Assault Victim Gets Apology From San Francisco DA But Attacker Walks Free

SAN FRANCISCO (KCBS)— A man who attacked a woman outside a San Francisco Bay Area Rapid Transit station last July will not have to go to jail despite the victim receiving an apology from prosecutors on Monday for violating her rights in the case.

A crime victim profiled in a KCBS investigation last October - that revealed routine violations of victim's bill of rights known as Marsy's Law - was finally able address the court and appeal for prison time for the man who attacked her outside the Glen Park BART station.

The victim, referred to as Jenny because she does not want to use her real name, was turned down, although the supervising district attorney did apologize.

Despite that the sentence didn't follow the law, the judge won't change it, so Jenny's attacker remains free on probation.

The victim's attorney, Rosanne Darling, a former prosecutor herself, said cases like this happen far too often.

"I think sadly, (it happens) more than we like to think. It's really just a question of victim's being aware of their rights, victims being assiduous in the enforcement of their rights and having a DA, who's handling your case, who's sensitive," she said.

Darling said prosecutors need to take the rights of victims as seriously as they do that of defendants.

As a result of the KCBS reports, the presiding judge in San Francisco instructed all local judges to inquire about the victim's rights and determine whether Marsy's Law is being followed; but Jenny said justice wasn't done for her, and that just sounds like another hollow promise.

"It's inflated; there's nothing behind it. Literally, if you blow at it with a whisper's strength it will just fall apart," she said.

(Copyright 2013 by CBS San Francisco. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)