We're back and ready for our next case of the day.
Let's welcome it with this quote
by French writer and philosopher Michel de Montaigne.
It reads,
"A lack of evidence
leads one's conscience to testify against us."
I hope their conscience speaks loudly,
because there are people who do unspeakable things
yet their conscience never speaks up.
Bring out the litigants.
She may look innocent, but she ruined my life.
Crimes are often determined
by the presence of physical trauma.
What about trauma to the soul?
Good afternoon and welcome.
Good afternoon, ma'am.
Ray, you're suing Kelly.
Tell me who she is, why you're suing her,
and what you demand to settle this case.
Ma'am, I'm suing Kelly for $100,000 in damages.
She slandered me, so I'd also like a public apology.
She tarnished my image.
Okay.
I'm not exactly sure what your "image" is,
but I'm sure you're going to expand on that.
So you demand $100,000 and a public apology.
Now, tell me the facts surrounding the case.
Yes, ma'am.
This all took place about six months ago.
Let me tell you a bit about myself.
I'm a student at...
I'm a sophomore majoring in architecture.
I was awarded a scholarship for my excellent grades.
Okay.
Unfortunately, I met Kelly six months ago at a party.
It took place on campus, on a Friday.
I'd gone with some friends of mine.
We met, talked, and danced a while.
The party ended pretty early on, around 11:00 PM.
We decided to keep partying
at my place in the student dorms.
She agreed to come with us
and decided to tag along with me and my friends.
That's not true.
Kelly, listen.
You can give me your version of the story later.
Okay, ma'am.
Well, she came with us to my dorm.
Once there, we continued drinking.
I offered her a drink, but she declined.
She never drank while she was there.
While we were drinking,
she turned on some music and started dancing.
We kept talking...
but as she was dancing, I noticed she came towards me.
I was sitting on the sofa next to my friend Luis.
Our friend Daniel was sitting across from us.
When she came towards me,
I figured it was because she liked me.
She came over and started flirting with me
and kissing me.
She took off her shirt in front of both my friends.
You know that's not true!
That never happened, ma'am.
You can tell me your version of the story later on.
Relax.
Thank you.
She took off her shirt in front of everyone.
As she was kissing me,
I noticed she started caressing Luis.
Luis was right next to me.
She started touching him, got up,
and started dancing around him.
She started kissing his ears and whispering sweet nothings.
I was pissed.
Then she moved on to my next friend.
And did the same thing.
She took off her pants!
She ended up in her underwear.
Then she started dancing for all of us.
We were all in shock.
They were enjoying themselves,
but I was pissed because I thought she liked me instead.
Then she said to all of us,
"I want to do something new. I want to have a foursome."
They all agreed to it.
They wanted me to be a part of it, so I agreed too.
All three of us slept with Kelly that night.
We all had sex in my dorm room.
I asked her if she was sure,
and she said yes.
No one forced her?
Had she drank any alcohol that night?
Not at all.
She was fully conscious the whole time.
Yes, ma'am.
Once everything was over with,
she left just as she came.
We hung back,
drinking and talking about what had happened.
It was amazing.
Amazing? You raped me!
You and your friends raped me!
Will you let me finish?
They raped me, ma'am!
The sooner I finish hearing his side of the story,
I can go on to hearing your side of the story.
Thank you.
She left, then my friends left after another while.
I went to sleep eventually.
I woke up at 9:00 AM
to the sound of someone pounding on the door.
I got up, afraid,
and opened the door only to find five cop cars outside.
I was being arrested for rape.
Kelly had accused me of rape.
I was shocked. I didn't know what to do.
Everyone was staring at me.
That's why I said she tarnished my image.
I was arrested in front of the entire dorm for rape.
You pig!
Shut up!
I was taken to the police station,
where I found Luis and Daniel.
They were there on the same charges.
Okay...
I spent the two worst days of my life in prison.
You deserved worse! You should've stayed there!
Why'd they release you?
They weren't able to find any evidence against me.
There wasn't any proof.
What's that on your podium?
It's the newspaper article that was published about the case.
So in the end, all charges were dropped.
