Legal Question in Criminal Law in Texas

I was sexually assaulted, orally, by a male friend (I am also male) while I was intoxicated. I didn't realize what had happened until the alcohol had worn off the next day. After I confronted him about it, he wrote me a letter 2 days later in which he apologized and also in direct terms says he knows he raped me. I filed a police report and they arrested him on 2nd Degree Felony Sexual Assault charges with a $40,000 bail. The detective interviewed him, his wife and his father and told me it was an open-and-shut case. "Slam dunk" in his words. A week later the District Attorney dropped the case because they said there is not enough evidence to prosecute. I have the letter, written in his own hand as well as the fact that he admitted to doing it to his wife, his father and another mutual friend. Am I a victim of some kind of misuse of prosecutorial discretion? This guy is now parading around like he got away with something which from my point of view he did. I sought legal counsel for a civil suit but he transferred all his assets into his father's name so he is untouchable as far as the attorneys are concerned. So they declined to take my case. Is there anything else I can do?

Asked on 2/16/10, 9:30 pm

Ken Gober (Austin TX) Lee, Gober & Reyna

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Just because he has moved his assets does not mean he is "untouchable", especially if the assets were transferred after the rape.

The issue will be proving that the rape occurred (although it seems that you have pretty good evidence).

The other issue will be the amount of injury that you suffered.

I would like to discuss this incident with you to discuss your options. You can e-mail me ( [email protected] ) or call me on my cell (214-356-3615).

You may have a case worth pursuing.

Good Luck!

Answered on 2/22/10, 12:38 pm

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