|
|
#1
05-02-2005, 10:42 AM
|
|||
|
|||
Slow legal system
I have a friend who was raped at gunpoint 3 years ago. The case is still pending eventhough the evidence is overwhelming.
The trial is scheduled to conclude this Wednesday, but the case keeps getting moved back by the desperate defense, Wednesday may be no different. The DA says this is standard in all rape trials, because victims are often unwilling to relive these traumatic events years after having "put it behind them" so to speak. This is disgusting. Seriously, let's get a real legal system in place. 
|
|
#2
05-02-2005, 10:56 AM
|
|||
|
|||
|
Re: Slow legal system
[ QUOTE ]
I have a friend who was raped at gunpoint 3 years ago. The case is still pending eventhough the evidence is overwhelming. The trial is scheduled to conclude this Wednesday, but the case keeps getting moved back by the desperate defense, Wednesday may be no different. The DA says this is standard in all rape trials, because victims are often unwilling to relive these traumatic events years after having "put it behind them" so to speak. This is disgusting. Seriously, let's get a real legal system in place. [/ QUOTE ] I wonder if you can use this against the defense when suing them in civil court for mental anguish.
|
|
#3
05-02-2005, 12:12 PM
|
|||
|
|||
|
Re: Slow legal system
[ QUOTE ]
I wonder if you can use this against the defense when suing them in civil court for mental anguish. [/ QUOTE ] The victim can argue mental distress stemming from the rape. Not from reliving the experience at the criminal trial, per se, but if she already has it, the condition may be further drawn out or exacerbated. Therefore, drawing out the criminal trial may increase her damages due to the fact the experience will be more difficult to put behind her. Nevertheless, you will find that most often, crimes are not pursued as torts in civil court because the perpetrator lacks assets. As a matter of fact, in many types of criminal cases, if the victim is persistent enough with the D.A. or the perpetrator, retribution can be built into the sentence or plea. Yet, this is often unavailing due to the fact, these defendants just don't have money.
|
 |
|
|
Linear Mode
