Legal Question in Criminal Law in California

This is sort of a 2 part question with a little background.

10 years ago, my wife was age 11. A man entered her home (do not know if it was forceful or not.) with a firearm and bottle of alcohol, he made her drink the alcohol, and raped her.

According to my wife, when this was reported to the police, they told her she was lying, and her story had holes in it, eventually she dropped the case because she felt the police did not believe her.

Recently, on the Megan's Law website, she found this same man, who is now imprisoned for a very similar crime.

Question 1: Is there anyway to get the court to convict (or try) this man?

Question 2: Is there any recourse against the police department for not believing her?

Thank you in advance.


Asked on 1/06/10, 6:39 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

1. file a new police report and try to get them to take action. It may be barred by statutes of limitations.

2. No legal action can be brought against the PD. They have no obligation to protect anyone unless present on the scene, nor to file chares, nor to 'believe' anyone.

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Answered on 1/12/10, 10:24 am


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