Yes.
They should've stayed in prison, ma'am.
They raped me!
He and his two friends.
"After multiple interrogations, investigations,
and the examination of all evidence presented
in the case...
it has been concluded that this case will not proceed.
The parties involved
and their respective testimonies
weren't enough to determine who the real aggressors were.
On the contrary,
this might just be the typical tale
of drunk, immature college students
doing things they ultimately regret
and trying to make up a crime to make up for their actions.
The three alleged criminals
have since been exonerated by the authorities.
No charges were presented against Kelly,
the supposed victim of a false rape."
They raped me, ma'am.
False rape?
You raped me!
She was fully conscious the whole time.
She consented to it. It was her idea.
So your names were all published in the papers?
Yes, ma'am.
Our mug shots came out in the news, as well.
What consequences has this brought on for you?
Well, for one, I can't get a job.
Employers always bring up my rape charges.
That's because you're a rapist!
I'll give you an example, ma'am.
Say a man is accused of molesting a child.
He's forever labeled a pedophile,
even if it isn't true!
Even when I do manage to score a job,
they end up firing me two weeks later
because I'm supposedly a rapist!
I can't get a job, ma'am!
But it clearly states this was all a sham.
People don't get that, ma'am.
Okay, understood.
How do you respond, Kelly?
Good afternoon, ma'am.
I'm going to tell you
exactly why I refuse to give this man a single penny...
much less offer him a public apology.
I'm the victim here.
He and his friends raped me.
Let me give you my side of the story.
Go ahead.
It's true.
We did meet six months ago at a college party.
I went to the party with a friend.
Once there, I met Ray.
We had a great time together talking and dancing.
It was all going so well until the party was over.
That's when I noticed my friend had disappeared.
She probably ditched me for her boyfriend or whatever.
I tried calling her, but my phone was dead.
He offered to take me to his room.
Since I'd had such a good time with him,
I agreed to come.
I didn't see anything wrong with it.
I went to his room with him...
He was a total gentleman.
No.
No! It was just us.
You knew I only wanted to be with you.
We got to his room and he was super sweet with me.
We talked for a while, ordered some pizza,
and then did the deed.
It was just him and me.
Okay, hold it right th
Having sex with him was a mistake.
I didn't realize that until it was too late.
I was in his room after we'd finished having sex...
Let me talk.
After we finished doing the deed,
he got up and left the room.
Okay.
Two seconds later, he showed back up with two more guys.
He sat down in a chair, still drinking.
He then said,
"Relax.
We're all going to have a good time."
I kept staring at him, wondering what was going on.
I thought this was supposed to be something intimate.
I didn't know what those other two guys were doing there.
They both came up to me and started touching me.
She's changing the story.
That's not what happened!
Hold on.
I'm trying to get her side of the story.
That's not what happened, though.
Let her talk.
I was already naked in bed...
because I'd just finished having sex with him.
Then he showed up with his two friends.
I was already naked.
He basically tricked me.
So the other two guys are the ones that raped you.
Yes.
They both raped me.
I was already naked,
so it's not like they had to rip my clothes off.
I tried to scream, because they were raping me.
He was just sitting there, laughing!
Didn't you try to scream?
No! They covered my mouth.
They gagged me with a piece of my clothing.
Didn't you scratch anyone?
Why didn't you try to scratch them?
They held me down.
It was me against three other guys.
But I thought he was sitting in a chair, laughing.
Yes, but...
I couldn't defend myself against those two guys.
They pinned me down.
I was helpless.
What was I supposed to do?
I tried screaming, but...
What happened on the following day?
I mean, what happened once it was all over?
I didn't know what to do. I was in shock.
I just grabbed my things and left.
I went to the police station and filed a report.
They then ran some tests
and found three different types of semen inside me.
You wanted to sleep with all of us.
-No, they raped me, ma'am. -Did you bring any evidence?
Yes, I brought a copy of the police report.
So what happened next?
I filed a report and they ran tests on me
and they found three types of semen.
They also found pubic hair, because I'd been raped.
Other than that, they didn't leave a trace.
