Drugged by sales rep

[Nicnatros]

I know very little about the small claims process. I'm looking for advice from an insiders perspective on what considerations we should be aware of.

Within the last year my wife has twice been slipped incapacitating date rape drugs at work outings by a visiting sales rep that does business with her company. The last event just happened recently. The lab results did not detect GHB. In fact no one uses GHB anymore. There are dozens of other drugs that produce the same result for the victim that the labs are unable to test for. The doctors diagnosis agreed that she had been given a substance. We have a lot of testimony available from her associates that were by her side during the two episodes. He had a hotel room right next to the bar. He fled the scene leaving behind his phone when we called to tell another girl to get out of the bar. Obviously he was worried the cops were coming. Her coworkers have witnessed his unwanted advances toward her. We have a lot of evidence but we do not have the smoking gun. That is how these drugging incidents always pan out.

The sales rep's manager has been contacted about the incident. We will have to leave that up to their internal controls. Of course we would like him to be fired. We assume he does this to other offices he visits. The police advised that without the lab results showing GHB we have no proof. The other drugs that are more often used are not detectable by the labs. We are interested in a small claims case against this evil person. At a minimum we would want repayment of the ER bill and lab testing. Hopefully some more money for a few nights of lost sleep for us two. We are enraged with anger toward this hellish animal. Seeking help in plotting out a revenge.

 

[quincy]

I know very little about the small claims process. I'm looking for advice from an insiders perspective on what considerations we should be aware of.

Within the last year my wife has twice been slipped incapacitating date rape drugs at work outings by a visiting sales rep that does business with her company. The last event just happened recently. The lab results did not detect GHB. In fact no one uses GHB anymore. There are dozens of other drugs that produce the same result for the victim that the labs are unable to test for. The doctors diagnosis agreed that she had been given a substance. We have a lot of testimony available from her associates that were by her side during the two episodes. He had a hotel room right next to the bar. He fled the scene leaving behind his phone when we called to tell another girl to get out of the bar. Obviously he was worried the cops were coming. Her coworkers have witnessed his unwanted advances toward her. We have a lot of evidence but we do not have the smoking gun. That is how these drugging incidents always pan out.

The sales rep's manager has been contacted about the incident. We will have to leave that up to their internal controls. Of course we would like him to be fired. We assume he does this to other offices he visits. The police advised that without the lab results showing GHB we have no proof. The other drugs that are more often used are not detectable by the labs. We are interested in a small claims case against this evil person. At a minimum we would want repayment of the ER bill and lab testing. Hopefully some more money for a few nights of lost sleep for us two. We are enraged with anger toward this hellish animal. Seeking help in plotting out a revenge.

What is the name of your state?

Just to let you know in advance: What is bolded above of your post is not a service offered on this forum. We do not help posters "plot revenge."

If you have a legal question, however, perhaps we can provide an answer or point you in the direction where you can find one.

 

[Nicnatros]

State is Iowa. I am seeking recourse through the legal system.

 

[Zigner]

State is Iowa. I am seeking recourse through the legal system.

YOU have no recourse.
What damages is your wife seeking to recover?

 

[quincy]

State is Iowa. I am seeking recourse through the legal system.

There needs to be evidence that the drinks were doctored and the unsavory fellow needs to be linked to these doctored drinks before there is a legal action to consider.

 

[xylene]

Your wife needs to make a formal report of these incidents to the police.

I'm not sure why you were told that they need 'proof' before making a report of the allegations. The dectability of drugs in blood / body fluid / drink samples is only one aspect of establishing a drugging case. Many drugs are not detectable, either because their structure is unkwone or they are active in such small amounts.

GHB is quite often used, both as a date rape drug and as a recreational drug. So I'm not sure how even if it have been detected in your wife that it would categorically prove anything.

It would be better if your wife was posting.

I think you need to get a lawyer involved so the police will take this seriously and to make a case. Rape and attempted rap are complex cases and the criminal system isn't forensic files. The absence of conclusive forensics does not mean you have no case or claim.

 

[quincy]

Your wife needs to make a formal report of these incidents to the police.

I'm not sure why you were told that they need 'proof' before making a report of the allegations. The dectability of drugs in blood / body fluid / drink samples is only one aspect of establishing a drugging case. Many drugs are not detectable, either because their structure is unkwone or they are active in such small amounts.

GHB is quite often used, both as a date rape drug and as a recreational drug. So I'm not sure how even if it have been detected in your wife that it would categorically prove anything.

It would be better if your wife was posting.

I think you need to get a lawyer involved so the police will take this seriously and to make a case. Rape and attempted rap are complex cases and the criminal system isn't forensic files. The absence of conclusive forensics does not mean you have no case or claim.

The police were already contacted and tests completed on the drinks were inconclusive for drugs.

Making FALSE allegations or allegations that cannot be proved TRUE is legally hazardous territory to tread.

I agree that an attorney can be/should be contacted to explore legal options.

 

[Zigner]

I'm not sure why you were told that they need 'proof' before making a report of the allegations.

I don't believe anyone said that she needs proof before making a report. What I feel and (I believe) Quincy is saying is that she will need some sort of proof in order to make a successful civil claim.

 

[quincy]

I don't believe anyone said that she needs proof before making a report. What I feel and (I believe) Quincy is saying is that she will need some sort of proof in order to make a successful civil claim.

Yes that. And I also had flashes of a defamation suit being filed by the sales representative.

Nicnatros and his wife need to be careful what they say about the sales representative - and to whom they say it. Filing a complaint with the police is one thing. A qualified privilege attaches to a police complaint that provides some immunity from suit.

Making public accusations that are not backed by sufficient evidence, on the other hand, are not privileged statements and, if these accusations lead to harm to the reputation of the sales representative and his firing, it can result in an extremely costly defamation lawsuit against Nicnatros and his wife.

 

[xylene]

I don't believe anyone said that she needs proof before making a report. What I feel and (I believe) Quincy is saying is that she will need some sort of proof in order to make a successful civil claim.

That's how I understood the OP's post, which is 3rd party and unclear, and obviously subject to alternative interpretations. That said, police demanding forensic proof or evidence before even a formal report will be made is also a not uncommon experience for date rape victims.

I also understood the OP as that the tests were done by ER medical personnel on the wife, not by the police and not on the drinks. That was alos somewhat vague.

I agree there needs to be proof to establish any civil claim, but I'm more inclined to believe that witnesses and testimony from medical personnel may suffice. I just don't see that undetectable poisons render a would be rapist immune from any possible recourse, thought the difficulty is real.

The OP and wife should be discussing this only with the police and their lawyer for many reasons, of course one of those is to avoid lawsuit risks themselves. I also want to state directly that their plan for a small claim case is preposterous.

 

[quincy]

That's how I understood the OP's post, which is 3rd party and unclear, and obviously subject to alternative interpretations. That said, police demanding forensic proof or evidence before even a formal report will be made is also a not uncommon experience for date rape victims.

I also understood the OP as that the tests were done by ER medical personnel on the wife, not by the police and not on the drinks. That was alos somewhat vague.

I agree there needs to be proof to establish any civil claim, but I'm more inclined to believe that witnesses and testimony from medical personnel may suffice. I just don't see that undetectable poisons render a would be rapist immune from any possible recourse, thought the difficulty is real.

The OP and wife should be discussing this only with the police and their lawyer for many reasons, of course one of those is to avoid lawsuit risks themselves. I also want to state directly that their plan for a small claim case is preposterous.

I agree. This would not be small claims.