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.

READ MORE: SF Citizen Detective Finds Her Missing License Plate on Identical Car Stolen From Another Resident

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.

READ MORE: Caltrans Predicts Highway 37 To Be Permanently Flooded by Mid-Century; Seeks Solutions For Vital Corridor

“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.

MORE NEWS: Jewelry Thieves Trick Victims In Union City With Bait-and-Switch Technique Used In Similar Robberies

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 This material may not be published, broadcast, rewritten, or redistributed.)