When convicted of rape is the victim able to sue that person?
2006-08-29 06:20:27 · 20 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
One can always sue, but the rapist's attorney will replay the rape in a forum where preponderance of the evidence is necessary for a decision. Most rapists usually do not have assets or resources to pay damages - Incarceration usually does the trick.
2006-08-29 06:27:00 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Sueing someone for damages in civil court when they didn't get convicted in criminal court is possible. Thinking about some recent examples of this. Nicole Brown's family sued OJ Simpson. Young men against Catholic priests. Often civil lawsuits are brought against individuals or companies that could not be convicted in cour in order to make a statement about personal rights. The bottom line is that when you bring up a civil case against someone the money for attorney and trial is on you - the victum - or on an agency who is willing to foot the bill - such as the American Civil Liberties Union.
CIVIL LAWSUITS:
As a victim, you have the right to sue a criminal for damages in a civil suit. Sometimes you can sue other parties that share the blame for your harm, such as property owners or government entities.
You may wish to contact an attorney to find about :
a possible lawsuit against the criminal
the liability of persons other than the criminal
restraining orders
the time period which your lawsuit must be filed (the "statue of limitations")
collecting judgments
attorney fees
Alot of local police forces now offer victum assistance for just this thing. Of course civil versus criminal varies between state, county, city and the incident. That's why you need an attorney or just legal advice.
2006-08-29 06:35:59 · answer #2 · answered by jodimode 3 · 0⤊ 0⤋
Probably saying "to sue" you mean "to persecute in the civil court after the criminal courted has already convicted the perpetrator".
Yes, you can and you should, if your lawyer says you have a chance to win.
Real rape is the worst crime.
2006-08-29 07:02:37 · answer #3 · answered by arkadaur 2 · 0⤊ 0⤋
You can sue anyone for anything in civil court, look at OJ. He beat the criminal charges and was nailed in civil court.
The state may limit what you can get, but hey, if some sucker rapes, then rape his pockets and estate for what ever you can get. And hopefully the state has put them away for a long time.
2006-08-29 06:28:15 · answer #4 · answered by bigmikejones 5 · 0⤊ 0⤋
Yes, you can sue even if the offender wasn't convicted. Look at OJ, he got sued and lost for his wife's murder. The burden of proof is much different in a civil case.
2006-08-29 07:35:10 · answer #5 · answered by kingstubborn 6 · 0⤊ 0⤋
I'm not a lawyer or anything, but I would hope that a rape victim could sue...and sue big time.
2006-08-29 06:26:08 · answer #6 · answered by cassicad75 3 · 1⤊ 0⤋
You can sue for battery (offensive touching) and in some states sexual battery. Start racking up medical bills like shrink visits. Damages are measured by your medical bills. Find a lawyer now because most tort actions have a statute of limitations of two years, but some are only one year.
2006-08-29 12:44:09 · answer #7 · answered by Heidi 2 · 0⤊ 0⤋
Yes. You can sue them in a civil lawsuit to :
To recover costs associated with the crime
Hold offenders accountable
Feel more in control with a civil case than in the criminal justice system
Make proactive change regarding issues of public safety
2006-08-29 06:25:37 · answer #8 · answered by myjoy247 2 · 1⤊ 0⤋
Bad question. Sueing someone without a medical evaluation within 24 hours of the incident looks like malice. A bruised cervix is pretty much the only indicator of rape. Otherwise, it's your word against his.
2006-08-29 06:26:35 · answer #9 · answered by Anonymous · 0⤊ 2⤋
By law yes and no. You can sue for pain and suffering depending on the states law. but you can file charges
2006-08-29 06:24:06 · answer #10 · answered by Exactly32 2 · 1⤊ 0⤋