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Can i sue a county sheriff's department for not pursuing my aggravated rape case, submitted two years ago?

Smyrna, TN |

i was blackout drunk and didn't know what was going on at first, when the woman pulled me into the bedroom; i thought she just wanted to talk. but then she got me naked, and after she started foreplay on me, the man showed up as a shadow in the door frame. the next thing i know, he's naked in the bed as well ... so on and so forth. he was in his mid 40's and she was in her late 30's. to top it off, i was one month out from knee surgery, had just started walking with no crutches, and my leg straight, with only a slight limp. they knew that i had just previously had surgery, and took advantage of the fact that i was a gimp and blackout drunk - this attack was premeditated because they knew i was going to be absolutely unable to fight them off. it's been two years since. nothing's been done.

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Attorney answers 3


No, you cannot sue the sheriff for not pursuing a case. Just as you could not sue the DA /prosecutor for not pursuing the case. It is a matter of discretion each agency has. That does not mean that you cannot write to either or both to find out the status and why nothing is being pursued.
I think TN has a 3 year personal injury statute of limittations. If you know the people involved and if they have some assets, you could sue them in state civil court.

The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.


If a victim walked into my office when I was a prosecutor and started with "i was blackout drunk and didn't know what was going on at first" I would decline to file without any physical evidence too.

Did you say no? Did you call 911? Did you have a rape kit done? Were any of the linens preserved? My questions point out issues with the case.

Here are two locations that can offer you counseling and survivor assistance and point you to help more local to you:

Rape And Sexual Abuse Center
Davidson County
25 Lindsley Ave
Nashville, TN 37210

Sexual Assault Crisis Center
Knox County
PO Box 11523
Knoxville, TN 37939

Here is link to a report on rape in TN:

Mr. Hudson is correct, you should seek a personal injury attorney who is willing to file a personal injury claim on your behalf. | For confidential answers on Florida law, call 1.800.452.9357. Attorney James Regan, LL.M, Esq., is a Florida lawyer answering questions pro bono. Answering these consumer questions based on limited and unverified facts does not create an attorney-client relationship. Being posted on the internet, these questions and answers are not confidential. For confidential answers on Florida law, call 1.800.452.9357.


No, you cannot sue the police, or the prosecutor or district attorney. The DA has wide discretion in deciding to file charges or not. You can contact them to see why they have declined to pursue your case. However, I suspect that your own description of your condition will have played a significant part in their decision.