Legal Question in Criminal Law in California

I was raped in May 2008 but the rapist was not charged because they claimed there was no DNA even though he admitted to the rape. At the time I was 17 and he was 22. Shouldnt a statutory rape charge have been filed against him at least? What can be done in this matter legally? Is there any way to get them to prosecute because I want more than a civil suit. Im not interested in money. i need closure.


Asked on 8/26/09, 12:58 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

As I said in response to your prior question, I'm very sorry to hear about your ordeal. Once again, though, I'm afraid I must disappoint you.

There is no way to force the district attorney to prosecute any particular case. DAs don't have enough resources to prosecute every crime they believe has been committed, so they must choose which cases to bring and which to let go.

In your prior message, you said that the DA had declined this case because he had insufficient proof that the rape occurred. That's a perfectly sensible reason not to proceed. The prosecutor would rather devote the resources that could have gone into your case to other cases in which there is a better chance of winning a conviction.

If you think that the evidence is stronger than the DA had realized, you may be able to persuade him to rethink his decision. Other than that, there probably isn't much you can do.

I wish I could be more encouraging.

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Answered on 8/26/09, 1:12 am


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