BENSONHURST - A Bensonhurst woman who says her husband abused her claims the district attorney's office victimized her a second time.

Marilyn Herrera says the system failed when she took her husband to court after he allegedly assaulted her last May. Herrera says it was the last straw in a history of domestic abuse that included being spit on, verbally abused and punched. Herrera's husband was arrested, arraigned and released while awaiting trial.

According to Herrera, the Kings County District Attorney's Office bungled the case, causing it to be dismissed. Herrera says prosecutors mistakenly closed the case and showed up for the trial unprepared, resulting in a dismissal. Herrera says the DA's office has told her a case cannot be reinstated once it is dismissed. She now fears for her safety with her alleged abuser on the loose. She is also fighting her husband for custody of her two youngest children.

The district attorney's office says it is investigating the handling of the case.