# How do you prove sexual assault?



## monokitty (Jan 26, 2002)

Someone I know, who will remain anonymous because it's irrelevant, was sexually assualted on what was supposed to be 'good' dating experience. The alleged attack was reported 2 days later, and a statement given by the victim. The police, via the Major Crimes Unit, is encouraging the victim of the crime, who knows the attacker, as well as where he lives, to go forward with charges. Question is.. from what I know, with zero witnesses and near the same in evidence, I can see this being a, "He sexually assulted me!," with the accused going, "She's making it up," which turns into nothing but a "he said, she said" type court case. Is there anyway to make a better case, or how does a court case prove either side?


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## adagio (Aug 23, 2002)

Without any direct evidence this case could prove messy. It's a pity the person involved didn't go directly to the police right after the assault happened. It would add more credibility to her story in the eyes of the courts. Of course I understand why she didn't. It's a shock when it happens and it sometimes takes a day or two to sink in what's happened and to take steps to do something about it.

I would encourage her to go ahead with charges, even if it means the culprit might not be found guilty. At the very least it will give the creep something to think about. *NO* way should he feel he's gotten away with assaulting a woman!!!!

I'm no lawyer, just my 2 cents. I've been involved with a case but in that instance there was DNA evidence. Gotcha.


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## MACSPECTRUM (Oct 31, 2002)

Monica? Is that you?


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## singingcrow (May 6, 2005)

Depending on the circumstances, she may have tears to her vaginal walls, that would point to forced entry. After two days, I'm sure this has not disappeared, even though his dna might have. With a lot of courage, and the support of a good friend, she could go have a full physical, and at least, there could be that? Can she prove he was with her? If she went for psychological help, and I highly recommend this, maybe there is some sort of psychological evidence?

I wish I could help more, but I too am not a lawyer. I'll send her some positive energy though.


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## gastonbuffet (Sep 23, 2004)

MACSPECTRUM said:


> Monica? Is that you?


please god, let her be monica!


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## comprehab (May 28, 2005)

singingcrow said:


> Depending on the circumstances, she may have tears to her vaginal walls, that would point to forced entry. After two days, I'm sure this has not disappeared, even though his dna might have. With a lot of courage, and the support of a good friend, she could go have a full physical, and at least, there could be that? Can she prove he was with her? If she went for psychological help, and I highly recommend this, maybe there is some sort of psychological evidence?
> 
> I wish I could help more, but I too am not a lawyer. I'll send her some positive energy though.


He said sexual assault, not necessarily rape. You watch too much tv.


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## BigDL (Apr 16, 2003)

Lars said:


> Is there anyway to make a better case, or how does a court case prove either side?


 For a charge, the test is "on the grounds of probability" for a guilty conviction "guilty beyond a reasonable doubt."

If your friend maintains the same creditable story with the same facts with every telling. The story is believable, 

If the accused can not tell a creditable story the accused will not be believed.

Remember people are convicted of sexual assault even after 30 years since the last assault.


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## ComputerIdiot (Jan 8, 2004)

I'm no lawyer either, but I did cover court for eight years as a reporter. Regrettably, as adagio said, it could get messy without direct evidence and is likely to become a "she said, he said" case. The outcome will also depend on the intelligence of the judge (and jury, if there is one) and the skills of the respective lawyers, about which there are no guarantees whatsoever. However, as BigDL said, if the victim tells the same story repeatedly, it's a huge boost for the prosecution, while if the accused can't do the same, their chances of an acquittal drop. (It was amazing how often their stories started to unravel under persistent questioning ... you'd sit and watch them trying to dodge and weave to avoid having to answer some of the Crown's questions.) I'd encourage her to press charges anyway. At the very least it'll make the accused sweat until they go to trial ... and if the prosecution is successful, the accused will have something else to think about afterwards. And please pass on my good wishes to your friend...


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## HowEver (Jan 11, 2005)

.


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## HowEver (Jan 11, 2005)

.


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## singingcrow (May 6, 2005)

comprehab said:


> He said sexual assault, not necessarily rape. You watch too much tv.


