FELONY RAPE DROPPED TO MISDEMEANOR
Any time someone is arrested and believe they have been falsely charged they should have their attorney use a qualified private investigator to assist with their case review. Someone that is experienced and has a background in criminal defense investigations.
Approximately seven months ago I was asked to assist with a felony aggravated sexual assault case.
The facts of the case were a twenty-year-old male that was employed as a bouncer for a popular night club and was at this establishment just hanging out on his day off.
He was approached by one of the female patrons while he was outside the bar smoking. The two later re-entered the establishment where they continued conversing over drinks.
As he was an employee of the establishment he offers to show the female the break room that was used by the visiting bands when playing for this establishment.
This break room which is located in the basement, had its own cooler filled with beer and was also furnished with comfortable chairs and a couch.
After the two enter this room the statements of what happened depends on who the statement is from.
The male is seen exiting this room via the surveillance camera which recorded these events. He exits the room alone and is seen going up the stairs to the main floor.
The female exits the room about three minutes late. She is recorded walking out of the room texting on her phone. She slowly departs the basement using a different set of stairs to the main floor.
This female contacted a friend to transport her to the hospital where she stated that she was sexual assaulted. law enforcement was contacted by the hospital staff to investigate.
At the hospital, this female gives a statement as to the events of the assault.
She stated she met this male that claimed to be a bouncer of the establishment, they shared a few drinks, and he offers to show her a room used by the visiting musicians that are playing at the establishment.
This female tells the investigating officer that she was already intoxicated when she first meets this individual, having consumed several alcoholic drinks prior to meeting him. This female informs the officer that she was to intoxicated to knowingly consent to any sexual encounters.
She also tells the investigating officer that this is not her first time being sexually assaulted.
The female continued to tell the investigator that after entering the room, the male subject forced himself upon her and sexually assaulted her.
When the investigator interviewed the male subject involved, he stated that the female consented to the sexual advances and was a willing participant.
When I was provided all the police reports, photographs and video I became concerned over the following:
In the video the female exited the room fully clothed, calm and collected. She was texting on her phone and she walked up the stairs.
She contacted a friend who took her to the hospital where law enforcement was called.
During her statement, she informed law enforcement that this wasn’t the first time she had been sexual assaulted.
Taking all the above, add the location and person accused of this sexual assault being an employee,(this happened in a popular establishment and by an employee). Which means a civil lawsuit by the victim against the establishment.
Something that alerted me that this needed a more in-depth investigation was the victim informed Law Enforcement that this was not the first time she had been sexually assaulted. I knew that by her statement “I was too intoxicated to consent” that this was not her first time involved in a sexual assault case.
The investigating officer should have inquired from her how and why she was using that statement. That is usually a question asked by law enforcement to a victim.
It was disturbing to find that during a preliminary hearing the accuser stated that she had been served approximately six or seven drinks and that she felt the effects of those drinks.
During her hospital exam blood was taken and it was found that her alcohol level at the time of the assault was .05. A person with a blood alcohol level has not consumed six or seven alcoholic drinks and they are still able to make rational decisions.
Even with that evidence, the prosecutor refused to follow up on the past sexual assaults even though this could be exculpatory evidence. The victim was not from Idaho so this made it even more difficult to trace these allegations.
In the early 1980’s States moved to protect alleged victims of sexually related crimes of the humiliation and embarrassment of being a victim of such a crime. Lawmakers moved to ban irrelevant evidence that wasn’t related to the crime. This included the character, morality, and the sexual history of the alleged victim. Unfortunately, this makes it difficult to find other reported allegations as other departments and or states will not respond to a request for this information citing the rape shield even if the crime is found to be false.
This is where it is beneficial to have an experienced investigator assisting you. Most law enforcement agencies, even with a public record request will provide information on past sexual assault rape victims.
The Rape Shield does not protect against false or unfounded claims of sexual assault.
Using social media and a deep web search, I was able to find past friends of the victim and then using their social media sites searched past sites for information of when and where these alleged sexual assaults took place.
Once the location of these past allegations was identified, which both locations were again in a business/school type setting, I was able to confirm that not only were the sexual allegations false, but that the alleged victim never attended the two locations she claimed they occurred at.
This information (evidence of facts) was used to discredit the victim’s statements
Once the above information was discovered and provide to the prosecutor, he had no choice but to reduce the charges in which the defendant agreed to pled to and settle the case.
This is the reason that you need a qualified experienced private investigator assisting your attorney with your case.
The private investigator has to have an understanding of the laws and how they relate to your case.
This is the second time with in a year that we have assisted in helping someone that was accused of a sexual assault that was unfairly charged and about to spend a lengthy jail sentence for a crime that was not committed.
This is an example that using an experienced private investigator to assist your attorney could make a difference when you are wrongly accused.