Victim was so drunk at a party and passed out she doesn’t remember if she said “no” therefore this case can not be prosecuted.
With a proper investigation and the development of Probable Cause, the case will be presented before the State Attorney’s Office to be reviewed for prosecution.
Myth: The victim is partially to blame for the attack because of the way she dressed or because she was acting flirtatious.
Fact: No victim asks to be sexually battered and no person deserves to be a victim. There is no correlation between dress, appearance, and age.
Myth: If I report a crime as a victim and later decide I no longer want to proceed with the investigation / prosecution, I have wasted everyone’s time and can be charged with a crime.
Fact: While timeliness is very important in investigating these types of crimes, ultimately it is the victim’s decision on whether to proceed with the investigation. As long as the victim did not lie during the investigation, the victim cannot be prosecuted for not cooperating with law enforcement. Cases have been successfully prosecuted that occurred several years prior.