a lower standard of proof. In civil court, the standard of evidence is "51% more likely than not". This makes it a great deal easier to get an accusation across the finish line. In cases thin on hard evidence, it bottom-lines to who the jury believes.

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...

Can a prosecutor proceed with a case?

One can, of course, request the local prosecutor to proceed with a case. This can be backed with a campaign to draw public attention, and hence political influence, to the case. The prosecutor can always decided to proceed with a case (unless a statute of limitations has expired).

What is Rule 506B?

If it is not approved Rule 506 (B) allows the complainant to request judicial review of the disapproval. The standard for review of a prosecutor's refusal to approve criminal charges is abuse of discretion.

Do victims have rights in a criminal case?

Crime victims don't have any rights to control whether a prosecution happens—the government is the plaintiff. A prosecutor can even file charges over a victim's objections. Federal law and some states have Crime Victims' Rights Acts, which do grant some rights. But note the particularly relevant exception in that law:

Karren Melinda Kenney

Unfortunately, there is no higher court to appeal to. In Orange County, a homicide DA is assigned to review the police reports regarding the killing. If the assigned DA determines there is not enough evidence to convict the suspect beyond a reasonable doubt, they will not file the murder charge.

Jennifer J Wirsching

If the DA declines to prosecute a potential murder, then there must be very weak evidence indeed, since they usually charge first and ask questions later. They have the power to choose to prosecute or not to prosecute. There is no way to force them to, there is no "appeal" because it is not a court decision.

Kelvin P. Green

I will add you always have the court of public opinion...#N#Remember murder trials are extremely costly, they won't embark on a trial unless they have enough evidence to convict...

Robert Lee Marshall

The District Attorney is ethically obligated NOT to file a criminal case if they do not believe they can prove it beyond a reasonable doubt.#N#You could contact the California Attorney General, but the AG will not take over prosecution unless they believe the DA has abused the discretion of that office...

Dana B. Carron

You could probably contact the Governor's office and ask them to put in their two cents and side with you to attempt to have the DA reconsider.

What is an arrest report?

Arrest reports summarize the events leading up to arrests and provide numerous other details, such as dates, time, location, weather conditions, and witnesses' names and addresses. Arrest reports are almost always one-sided.

Can a prosecutor file charges against a suspect?

Prosecutors can file charges on all crimes for which the police arrested a suspect, can file charges that are more or less severe than the charges leveled by the police, or can decide not to file any charges at all. ( U.S. v. Batchelder, U.S. Sup. Ct. 1979.)

What happens if a victim has a red mark on her cheek?

If the victim claims the defendant severely beat him or her just minutes before police arrived but he/she only has a small red mark on his/her cheek and no swelling or bruising or other apparent injuries, a defense attorney could argue that the victim was likely not telling the truth about the event.

What is willfulness in law?

What Is Willfulness? Willfulness is “…simply a purpose or willingness to commit the act… there is a defense for persons who commit the act through misfortune or by accident when it appears there was no evil design, intention or culpable negligence.”. 2.

What is traumatic condition?

The traumatic condition was the natural and probable consequence of the injury. The injury was a direct and substantial factor in causing the condition. For an aggravated domestic violence charge, the intimate partner must have suffered a serious bodily injury. No Willfulness. A prosecutor might feel that the element of “willfulness” is missing.

What is mental illness?

Mental illness. Making false accusations in the past, or. having a motive to fabricate the incident because the parties are embroiled in contentious custody or property distribution battle. This might convince a prosecutor that there is insufficient evidence to convict the defendant and to decline to file the charges.

What is a serious bodily injury?

A serious bodily injury usually means that the victim suffered an injury necessitating medical treatment or serious impairment of a physical condition. It is also protracted loss or impairment of any function of a bodily member or organ. Examples Include: Broken limb.

Does lack of visible injuries mean domestic battery?

The lack of visible injuries does not necessarily mean that a domestic battery did not occur and is not required in order for a defendant to be charged with domestic battery. All the prosecutor needs in order to charge you is evidence of a harmful or offensive touching.

What to Do First

  • If you have been charged with rape, you should retain an attorney as soon as possible. You should also: 1. gather and preserve any physical evidence relating to the alleged victim and the incident (clothing, photos, videos, and objects) 2. gather and preserve any documents or records that could relate to the case, such as letters, emails, records that might show where you were at th…
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What Not to Do

  • Just as important as preserving evidence and recording important information is knowing what notto do. If you are facing rape charges, you should not: 1. try to talk to the victim about the case or have any contact with the victim 2. talk to law enforcement or other investigators without an attorney present, or 3. ask for or agree to testing that is not mandatory—such as DNA testing pri…
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Possible Consequences of Being Charged with Rape

  • The most obvious and serious concern if you are charged with rape is that you could be convicted of the crime. A rape conviction has serious potential consequences. A defendant could be: 1. sentenced to time in jail or prison, including a potential life sentence under certain circumstances, in some states 2. placed on probation for an extended period, and 3. required to register as a se…
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How Legal Representation Can Help

  • Because of the possible consequences, no one should face a rape charge without being represented by an attorney.
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