Legal Question in Civil Litigation in California

Re: Sexual assault investigation

Prosecutors have discretion in their decision whether or not to pursue criminal charges. Whe one is the victim of a crime, it is not the victims right to have the prosecutor pursue charges. A victims rights are pursued,if at all, in a civil lawsuit for damages. In a criminal case, the prosecutor must prove the facts underlying the indictment beyond a reasonable doubt. This has been described as "to a moral certainty." In a civil case, the allegations against the defendant need be proved only by a preponderance of the evidence. That means that the jury or judge must be convinced that the allegations are more likely to be true than not. If you have been sexually assaulted, you may pursue a civil action against the perpetrator.

Re: Sexual assault investigation

Prosecutors are not required to pursue cases and can decide not to take action for a variety of reasons, including limitations on their own resources and problems involving the credibility of witnesses or of obtaining evidence.

As Mr. Roth points out, you have the option of a civil suit. Such suits often are not worth pursuing unless the defendant is wealthy or might be covered by a large insurance policy. Since insurance in California cannot provide coverage for intentional illegal acts, you would need to find a way that the assault comes under someone else's policy or to show that it involved other conduct which is covered by the insurance.

Re: Sexual assault investigation

The decision to prosecute is up to the prosecutor. It may not be the one you wish or sound, but it is up to him/her. Your best bet is to contact the prosecutor to save the DNA and sue the person. Good luck.