If I have inconsistencies in my statement for a sexual assault charge, will they deny the claim?

Question

I was sexually assaulted by a friend in March of this year. I reported the situation and the investigaters made contact with the individual. When I gave my statement the first time, I put in my statement that I was very intoxicated and I could not remember every detail. I was later diagnosed with post traumatic stress disorder and I have been suffering drastically. When I went to meet with the DA, she told me that they could not press charges against the perpetrator because in my statement I said I did not remember everything and the perpetrator gave details in his. She said it would not hold up in court. I told her that I remember everything now and that I did not think it was fair to the victims of sexual assault because we are suffering while the perpetrators are set free to possibly do it again. After making a big fuss and pleading my case, the DA told me that she believe me and that if I was willing, she would allow me to hand in another statement. I really want to hand in another statement, but I think there may or may not be some inconsistencies in my statement. For the most part, I remember wat I wrote then, but now my memory has grown further and the night everything happened is like a movie that keeps playing over and over. I do not want to seem like a liar, but I do not want him to get away with this. What do you all think and PLEASE NO IGNORANT REMARKS OR COMMENTS. I am serious about this situation and I need help from an outsider. This situation has really taken a toll on me and it's bad enough I reside in a state where the laws and statutes are already messed up. Please tell me what you all think with the little bit of information that you have. Thanks to ALL and God bless!

Answer 1

Guilt beyond a reasonable doubt is necessary to convict and the prosecutor is telling you that your original statement seems not to meet that standard. The fact that she is willing to have you submit another statement does not necessarily mean she will proceed with the case.



Your initial statement will still be valid and your additional statement will supplement and add to it. These statements and other factors will determine whether the prosecutor will move forward. The alleged rapist's attorney will have all evidence available to him and will try to show that your statement(s) do not meet the reasonable doubt standard by pointing out inconsistencies, etc.



IMO, go ahead and make the statement and explain it as you started to do here. You come across as honest and the now recollected changes and reasons for them may help the prosecutor decide to proceed. Leave it up to her at that point as to whether or not to go forward.



Remember, the prosecutor may be considering the effects of losing on YOU, too. You WILL be dragged through the mud by the defense and it may not be worth it if the chances of obtaining a conviction are low. Whatever you decide, best of luck to you! RJ

Answer 2

i AM SORRY TO HEARwhat happened, but do you really think charges will be pressed? You were "very intoxicated "..how can you or a jury be sure you didnt consent? You say in your question you arent really sure what happened, and there are inconsistancies. By allowing yourself to become intoxicated, you gave the wrong message to the guys. You lost controll of yourself, and no jury will beleive you didnt lead him on.What he did was wrong, but I dont think you will get anywhere with this.

Answer 3

I'm sorry but very intoxicated coupled with inconsistencies, spotty memory and then what will seam like "miraculous" memory recovery will make a very weak case, there's no way they're going to get a criminal conviction, especially not one as serious as rape.