Told to repost here.....Hiding evidence in a rape case... Army

Asked 7 months ago - Oklahoma City, OK

I just learned that the investigator in my rape case hide the fact that my attacker served jail (2) days then went to prison the next year for violating the same offense. In the ROI he cited that no derogatory information was found on him. But my source with the FEDS and the Sheriff office cited that it was entered into the NCIS database. Can I sue the Army for hiding evidence in my rape case?

Attorney answers (2)

  1. Kevin Duane Adams

    Pro

    Contributor Level 8

    1

    Lawyer agrees

    Answered . The way I read the question you were the victim in the rape case and want to sue the government because the investigator did not turn over evidence to the prosecution. The short answer in my opinion is no. Lawsuits are based upon either Constitution or statutory rights. As a victim you have no constitutional or statutory rights to an investigation.

  2. Raymond George Wigell

    Pro

    Contributor Level 19

    Answered . Perhaps is the answer that I know you don't want to see. However, many other factors will determine the viability of an action against the government. How this will effect your case is of more concern. Your criminal defense lawyer is in the best position to advise you regarding priorities.

    This answer/response is based on the information provided in the question asked and requires a much more complete... more

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