Good evening! I can help you out with your legal question tonight. I'm very sorry that you had to experience this. It is a horrible act and is actually criminal.
Yes, if you brought the evidence to the police, including the video and texts, etc., then they could pursue him for assault and/or rape.
While you can't predict him, you can request a restraining order that would help protect you from being near him.
Is there any possible way for him to refute the charges despite all the evidence? I have the confession and the video with his hands in it. I just don't want to go into this if the evidence isn't going to be enough.
Yes, of course he will refute them and say you were awake and wanted him to do this. It will then be up to a jury to determine if he is guilty or not. Talk to the police and and the district attorney. If there is sufficient evidence, then the district attorney will bring suit.
If they don't feel it is enough, then they won't do anything.
So if I have a text of me saying specifically that he molested me while I was passed out, and he replied that he was so sorry, that he knows it was horrible, or something like that admitting to guilt, it doesn't prove that he did it? And a voicemail of him fake crying that he will pay for what he's done and if the police come for him he'll go and accept the charges?
Yes, that is an admission of guilt and will be admissible in court for a jury to hear. Yes, all of those items would be evidence for a jury to hear and read.
Okay. I still don't know whether I should go through it or not.. Do you have any experience of cases like this and what the outcome would be after everything?
Yes, I do, but I can't predict the outcome. Even if convicted (which I believe he will be) I don't know his prior record and how strict the District Attorney will be. You've filed a police report, so that is the first step.
If I decide to go through with it, and then talk to a district attorney and feel uncertain about the outcome, I can just drop the charges without him knowing?
Actually it will get to a point, where you will no longer have the choice. Once the evidence is in, then you may not be able to turn back.
When do I have the choice to drop the charges?
When it is just a statement in a police report. After you disclose the texts, video, etc. then it will be out of your hands.
Okay. Thank you for the information
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).