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Nashville rape victim: Assaulter not prosecuted because 'he thought she was someone else'

Summer Sweetie

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NASHVILLE, Tenn. (WZTV) — FOX 17 News is investigating after a woman came to us for help claiming the District Attorney’s Office in Davidson County declined to prosecute her rapist because they couldn’t prove he “knowingly assaulted her.”

Most of the time, FOX 17 News doesn’t release the faces or names of people who’ve been xesually assaulted. But in Amy Dewland’s case, she’s angry and wants people to know her story.

“The decision is just as bad as the actual rape, that’s what it feels like,” Dewland said.

The decision she’s talking about is from the District Attorney’s office not to prosecute a man she says crawled into the bed she fell asleep in after a party and xesually assaulted her. She says that man later claimed he was drunk and thought she was someone else who he had a xesual relationship with.

“It shouldn’t matter, because the bottom line is, there was no consent given. So it doesn’t matter who he thinks he’s touching, there was still no consent to it,” Dewland said.

In emails between Dewland and the detective helping her, Special Victim’s unit Det. Richard Hyatt, he explains is like this:

Amy,

I do have some news, but unfortunately it’s that the DA’s office has declined to pursue prosecution on the case. The explanation that I received is basically this:

“The State believes there is evidence that a xesual encounter occurred between the parties. However, the circumstances surrounding the incident are at issue. Based on the facts above, it appears that [the accused] would testify that he thought he was touching Jessica who he was in a casual xesual relationship with at the time. Further, Jessica would testify that she would not have been uncomfortable with this given their relationship. It seems mistake of fact as a defense could be asserted. Mistake of fact is a defense to prosecution if such mistake negates the culpable mental state of the charged offense. Based on the totality of the facts and circumstances, the consensus of multiple assistant district attorney’s is that there is NOT sufficient evidence to prosecute for Rape “beyond a reasonable doubt.” Therefore, prosecution is not recommended at this time. Should additional evidence present itself, this matter may be revisited.”

This was the conclusion of the DA’s office. The case will be closed due to this decision. If you have any questions, please feel free to call or email me. Thank you.


When Dewland replied and asked if this means because he made a “drunken mistake” he’s getting off with no consequences, the detective responded with this:

If I’m understanding it correctly, I believe that their point is that the DA’s office would have to prove that he INTENTIONALLY touched you in this manner to convict, and they believe it’s plausible that he really did think you were the girl that he was dating/sleeping with at the time. I’m glad you can appreciate the fact that it’s not my decision and that I don’t necessarily agree with it, but they are the last word. Let me know if I can help you further in any way.

FOX 17 News reached out to the DA’s office to ask what was behind this decision and if this sets a dangerous precedent. A spokesperson for the District Attorney’s office says they’re looking into the case to find out more information.

For Amy, it almost feels like she spent ten agonizing months fighting an excruciating fight that was emotionally and mentally exhausting. She even spent time getting the accused to admit and apologize over text message.

“That was like the most nerve-wracking scared I have been just talking to him again,” Dewland said.

Reporter: “To see the explanation in writing of, ‘Well, he thought you were someone else so “

Amy: “Yeah, it’s just so ridiculous, it’s like flabbergasting that that is, he was drunk it’s fine, it’s such a joke, and it’s a really scary precedent to set you, you know?”


 

Skin Noir

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Anytime I hear about a woman being raped and her rapist not being held accountable, I think about Nate Parker and the woman he raped who ultimately took her own life because she could not live with how he violated her.
 

D E L E T E

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In no sane world would this be a defense.

I am willing to bet if you investigated it, this man or his family would have significant ties to a LEO or the judge and his family.
 

cherrypop

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When are we going to admit that rape is basically legal in this country?
rape should be considered legal in the uk because the conviction rates are less than 2%. i have a higher chance of going to prison for an unpaid parking ticket or for smoking BLOODY WEED than a rapist has for rape. men will insist 'its not legal because its a crime in british law' but if its not being enforced properly whats the point

we live in a patriarchy where men have power and we know men will protect other men. its insulting that they even provide us with excuses like 'i didnt know who she was it was a honest mistake' or 'i didnt mean to rape her i thought it was consensual'. these same men are usually the most homophobic because they dont want men to catcall/harass them the same way they catcall/harass women. there was one guy who claimed he was naked and when he fell down on top of a woman, his 'penis accidently entered the woman's vagina. i didnt fall down on purpose and therefore the rape was accidental and i shouldnt be prosecuted'

men need to hold other men accountable because women everywhere know that men dont take us seriously when we talk
 

cherrypop

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Anytime I hear about a woman being raped and her rapist not being held accountable, I think about Nate Parker and the woman he raped who ultimately took her own life because she could not live with how he violated her.
i only just found out about this now, this is horrific. i cant believe he found a wife after this. Him starring in 'Birth of a nation' as a hero alongside Gabrielle Union, a woman who went through rape herself is just wild. if this doesnt show how psychotic men can be i dont know what will

edit:

he was asked in 2016 about the 1999 rape he and another rapist took part in. his response was that 'i was acquitted, i have nothing to apologise for, please enjoy the new film i am in Birth of a Nation' and literally 4 DAYS after saying that he says 'my thoughts are with the family of the victim who died in 2012, my heart really goes out to her'

his level of cognitive dissociation from a crime he committed and freely admitted to in a recorded phone conversation is insane. the fact that hes married and has multiple daughters is also worrying
 
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finessse

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i’m so sick of these stories. we should just start killing our rapists and leaving no evidence.
 

Nixxgamigao

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i’m so sick of these stories. we should just start killing our rapists and leaving no evidence.
I'm all for killing rapists, but I don't know how many rape victims can just leave no evidence. There's too many male identified women and predatory men that will notice something and start saying that there's an agenda to kill men smh.
 

O.o

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i only just found out about this now, this is horrific. i cant believe he found a wife after this. Him starring in 'Birth of a nation' as a hero alongside Gabrielle Union, a woman who went through rape herself is just wild. if this doesnt show how psychotic men can be i dont know what will

edit:

he was asked in 2016 about the 1999 rape he and another rapist took part in. his response was that 'i was acquitted, i have nothing to apologise for, please enjoy the new film i am in Birth of a Nation' and literally 4 DAYS after saying that he says 'my thoughts are with the family of the victim who died in 2012, my heart really goes out to her'

his level of cognitive dissociation from a crime he committed and freely admitted to in a recorded phone conversation is insane. the fact that hes married and has multiple daughters is also worrying
His wife HELPED him and his cohorts harass the victim.

He film making colleague did time for the crime.

Nate is first class grade A scum!!!

And he had a baby on his wife, his oldest is not from her.
 

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