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"Stand up for what you believe in, Never give up hope and Have your Voice Heard"

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Why would the DNA of a RAPE be INCONCLUSIVE and the RAPIST BE EXCLUDED?

I was a rape on December 28, at approx. 4am and finally received a rape test at approx. 7pm. The rape kit came back inconclusive and therefore the rapist was excluded. They found the semen and bruises but no charges have been filed.  Why would the DNA test be inconclusive? How could he be excluded due to inconclusive results.  I saw the test results myself. What should I do? I filed a civil suit, but it is going no where.  The district attorney has not met with me and criminal charges were not filed.  WHAT CAN I DO? CAN ANYONE GIVE ME ADVICE?


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Success is measured not by the heights to which one rises, but rather by the obstacles that one has overcome.

An inconclusive DNA test does not exclude anyone.  DNA can exclude someone only if the DNA is found to be inconsistent with the individual.  An inconclusive test does not exclude anyone. 

 I would talk to the district attorney's office to determine why no charges have been filed.

Good luck.  You have my sympathies.


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"Stand up for what you believe in, Never give up hope and Have your Voice Heard"

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mzrdmd, thanks for your reply.  The district atty office would not review this case because the attacker is the mayors son in the same town as the district attorney.  nothing is being done.  i have filed a civil suit, but it is a nightmare fighting the sheriff's department, the mayors department and the mayors son....i am up against all of these socioelites..  You would not believe the non-support i have not received in this small political town.  This is why I have just begun to reach out to the public via internet.  I have to keep believing that there are a lot more good people in the world than bad ones.  I am tired of not having the social support that I desperately need.  I need help from intelligent people who are willing to help me show all of the other women of violence that we can stand up for our rights.  We do have a voice.  I need all the advice I can get.  Thank you for taking the time to reply. 


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12 thumbs up

Success is measured not by the heights to which one rises, but rather by the obstacles that one has overcome.

Again, you have my sympathies.  Sounds to me like it is the "good ol' boys network" at it's "finest".

 Perhaps you should consider going over their heads.  Perhaps contacting the state attorney general's office or your state police and explain the situation.

 Let me know what happens.

 Later,

Mike


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If you want to make peace you don't talk to your friends, you talk to your enemies. - Moshe Dayan

I am so sorry to hear about what happened.

I have to admit I'm not sure if a sheriff's department is the same as a police department in aspects regarding criminal behavior. If there is a difference as I think there is, I would suggest going to the police and reporting the incident. Make sure you get a copy of the police report, and you get the name of the police officer who took your statement. I would also suggest getting a criminal attorney not residing in your county. This attorney can be in direct contact with the district attorney and most likely put pressure on him to file charges. You can also file a civil lawsuit against the attacker and have the attorney bring the charges in front a judge; it will be very easy for an attorney to request a change of venue because of the conflict of interest in that the attacker is the mayor's son.

I have to ask, only to be better answer your question; did he wear a condom? It's possible if he did that DNA would be inconclusive. While this is a setback in some respects (that you have no DNA to prove the attack), it is also a blessing in disguise in that it is less likely that you could have contracted something from the attacker.

Whatever you do, don't give up. You are absolutely right that he deserves to be punished. There are many people that are willing to help, me included, to see that justice is served. You are a very brave woman and your voice will be heard. If you need help finding an attorney, let me know. I will do my best to help you find one.


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