Legal Question in Criminal Law in Indiana

I recently filed a rape charge. I went to a friends house where i became very intoxicated. I dont remember anything up until the incident. I remember waking up to this guy kissing me and he took my bottoms off. I remember feeling something down there. I was in and out of it during this time, like a dream. When i woke up i started putting it togeather and confronted him. He first denied it was even him, then said it was him but we didnt do anything and said sorry. Well i left and filed the report and got a rape kit done. After my detective interviewed him he admitted to having sex with me but says it was consentual. I know i didnt want to do anything. I keep replaying it over and over. He refused to get a poly but i had one. They said it was inadequate in my case due to the intoxication and is hard to prove. My detective asked a prosecutor and she said i didnt have a strong enough case. I know its hard to prove, but is there anything I can do?


Asked on 9/21/09, 1:21 am

1 Answer from Attorneys

Jay Rigdon Rockhill Pinnick LLP

You can file a civil suit for damages against the perpetrator. You would either to have pay the lawyer yourself or convince them to handle it on a contingency basis. Does the guy who did this have any money or other assets?

You do not have any way to make the prosecutor file a criminal case.

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Answered on 9/21/09, 11:31 am


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