sexual assault

[kittykatkatx]

if someone gets accused of sexual assault but there is unsufficient evidence what does this mean especially when the accused does not get charged or even gets taken into court

[allmymarbles]

If accusations alone could charge a person with a crime then we could anyone we disliked in the hoosegow. To support an accusation of sexual assault (rape?) there would have to be witnesses, or tissue damage plus DNA matches, or some other reliable form of evidence.

I presume the injured party is someone close to you, and I am sorry for that. Have you checked to see if the accused has a prior record of assault?

[RockRose]

Neethy,  if your daughter went into the ER directly after being roofied,  that would have shown up in the testing.  I don't know what happened specifically,  but in my experience police work hard,  and Rape Clinics work REALLY hard to pursue cases of rape,  often taking the woman's version of events when there is some evidence to contradict it.  

I'm really sorry for what happened to your daughter - that must be very frustrating - but I'm also so aware of charges being filed when girls lie.  

Rape is a really hard thing to prove in some circumstances - but in her situation where she was roofied,  it's a bit of a puzzle that once they found that in her system this wasn't moved forward.

Best wishes for your family.

Sorry OP to derail this thread but I can't even tell if you're asking for a victim or a possible suspect in your post.   Could you elaborate more?

[neethy]

my daughter is confronted with the same variables, insufficient evidence, 6-8 month wait for forensics, and an assailant who denied any wrong doing, and a police force who will not pursue the rapist unless he admits it. Directly after the assault she went to hospital and had a rape kit administered, had visiable bruising on her arms and legs, after being ruffied, but according to police we have no evidence....meaning your case is at the end of the line unless he admits it. The police,hospital and rape clinics do not test for all the variable necessary to get real results. in our case we pursued protection order and received one so we have his name in the system for one year, and we are having her hair tested for alternative drugs used to render her unconscious...THERE ARE ONLY TO U.S. LABS THAT CAN TEST FOR  DRUGS IN A PERSON'S HAIR. you have to do the work yourself as well as pay for it . police have no interest in pursuing a case that takes actual work . it's the victims word against the rapist. unfortunately the rapist has to admit to it. Which means the case is probably CLOSED. And you need to focus on keeping the victims mental health strong......i hope i'm wrong but it's not what we are experiencing.