united-states criminal-law florida sexual-assault rape
What evidence to I need to win a case against a man who spiked my drink?
<p>Last week I went to dinner with friends where I met a guy (a friend of a friend). After dinner he offered to come up for a drink to his place, he made me a cocktail, I had two sips then my other friend called me and I decided to go meet her. I got up to leave, he grabbed my arms, pulled on him and started choking me. Next thing I remember, I woke up 30 min later face down on the floor. He acted like nothing happened. When I opened my eye all I wanted to do was crying, I left immediately and call the cops. I submitted all my bloodwork and other evidence.
The guy is coming from a very well know and powerful family. At this point I'm convinced that it's not his first time doing something like that.
My question is, if I decide to take him to court what are my chances to win the case, and what evidence do I need to win it?</p>

<p>The key to proving the alleged crime would be to demonstrate beyond reasonable doubt that you did not give consent to the sexual encounter i.e. that it happened against your free will. For example, if there is evidence that you indeed were asleep/unconscious (which in turn could be supported by some evidence that the drink contained something that could make you fall asleep) that would be sufficient because an asleep person cannot give consent.</p>
<p>If you simply say that you were asleep without further proof, but he says you were not and that you gave consent, that will probably raise doubt sufficient to acquit him.</p>
<p>His primary line of defense would be that you freely accepted his invitation and came up to his place. Whereas this does not by itself mean that you consented to sex, it strongly adds up to the doubt that you did not — which is usually enough to acquit a defendant in a criminal trial.</p>

<p>TL;DR: If trying to go forward legally is what you have decided to do, the first step you should take is to contact a lawyer for a consultation (many lawyers have free or nominal cost hour long consultations, that can give you a first step). You are absolutely going to need a lawyer if you go forward. If this &quot;guy is coming from a very well know[n] and powerful family&quot;, then he is certainly going to have one.</p>
<p>The first thing is to understand is what &quot;taking him to court&quot; means, and for what you can do so for. You cannot bring him to court on charges of rape, as Florida does not allow private prosecutions. What you can to is:</p>
<ol>
<li><p>Ask the local district attorney, etc. to prosecute him, and agree to give testimony. You can not force them to do anything, if they choose not to prosecute.</p>
</li>
<li><p>Pursue a lawsuit (a civil action) for a related tort, which would be something like (IANAL), assault or infliction of emotional distress; a civil judgement would be probably be monetary only; there certainly would not be jail time. Rape is <em>not</em> a tort, it is a crime; it must be prosecuted by the state. To do this, you need to talk to a lawyer.</p>
</li>
</ol>
