Share this on:
 E-mail
11,166
VIEWS
22
COMMENTS
 
SHARES
About this iReport
  • Not verified by CNN

  • Click to view JamesHornik's profile
    Posted November 14, 2011 by
    JamesHornik
    Location
    Los Angeles

    More from JamesHornik

    A gay man can't be raped... Just ask the LAPD - My battle for Rape Victims Equality

     

    This is my story:

     

      I had been staying in Hollywood to work and hang with friends for much of the month of August, and all was well besides the typical drama one would find in such a big city where people never seem to sleep.

     

        On the night of August 29th 2009 I decided to get a bed at the Orange street hostel right off of Hollywood blvd instead of staying with some friends who had been arguing the last few evenings. I checked in and got my key, went to my room, it was a regular sized room with 2 sets of bunk beds. I didn't meet my roommate until later in the evening when I returned to go to bed. I guess you would describe him as a young slightly attractive Australian guy. He was traveling California as he writes songs for an album he hopes to make one day. The typical introductions quickly became sexual, he kept asking questions about my sexuality and bedroom preferences, it was making me uneasy. I was really tired, I dont talk this way to people I just met, and I was totally not interested in sex with a stranger. Just hours earlier I had been hanging out with the guy I had a secret crush on. So to avoid this guy I left to take a very long shower with the idea in mind he would be long since asleep by the time I return. I took my usual medications which was a combination of sleeping pills and a few other things to treat some anxiety and depression I had been experiencing due to the loss of two people I knew. So an hour or so later when I should have already been in bed, I was quite clumsy and stumbled into the room, I got into bed wearing some green Adidas shorts, my favorite green T shirt, socks and underwear. I hardly remember hitting the pillow after looking for my phone charger without luck, so I set my alarm for 9am since I needed to be up.


    I woke up the next morning completely nude with only my underwear around one ankle, my shorts and shirt were missing, the blankets on my bed were gone and looked to be piled up on the bed of the Australian guy, and he was nowhere to be found.

     

    I frantically jumped up still unsure how I had ended up naked and without any blankets, it was then I realized I had lube on my penis and between my butt cheeks; I was also bleeding a little bit. By then I was just absolutely in a total panic, yet sure I was going to wake up from this terrible nightmare any second. What had happened last night, where's my clothes, where's my phone, and WHY do I have lube and blood on me.  Now at the point of fighting back tears, I walk to the front desk to find out when my roommate had left and if I could get his name because at that point I realized I had been raped and needed to call 911.

     

    I told the lady at the front desk I had been taken advantage of in my sleep, my phone and clothes I was wearing last night were missing and that I believe it was my roommate from room 10, she directed me to the pay phone to call 911. I called 911 and proceeded to wait. While I waited I sent out some emails to family and friends saying I needed help and that my phone was gone. At this point I hadn't told anyone else about the rape. I was still trying to come to terms with it myself.

     

    I waited for nearly 3 and a half hours, the police never showed up, so I reviewed the cameras with the lady at the front desk looking to see if the guy had anything in his hands as he walked out of our room. We couldn't see much but she then pointed out he had left his bags and said take them, search them, I dont care. He had just left them right there next to the front desk and she said had left in a rush without paying for the room the next evening.

     

    My mindset was that this guy knew he was in trouble and took my phone so I wouldn't wake up, this way he could buy himself as much time as possible to get away. The lady at the front desk gave me his full name and even wrote it down on my receipt from the deposit I had paid on the room the night before. I let her know where I was going to be if he wanted his bag back since she seemed to be really busy and more into her job than that fact that I had just been raped. So I grabbed his suit case and walked out and waited at the address I said I would be at.

     

    Another 3 hours passes and finally the cops walk up, and the lead investigative officer asked me if this is my bag. I immediately let them know I was holding the bag because this guy had taken my blackberry and sexually assaulted me in my sleep. It was All downhill from there. The cops couldn't understand why I had shared a room with this guy and how the sex wasn't consensual because we had shared a room. Despite me telling them time after time it’s a hostel and I don't get to choose my roommates there. I don't know this guy, never seen him before last night, and I had not chosen to have sex with him. Someone sitting at the same table as me spoke out in my defense and tried to explain to the officers how a hostel works, but they only threatened this person with arrest should they interfere with an ongoing investigation.

     

    In cuffs the Australian guy and I were taken back to the hostel while they investigated things. Once the cop printed out a photo of me walking out with the bag from the hostels security system he didn't care why I had taken it.

     

    He flat out told me “a gay man cant be raped” It was at that point I lost it and started to cry, plead and argue with him, saying that had he taken sleeping pills, passed out, and I then undressed him and had sex with him that YES it would be rape because he wasn't able to consent. He told me to shut up because I was going to jail for felony theft and he didn't want to hear another word out of my mouth.