They must be professionals.
I'm sure they've done that before.
I swear, ma'am. I was raped.
Just because they didn't leave any marks on me
doesn't mean they didn't rape me.
I'm the victim in all this.
Go back to your podium.
Ma'am...
Yes?
I'd also like to countersue him.
I demand a restraining order against him.
Why?
You keep harassing me.
I want my money.
My mother needs her money back.
You need to pay me.
You need to pay for all you've done.
Bring out the plaintiff's witness, please.
Here's what I don't understand.
The charges were dropped.
There was no evidence of rape...
and the police considered charging you
with making false accusations.
She knew what she was doing.
Good afternoon.
What's your name?
My name is Luis.
So you're one of his friends who was there that night.
She slept with me too.
Slept with you? You raped me!
You wanted to have a threesome.
You pig!
Hold on.
I'm in the same predicament he is.
I also demand money for damages.
You can't demand money. You're just a witness.
You should've come as co-plaintiff
in order to demand money for damages.
They just want my money, ma'am!
What's your statement?
I brought evidence of damage to my car.
I've had to give it multiple paint jobs.
I also brought a copy of my mug shot,
which was featured on the news.
I see.
Is this what they did to your car at school?
They spray painted the word "RAPIST" onto it.
That's what he is!
It's the second time this happens.
And this is all despite the fact
that all the charges were dropped.
Apparently, people have a lot of time on their hands.
Okay. Let's take a short break.
Ma'am, I'm sorry to interrupt,
but I'm currently homeless.
I don't have a place to stay,
and it's all because of her accusations and slander.
She's a spoiled little girl.
She has money.
See, ma'am?
He's just interested in my money!
I'm practically homeless.
Good afternoon, Arlete.
Hello, ma'am.
I met Kelly at a university conference on rape.
I participate in these conferences
for my daughter's sake, primarily.
Four years ago, my daughter was raped.
She was raped by a famous football player.
We've been trying to seek justice for the longest time,
but all to no avail.
That's how I found out
that universities tend to keep cases like these under wraps.
What's that got to do with me?
She's just telling us about her experiences.
That's how she met Kelly.
I'm here to support Kelly
and state that these kinds of things do happen.
I don't know why,
but universities tend to quiet many incidences of rape.
Admit it. You pig.
Okay.
Let's bring out the defendant's other witness.
Good afternoon. What's your name?
Daniela.
You're here in support of Kelly.
Yes.
I don't know why.
I'm Ray's ex-girlfriend.
We were engaged.
I was totally in love with him.
I admit it.
After I found out what had happened, I forgave him.
I forgave him because I was in love with him.
Excuse you.
I was in love with him.
About a month ago,
I noticed a stark change in his attitude.
He became violent and stopped talking to me.
He changed completely.
I went through his phone
and found a picture of her on his phone.
Why wouldn't I keep a photo of the girl who ruined my life?
I brought evidence.
-Let me see. -I was investigating her.
I found out that her family is wealthy
and now I want them to pay me back for all my losses.
Yes, I had a picture of her on my phone...
He's obsessed with her.
I just want my money and life back!
He's obsessed with her, ma'am.
How long has he been obsessed with her?
I forgave him, and even then he changed.
I'm broke and I'm being falsely accused of rape.
How am I not supposed to be pissed?
What kind of evidence is this?
I was going to marry him, ma'am.
We were going to get married!
Why would he have a picture of another girl on his phone?
That's not right.
It's only because I was trying to find out who she was.
How old are you?
20.
-How about you? - 23.
What's he doing with a picture of her?
Even if he was going to marry you...
Please.
You're cute and all,
but guys keep pictures of other girls on their phones
because they think they're pretty.
Doesn't matter if they're getting married.
That's just a fact of life.
Please bring out Mr. Hector Schwerert, investigator,
and Detective Peñate.
I haven't the slightest idea what's going on here.
Seriously.
Good afternoon.
Good afternoon, Your Honor.
What's going on here?
Well, rape is one of the most serious and traumatic crimes
that can be committed against a victim and society at large.
No doubt about that.
