Legal Question in Sexual Harassment in California
I was recently sexually assaulted and reported it. there was bruises on my body, a tear in my vagina, some vaginal bleeding, and scratches on my neck where the man held a metal object to my neck. the medical examiner wrote down on the report 'apparent menstrual blood". I wasnt on my period but there were no internal scratches. i believe i was bleeding from my cervix as a result of the rape. the detective who questioned me seemed like he didnt care nor believed what had happened to me. i reported him, but that didnt go anywhere. when i was questioned, i said that i had consented to sex with the man at first but then told him to stop when it had become violent. he then asked me to drink alcohol and marijuana and i did it because i was afraid. he then raped me again twice. i told all this to the detective and DA. the DA said he would not file charges because there was insufficient evidence. I think this is bullshit. I think there is enough evidence to convict this man. the mans explanation was that it was "consensual rough sex". the detective told me that the man said when asked "did you ever hear her say no?" had said yes. he said that he admnitted to trying to force himself upon me, and i said no. when he did it again, his story was that i had said "not until you get a condom", he said that he went to the store, got a condom and came back but decided not to have sex with me because he couldnt perform. though this story is completely fabricated, i believe it is an admittance of attempted rape at least. i told this to the detective, he said "no, because it was without fear or force according to the man". i believe this to be untrue. ive researched a little and i have found that rape can be rape if someone has sex with someone when they are under the influence of drugs/alcohol. I was. the detective didnt bother to test me for the marijuana or alcohol, but the man said i took it and willingly. as for the physical evidence, i dont think that many women would consent to having rough sex to the extent of having tears in her vagina. so i think at least there should be charges filed at least. if not, any man can get away with raping women, the elderly, etc and say that it was "consensual rough sex". that is ridiculous. am i right about this? anything else i can do?
2 Answers from Attorneys
Surely there must be a sexual assault crisis center or other resource in your locality for women who have been victimized. Possibly you could sue him.
Did this happen at work? Was this attacker a co-worker or was this a social situation that turned bad? Do you know if this person has any assets? I ask this because if it is not work related and the DA will not prosecute criminally then you only have a potential civil complaint but if the attacker has no assets it would be like getting blood out of a stone. You should consult an attorney and a rape counselor. I hope this helps you. Bob
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