No Comprehab, I live life, and I live life as a woman. I am well aware of what sexual assault is. I am also well aware that the great majority of sexual assaults are done by someone the survivor knows, and that it happens far more than any of us know. Many are too afraid to face someone they know, in fear they won't be believed or that they might be blamed themselves for provoking it.

In addition I work with many sexual assault survivors, and in hearing everyone's experiences, you can be sure, if I don't know it first hand, I know all the ugly details of what this might consist of.

I'm hoping Lars' friend goes through with the charges. As those before me said, if it doesn't help her case, it can help many others', past and potential future.


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## Mrsam (Jan 14, 2006)

People who do this should be shot.


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## Vandave (Feb 26, 2005)

Definately go to the police and press a charge. The least they will do is investigate it and this guy's name will be on a list somewhere. Hopefully the charge will stick and go somewhere.

A second alternative would be to find somebody to kick his ass.

She has nothing to be embarrassed about. She should be very vocal about it, tell everybody, go to the press, tell his friends, put posters up, whatever...


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## JPL (Jan 21, 2005)

I agree press charges against this low life, he shouldn't walk away from this. I am amazed in this day of sexual "enlightenment", people are embarrassed by this. TV and film are overflowing with sex, in the story's and ads. Your friend must summon the courage to ensure her attacker does not feel he can continue to prey upon others and be untouchable. 

I understand that it is very easy for us to offer this advice at no cost to ourselves and that your friend is the one who will bear the brunt emotionally and psychologically. IMHO it is better for her to pay this price now rather than to spend a lifetime trying to cope with the incident as well as the fact that she didn't stand up for herself at the time.

I wish your friend the best of luck and a fast healing process.


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## gwillikers (Jun 19, 2003)

Vandave said:


> A second alternative would be to find somebody to kick his ass.


Please ignore the above advice, it's just plain stupid. Have the lady see a qualified sexual assault professional (attached to the police or the medical community) and take that individuals advice. 

My best advice is not to post something this complex in a (mostly anonymous) computer oriented internet forum. I'm cringing at both the thought of a woman being assaulted, and the thought of some guy being (perhaps) falsely accused. Mostly I'm cringing at the thought of ehMac members giving advice, with no investigative information, on such a serious accusation.

Forgive me, but the incident that you describe, and the people involved, deserve much more respect than are contained in the platitudes of ehMac citizens. And I'm being polite when I say that. 

Let professionals handle it and keep it below the public radar as long as possible. Put yourself in the shoes of those involved.


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## SoyMac (Apr 16, 2005)

gwillikers said:


> ... Mostly I'm cringing at the thought of ehMac members giving advice, with no investigative information, on such a serious accusation.
> 
> Forgive me, but the incident that you describe, and the people involved, deserve much more respect than are contained in the platitudes of ehMac citizens. ...


Thanks, gwillikers, for putting into words exactly what I was feeling about this.


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## JPL (Jan 21, 2005)

gwillikers said:


> Please ignore the above advice, it's just plain stupid. Have the lady see a qualified sexual assault professional (attached to the police or the medical community) and take that individuals advice.
> 
> My best advice is not to post something this complex in a (mostly anonymous) computer oriented internet forum. I'm cringing at both the thought of a woman being assaulted, and the thought of some guy being (perhaps) falsely accused. Mostly I'm cringing at the thought of ehMac members giving advice, with no investigative information, on such a serious accusation.
> 
> ...


Thanks God, problem solved!


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## guytoronto (Jun 25, 2005)

Everyone is innocent until proven guilty. Proving sexual assault in a "he said, she said" situation is very tough. If it's true, I wish her luck.

Anybody know if she could possibly sue for financial compensation in small claims? Small claims has the advantage of not having to "prove beyond a reasonable doubt".


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## andreww (Nov 20, 2002)

I videotape all my sexual encounters just in case evidence is required later.

If I'm ever charged the headline will probably read "He acted alone".


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## gwillikers (Jun 19, 2003)

andreww said:


> I videotape all my sexual encounters just in case evidence is required later.
> 
> If I'm ever charged the headline will probably read "He acted alone".


LMAO!! :lmao:


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