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WA prosecutor is dismissing charges of rape on insufficient evidence, is there anything that the victim can do to keep case open
I got raped last year, I filed charges in May. The prosecuter is dismissing charges on "insufficient evidence" when he is going off of statements that aren't signed nor as accurate as they could be
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is this even legal? Can I send it up to a higher court then just the district court? How do I make them believe that I got raped?
You present a difficult problem. When there is a delayed outcry, as you suggest happened here, the prosecutor has to wonder why you didn't come forward earlier. Not that you are required to - but the delay makes it harder for a prosecutor to prove his case. The prosecutor has to look at all of the circumstances and balance your statement that you were raped, with all of the other evidence either supporting, or refuting your claim.
In addition, the prosecutor has to keep in mind the cost of prosecuting the case versus the likelihood of a conviction. If the prosecutor is certain that the case can't be successfully prosecuted, there is little chance that he or she will dedicate the time, money, and effort in what he or she perceives is a losing battle.
So what can you do? Most states have "rape shield" laws, which prevent alleged rape victims from being polygraphed as part of an investigation. But to my knowledge, there are no laws prohibiting you from volunteering to be polygraphed on your own accord. If you passed a trustworthy polygraph test, there is a chance that the investigation might be re-opened. But there are four potential problems with polygraph exams, too:
1) You'd have to find a polygraph examiner who is trusted by the prosecutor's office. Not all polygraph operators are trusted. You might be able to get the name of a trusted polygraph examiner from the prosecutor's office, or from local defense attorneys. But there' s no sense in getting an exam if the prosecutors office won't respect the results.
2) You'll have to pay for it on your own. Expect to pay $500 to $1,000 to have one done.
3) The results are generally not admissible in court. But that doesn't mean that the prosecutor won't consider the results to be additional proof that the crime occured. In a close case, it may tip the balance in favor of prosecution.
4) There is no guarantee that it'll make any difference.
