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Originally Posted by JnCC Absolutely! But while "safeguarding your privacy" is important, the real advantage to consulting with an attorney is civil liability. Even if there is no criminal prosecution, you probably have grounds for a lawsuit based on the toxicology report alone. I don't think it's much of a case, but faced with the facts and the cost of defending themselves, you might just get them to offer you a settlement. Just a thought... |
JnCC, we considered the civil lawsuit angle, but we purposely did not raise this as a reason to consult with an attorney. Consulting an attorney for a civil lawsuit (without first reporting the crime) can taint the criminal case and damage the accuser's credibility. A successful prosecution (or even an arrest) will provide a very positive backdrop for a civil lawsuit. Working the system in reverse (i.e. starting with a civil suit) may also put the victim in a position where they don't have the benefit of a proper criminal investigation.
Also, we are aware of the privacy protections regarding rape victims. But, rape has not been alleged in this case, and without an eye witness to a rape, prosecution is likely to be very difficult. The police will undoubtedly lean on alot of people and try to produce an eye witness to rape, if one exists. First course of action - get a search warrant and look for evidence of Rohypnol posession.