They not only leave profound physical wounds,
but also psychological damage that may never heal.
Rape is such a serious crime,
whenever it gets investigated,
an entire team is assigned to the victim.
The officer isn't the only one in contact with the victim.
In any case,
it should be an officer trained in handling rape cases,
preferably a woman.
There's also a psychologist and sociologist
assigned to the case.
Forensics plays a part in the case,
as does the DA and a team of social workers.
That being said,
investigators need to be careful in dealing with these cases.
If the wrong person gets interrogated
and subsequently arrested or charged,
that is going to mark them for the rest of their lives.
It doesn't matter if their case gets dismissed
or the charges dropped.
The very arrest is enough...
To taint your reputation for life.
The one thing that caught my attention in this case
as I was reading the report
was the fact that during the medical investigation,
no evidence of trauma to the vagina was found.
You can ask her any questions you'd like.
I was wondering the same thing.
If a girl gets raped by two guys,
she must have some evidence of trauma on her body.
Any evidence.
Ask away.
They used a sheet, ma'am.
I don't know how they did it.
This probably isn't their first time.
As a woman, where do I stand in all this?
I was raped.
How do we know they aren't going to rape anyone else?
She's a spoiled brat.
She clearly said she wanted to have a foursome.
We never...
You know that's a lie!
Detective, what's your take on all this?
What can I say, ma'am?
I've investigated multiple cases like this one.
I don't know exactly what happened in this case,
because arrests were made,
but I've been faced with cases
where testimonies didn't match.
He never denied having sex with her.
Neither did she.
So there isn't much point to forensics in this case,
because we know they had sex.
It's odd that the supposed subjects
don't have any markings on them
showing attempts at self-defense.
She has nails. She can defend herself.
I said that.
She must've had bruises from being pinned down.
I know!
From my experience...
Silence!
What tends to happen is,
girls partake in certain activities and experience...
They come to regret it.
Like girls who have group sex and feel guilty afterwards,
so they accuse their sexual partners of rape.
That's not what happened, ma'am.
They do it to clear their conscience.
Yes, and in doing so, they ruin the lives of others.
In these cases,
I always try to review all the available evidence
before presenting it to a DA
so that they can then make their ruling.
Only then would I proceed with an arrest.
In this case, they did do that.
The DA determined that there was insufficient evidence
to declare this a bona fide rape.
All because I wasn't bruised?
Just because they didn't leave any marks doesn't mean...
Sweetie, look.
You didn't have the slightest bruise.
In cases of rape...
Listen.
In cases of rape, there's always evidence of violence.
There must be some markings.
You claim to have been pinned down.
Your wrists must've been bruised somehow.
There must've been some kind of marking...
to prove that there was a rape.
Your genitals...
Listen!
After rape, genitals are often torn and battered.
Non-consensual sex can cause inflammation and tears
in a woman's vagina.
You exhibited none of that
according to the police investigation.
Nothing whatsoever.
You can say you were raped all you want,
but it's very hard to believe it in this case.
It's an extremely violent act.
What isn't fair?
They raped me, ma'am!
No one raped you! You wanted it!
You and your friends raped me!
You know you did!
You were completely sober!
This clearly wasn't a rape.
ALCOHOL. [Ella protesta] DOCTORA: USTED SIENTE QUE AQUÍ NO HUBO VIOLACIÓN.
Nope.
Would you agree?
As per the medical report,
there was no trauma to the vagina.
No signs of trauma anywhere.
People, listen.
Unless she managed to ease into the rape...
If you can relax during the rape, it's not really rape.
You wanted it.
Unfortunately,
that's what the evidence is showing in this case.
I need to go by the evidence
and by the way you express yourself and your case.
My ruling.
I rule in your favor.
She doesn't have to offer an apology, but I will anyway.
I'm sorry about the lie she propagated about you.
You're to pay him $100,000 in damages within 30 days.
It's final. Case closed.
Be kind, be careful, and get educated.
Give respect to earn respect.
May God help us now more than ever.
See you next time.
CC: TELEMUNDO NETWORK captioning@telemundo.com (305) 887-3060
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