Q: Can the victim can do anything about the lack of victim's rights offered and police & prosecutor not including evidence?
I was the victim of an assault from my ex. He was eventually charged (months after the assault) because I stayed in contact with the police department's Professional Standards Unit. The detective on the case was non responsive until PSU got involved. When the charges were pressed, the charge did not include the bodily injury caused. I had Emergency room records from the assault stating exactly what he did (matching all of my other statements and the 911 call), showing abrasions and a diagnosis of a concussion. I was told there was no way I could prove he caused the injuries due to a lack of a forensic medical exam and that it was up to them what he got charged with. After the pre trial hearing, he got deferred disposition. I was never given a VIS or allowed at the hearing.
While I was waiting for the charges to be pressed, the detective did nothing about telephone harassment, torment, and threats from my abuser - I presented call log records and voicemails to the him & prosecutor.
A: There doesn't sound like anything else to do in terms of criminal law. However, in civil law you could seek a protective order based on family or dating violence... and perhaps even stalking based on the voicemails. You might be able to sue him for the cost of medical treatment but unless you had huge hospital bills it is likely the legal fees would eat up most or all of the recovery.
A: Sounds like your ex might have a relationship with the police of which you unaware. When certain people seem to get away with sketchy behavior time and time again, it often turns out they are working with the police. He may be a cooperating witness who the police just can't seem to control. Sometimes they don't even try, but usually police try to control the bad behaviors of citizens they are working with.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
