Do I Have A Case For Malicious Prosecution?

Location: Pennsylvania

In January of 2024, I was raped by a police officer. I was incapacitated. I was barely conscious, could barely keep my eyes open, let alone stand unassisted. I had initiated some physical contact at a bar in the form of kissing. I believe that I was drugged as I only consumed a few shots but was so out of it that I could not even speak. He told me that he would help me get home, and I assumed that meant my home, so I got into the Uber with him. He brought me to his home. I had to basically be carried upstairs because I was so intoxicated. I was raped vaginally and anally and was then uberred home. I had tried to contact 911 but couldn’t speak so I texted them. One says “i raped by poljce oofficicer”. No one showed up, and I woke up the next day covered in blood and bruises. I went to the ER then.

There is video footage of me in the Uber home. I am unable to sit upright and am consistently falling forward in the seat. My eyes are rolling back in my head at times. I fell getting out of the car and could barely get into my apartment. I was so clearly incapacitated that two police officers at the apartment complex asked if I was okay. I told them no and that I was raped by a police officer, and needed an ambulance. They never called one.

I also have texts to my friends and to other law enforcement that I knew, stating I was raped.

Of note, those texts were occurring the night of and I am so incoherent. I am begging for help, stating that I do not know where I am, that “it hrut SO MUCH qhen h w put it in pls csll me pls” (it hurt SO MUCH when he put it (his penis) in,” as well as “i fdll down stairs he says cateful i say im so drunk he says i dont thjnk so BUT I FALL POWN steps”, and so on. Another text is me frantically telling my friend that I cannot find my shoes because I was so incapacitated that the police officer actually had to undress me. I laid there and I could not move my arms or legs. He had put my shoes somewhere else.

I filed a report for sexual assault. After two different interviews, I was told that they would not pursue charges against him. I was then arrested for filing a false police report and two counts of falsification of unsworn testimony. The charges were dropped with prejudice, but refiled a year later.

Their evidence is based on the fact that I had searched neck bruising a month prior to the rape. It was unrelated. They also cited that I kissed him first. Consent can be removed at any time.

I was diagnosed with a c-spine sprain from strangulation and had to be given blood transfusions for how much blood I lost vaginally and anally. I was also diagnosed with PTSD.

I understand that no action can be taken yet due to the charges being active but if they are withdrawn again, at that point I could theoretically sue. Does this sound like something that falls under MP?