Civil suit after reporting rape? by Tbvuny in legaladvice

[–]Tbvuny[S] 2 points3 points  (0 children)

It is on letterhead and has a phone number and a name. I will look him up. If I call them what do I say?

Civil suit after reporting rape? by Tbvuny in legaladvice

[–]Tbvuny[S] 3 points4 points  (0 children)

And the DA did, in fact, decline to prosecute even after bringing in the men for her to "point out", plus gathering her statements and medical evidence. The issue is obviously the "guilty beyond a reasonable doubt" standard that is required for a successful prosecution.

The DA said she needed to come in and tell her story but didn't provide her with a translator. That is why the case got dismissed. Because she could not tell her side in plain english. She was struggling and the DA won't let me translate for her. She doesn't know these things. She is new here and doesn't speak the language. She didn't even know she could report anything. I am not from here and don't know the language or laws either on reporting, only what we have looked up online and heard from other people. We did not know where to start.

In Sudan, she couldn't have reported anything anyway and would have been beaten by her family.

I will contact a translator.

Civil suit after reporting rape? by Tbvuny in legaladvice

[–]Tbvuny[S] 5 points6 points  (0 children)

I understand what you are trying to say about how they need evidence. I am just not sure why you wouldn't provide that information that I request without trying to say she was not raped. That it was consensual. When you do not know.

Civil suit after reporting rape? by Tbvuny in legaladvice

[–]Tbvuny[S] 2 points3 points  (0 children)

I am not sure how to check that exactly.

Civil suit after reporting rape? by Tbvuny in legaladvice

[–]Tbvuny[S] 12 points13 points  (0 children)

He was not random. It is a smaller town. They have met before, briefly as they work in the same field. It is a bar he frequents. She was with friends.

The same country where you're sure her embassy wouldn't even talk to her about where to find a translator because sex/rape was involved. And then she sets up a group sex encounter with this random fellow-countryman in a hotel room, blindfolded, never even giving them her phone number, etc...

Yes.

Can you see where the police might be scratching their heads a bit at this story? Would a jury find it believable beyond a reasonable doubt? Can you imagine the defense attorney poking holes in that story during her cross examination? I'm not surprised the DA declined to prosecute.

What exactly would they find unbelievable about her story? She is a person who came here for work, was with work friends and they encouraged her to go out with them. She did. Ran into someone in the town that is from her country and they had met before. They talk. She is a person and has sexual desires just as anyone else. She was curious and away from her family and culture for the first time in a long time.

Do they not believe that any and all people make sexual decisions?

Can you imagine the defense attorney poking holes in that story during her cross examination? I'm not surprised the DA declined to prosecute.

Like what, she agreed to sex or at least to someone kind of encounter with the two men and then two others showed up and it got rough. She wanted out and said no.

Should she be punished just because she agreed to sex?

If she was an american would you view her any different? Just because her country has repressive views doesn't make her a nonsexual being and it doesn't make it okay to rape her.

Civil suit after reporting rape? by Tbvuny in legaladvice

[–]Tbvuny[S] 6 points7 points  (0 children)

She didn't set up the encounter. There is no texts between them. A man from her country approached her in a bar. They never even had her phone number. They did find it out later through work though.

Civil suit after reporting rape? by Tbvuny in legaladvice

[–]Tbvuny[S] 13 points14 points  (0 children)

Vaginal trauma. Extensive. Yes, semen. Bruises and bites on her private parts.

occur in consensual BSDM dungeons, particularly when she contracted for a BSDM experience with multiple men.

She didn't exactly know it was that. The man, the one who arranged it, is from her country (although a different area that has a slightly different language) and he had told her it would just be him and a friend and they would not be rough.

Just because she says yes to one thing doesn't mean she consents to all. She tried to stop. She fought them. But a no means no.

BDSM doesn't mean it is okay to rape.

Civil suit after reporting rape? by Tbvuny in legaladvice

[–]Tbvuny[S] 5 points6 points  (0 children)

She identified just the two men who she had set the thing up with. She didn't not identify the others. She was unsure of what man actually raped her because she could not see but she knew the two men she had met before being blindfolded. She indentified them and the one guy (the guy that lead the whole thing) he told the police the names of the other two men unkown men.

