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