     

    I then was placed in the cop car to await transport to jail. During this time I realized nothing was going happen to the guy who raped me last night and I was going to jail for theft, and all I had done was taken this guys bag to hold it and confront him. After searching it I found lube, porn, and and underwear collection of different sizes. I never took anything out and he got everything back, but he still insisted I had taken a huge list of items from him totaling some $3,110.00

     

    handcuffed, crying for help while in total disbelief, as I sat in the back of the police car watching the cops shake this guy's hand and send him on his way, I hit my breaking point so I took my bottle mixed with sleeping pills and my other medications out of my pocket and swallowed the whole bottle, the cops noticed once I started to pass out and saw some pills I had missed scattered around on the floor or the car. They called for an ambulance to take me to Cedar Sinai hospital, it shows up 45 minutes later. While there I told my story to everyone who would listen, the nurse, doctor and psychologist, but I was denied a rape kit by the staff there at the hospital after they pumped my stomach because they didn't have the facilities to collect rape kits. I was handcuffed to my bed in the trauma room for almost 8 hours, and after telling 9 people thus far I had been raped nobody was willing to do anything for me.

     

    2 new cops showed up to transport me and I told them my story also, the nurse even questioned the cops to see if I was going to be given a rape kit in jail. she even mentioned two places in route to the jail that would collect the rape kit evidence and treat the injuries from the rape. Despite pleading with these new cops they told me they didn't care and was only there to transport me so I should be quiet and we will get along just fine. It was then I realized nobody wanted to help me because I was a 31 year old "gay" man by everyone’s perceptions and that this was happening to me because people were homophobic and really just didn't care.

     

    Even at the jail I told 3 more staff members, including the nurse and the psychologist yet nothing was done for me beyond a 800mg Motrin and a few puffs off my inhaler. I bled for 2 days while in jail and had to come to Ventura to get treatment, by then it was too late to collect evidence such as DNA to prove who had done this to me.

     

    Now I’m facing the theft charges in the Hollywood Court system and this guy will return home to Australia on November 18th and nothing will ever happen to him for my rape or theft of my blackberry.

     

    UPDATE………………………………………………………………….


    I WON MY CRIMINAL TRIAL....

     

    This trial took 2 plus months of my life, here's how it broke down time wise.... 2 week long mock trial to film the Australians side of the story, it was to be shown to the jury after he had left the country, 2 weeks’ worth of jury selection, 6 weeks’ worth of trial time, 3 and a half days of that I spent on the stand testifying, and then almost 4 days of jury deliberations.

     

    The Jury of my peers came back as hopelessly deadlocked. All charges were dropped and dismissed in my favor, the judge was a really great guy and I think he as well as the jury could see that the police had violated police procedure on many levels, violated my civil and constitutional rights in many ways, and were doing nothing but trying to bury me with this trial because from moment one I had been highly outspoken about how they were violating my rights and couldn't do this to me. Altogether there are 4 people I told about being raped before the police became involved, and then another 8 to 10 people after the police were involved. Some of them made note of it in the medical and psychological records, yet the police denied on the stand I ever even made mention of being raped that day.

     

    these days i try focusing on fighting for the rights of people who like myself were not only the victims of a horrible and demeaning crime, but also quite possibly victims a second time around by being denied basic medical care, justice, liberty, and most importantly the right to EQUALITY!!! 

     

    So join me in this epic battle against the City of Los Angeles, The LAPD, and the 4 officers involved. Look up my Cause page on Face book, Equality4Everyone.org   Help spread the word about what happened to me, help me gain funding to fight these people in court at the Federal level.

     

    The most important key issues that will be decided in my Federal Civil Rights Case that’s set for trial in May 2012 is as follows “Does plaintiff’s alleged claim of failure to obtain a rape kit amount to a constitutional violation”   THAT IS HUGE right there. It can and will affect many cases brought to the courts long after mine. So let’s take a stand and show that we DEMAND equality, we DEMAND equal protection from rape as an animal or person under the age of 18. We demand the right to treatment and forensic evidence collection; we DEMAND the right to JUSTICE!!!

    What do you think of this story?

    Select one of the options below. Your feedback will help tell CNN producers what to do with this iReport. If you'd like, you can explain your choice in the comments below.
    Be and editor! Choose an option below:
      Awesome! Put this on TV! Almost! Needs work. This submission violates iReport's community guidelines.

    Comments

    Log in to comment

    iReport welcomes a lively discussion, so comments on iReports are not pre-screened before they post. See the iReport community guidelines for details about content that is not welcome on iReport.

    Add your Story Add your Story