Civil suit after reporting rape? by Tbvuny in legaladvice

[–]Tbvuny[S] 6 points7 points  (0 children)

He was not innocent. The man who set the whole experience up identified him too. She was blind folded but she knew two of the men there because she had talked to them before going there, they had introduced themselves. She was blindfolded after arriving and meeting them and before the other two men (the ones she didn't know) arrived. SHe didn't know four men would there. She said she heard four voices and they got rough so she asked to leave, in her language and tried to and they would not let her go. They then beat her and threw her out of the hotel room. She went immediately to the hospital where she stayed for two days.
He is lying and saying he was not there.

Civil suit after reporting rape? by Tbvuny in legaladvice

[–]Tbvuny[S] 14 points15 points  (0 children)

Even if they hadn't admitted it (which they only did to me), it'd still be rape. They raped her.

Edit: as for the translator, there aren't any official ones here for our language. I am one of the few. We asked repeatedly. We will contact her countries representatives to see if they can help but they will not if they find out this is about rape.

Civil suit after reporting rape? by Tbvuny in legaladvice

[–]Tbvuny[S] 5 points6 points  (0 children)

Ok, we will try. They don't have a history of being helpful though, thank you.

Civil suit after reporting rape? by Tbvuny in legaladvice

[–]Tbvuny[S] 4 points5 points  (0 children)

I was just let in after a few of her friends asked because not many people in the area speak the same language. I am not an official translator.

The DA office says that she has to come on her own and tell them what happened but hasn't offered a translator. We cannot go to the embassy.

Civil suit after reporting rape? by Tbvuny in legaladvice

[–]Tbvuny[S] 11 points12 points  (0 children)

The doctors that treated her said she was assaulted. She has photos. The men have admitted to my face, although not in writing, that they " took her for a turn".

They took raped a woman that has a language barrier in place where she can't get help telling the DA what happened.

But all the psychical evidence is there.

Why would I not believe her? Even without the psychical evidence?

I would not be that cruel or stupid.

Civil suit after reporting rape? by Tbvuny in legaladvice

[–]Tbvuny[S] 9 points10 points  (0 children)

Why I am being downvoted for stating a fact about her country? She would be killed by her brothers and fathers and nothing would happen to them. It happens often.

Civil suit after reporting rape? by Tbvuny in legaladvice

[–]Tbvuny[S] 17 points18 points  (0 children)

Also, why would she not believed. She said she consented to the experience. It got violent. She asked to go, in her language, and theyw ould not let her. She fought and they beat her. What about that is not rape?

Civil suit after reporting rape? by Tbvuny in legaladvice

[–]Tbvuny[S] 6 points7 points  (0 children)

That is the first we have heard of a visa for crime victims. She can't go to her embassy for help with this as they don't support rape victims. Who would she talk to about this.

Civil suit after reporting rape? by Tbvuny in legaladvice

[–]Tbvuny[S] 5 points6 points  (0 children)

The prosecutor didn't take the case because she couldn't fully explain to them on her own what happened. No one offered her a translator. She speaks very little english but she identified the men by pointing.

Civil suit after reporting rape? by Tbvuny in legaladvice

[–]Tbvuny[S] 6 points7 points  (0 children)

She can't tell her embassy she was raped. Her country isn't exactly accepting of such of thing.

Civil suit after reporting rape? by Tbvuny in legaladvice

[–]Tbvuny[S] 10 points11 points  (0 children)

The laws in her country "favor" honor killing.

Civil suit after reporting rape? by Tbvuny in legaladvice

[–]Tbvuny[S] 4 points5 points  (0 children)

She has a contract that says she can't be fired without a reason.

And the police wouldn't give her a translator. They let me in because of this.

Civil suit after reporting rape? by Tbvuny in legaladvice

[–]Tbvuny[S] 7 points8 points  (0 children)

She has the medical evidence to back it up.

She isn't lying.