rape and civil law
Rape is legally defined, and divided into two separate categories. There is forcible and statutory rape, both of which are considered felonies in the United States. An alleged offender once arrested will face charges in the criminal court. Within the American legal system there are two distinct arenas of law, criminal and civil. A victim of a crime will generally be a witness for the state in the prosecution of the alleged offender. Within the civil arena the victim of a crime, can bring forth a civil action suit, against the alleged perpetrator regardless of the verdict passed down in criminal court in pursuit of monetary restitution and compensation. Beyond criminal prosecution, a victim can obtain legal counsel and sue the perpetrator for personal injury in Civil Court. If the verdict is in the favor of the victim the defendant is ordered to pay money for the damages caused as a result of their crime. The realm of damages can include, pain and suffering, medical expenses, loss of income, and punitive damages. Punitive damages are not design to further compensate the victim but to further punish the offender. At the heart of a civil suit in relation to a rape or other cases of violent crime is the questions of
Although the burden of proof is lessened the civil arena, the accused perpetrator must be proven to have had an intent to harm the victim. ------------------------------------------------------------------------**Bibliography**. The second factor of a case is the victim, the role of the victim is to provide their attorney with as much relevant information as is needed to assist in obtaining a favorable judgement. Although most importantly is the ability of the victim to take a greater level of control in the legal issues pertaining to the perpetrator(s), and making the perpetrator personally accountable to the victim. The civil suit also makes the perpetrator publicly accountable for their crimes and can not hide in anonymity. In a society in which is often criticized for being ego-centric and self centered the possibility of a civil suit demonstrates the contrary. The concept of removing those that are deemed a threat to society serves to benefit the whole society by eliminating that offender's opportunity to reoffend. Statutes and state laws can prevent the victim from being able to bring about a civil suit. Within the context of liability the victim of a crime may also be inclined to peruse a third party suit against those that in some way facilitated the occurrence for the crime to take place. Civil litigation can offer victims monetary compensation essential to their emotional and physical recovery and restitution which will cover the legal fees that are incurred. The two factors that are most important in a case are the victim's attorney's ability to construct an insightful presentation of the facts that may very well encourage a judge or jury to find in favor of the plaintiff. Generally a third party suit is focused on the amount of liability and negligence if any in respect to the third party. The possibility of finding the defendant to be dangerous on the grounds that the accused has had past charges, as opposed to the type of impairment in which justifies the commitment. An example of a charge of negligence of a third party would be a business not providing adequate lighting in a parking lot or structure.
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,
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