last year in the apt. we use to live in I had been watched (maybe taken pictures of) by someone who i didnt know. it was about 3 times and we unsuccessfully caught him. 3 times we saw him, but not for sure at times if he was there. he would watch from my living room, room, bathroom, kitchen - i should kno bcuz he had cut part of the screen to try to get through the window. well we moved out cuz i was too scared and we moved to the farthest place, but still in the city, the one we could find very safe atleast - now we just got a letter from the dist. attorny about pressing charges against peeping tom? what can we do, can i sue him somehow?
2007-03-27 23:13:13 · 9 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
the rent at the apt. was $875.00 and we were doing great there, i loved the place and i thot my family was safe until he came along. and now we moved into a house that is $2100 and all our savings is practically gone, we are already looking for another place in a different city because that is our only choice. my bf only gets paid $12/hr and we have 2 children so all the money for our wedding/savings is quickly fading away because of our rent. but we are in the process of moving, we've only been here for 5 months. this place is safe and all i was thinking about is my children's safety because when i was young my mom and my brother had died after an intruder got in the house and i was also stabbed but survived -and i was 6 yrs old. so i am traumatized with those kind of stuff.
2007-03-27 23:19:13 · update #1
so everytime we spot him at our window, my bf tries to chase after him while i call the police. they knew who he was because he was already in trouble for doing it to a 4 year old girl. and he is a son of a police officer. i bought a gun and i almost caught him, but i was to scared to shoot though. but the place we have now is a safe environment and i feel better having my kids here. the 3 incididents when we caught him was reported to the police, but i thought it took a long time because they were trying to protect him because he is the son of a police officer, also we talked to the landlord, showed all the police reports and she let us leave asap because of that matter.
2007-03-28 00:21:59 · update #2
i dont know how the district attorney got in the mix, but they were the one who wrote us a letter that we just now received- from my opinion i think they're asking if we want to press charges to call them.
2007-03-28 00:23:56 · update #3
get a gun, move back then wait...
2007-03-27 23:17:30 · answer #1 · answered by i like tacobell 2 · 1⤊ 0⤋
I think you have some grounds for expenses against the peeping tom, but there are also additional considerations. Such as did you call the police and report this, did you speak to you landlord about the problem, and did you exhaust all options before moving.
The other issue is that the peeping tom did not force you to move into an apartment that you could not afford, that was a choice you made on your own. The logic of financially ruining yourself over a peeping tom makes no sense. Relocating makes sense, relocating to an apartment that has a rent higher than your monthly income is illogical and really cannot be blamed on someone else because you elected to live there.
2007-03-28 07:07:51 · answer #2 · answered by Susie D 6 · 1⤊ 0⤋
You can sue someone for an injury to your person (which includes your dignity) and get emotional damages. In South Africa these damages are quite small, but in America juries tend to award quite high damages.
I'm not sure the exact requirements for suing in America vs SA, but I think it's similar: if anyone's wrongful, negligent/intentional conduct caused harm, you can get them to pay for it. There's clearly monetary harm, because you have higher rent. And the conduct is clearly wrongful, since you can press charges. The issues the court would need to decide would be whether the peeping tom CAUSED it; and whether he was negligent/intentional in the DEGREE of harm caused, ie, was the harm FORESEEABLE.
On cause, the court might find that he caused you to move, and have him pay moving costs, but not that he caused the higher rent, since that was your choice. Or it might find that it was necessary for you to move far away because you were scared, and this did mean higher rent.
Or the court could say that he caused all the harm, but then question whether the harm was foreseeable. If he couldn't have foreseen your having much higher rent, then he might not have to pay for it.
It takes time and effort to fight a court battle. I think that you would have a good enough chance of success for it to be worth suing this guy. Juries tend to be more sympathetic to the person suing, as long as you can prove that the guy actually did spy on you. You could get a lawyer who you only pay if you win, but be aware that if you win her fees will be higher than an ordinary lawyer. But since you're struggling financially, I'd suggest doing this rather than risking losing more in a court battle that could go on for a long time.
Do you know the guy at all? Make sure he has some money worth suing for - otherwise it'd be pointless.
2007-03-28 07:24:43 · answer #3 · answered by Marie Antoinette 5 · 0⤊ 0⤋
Press criminal charges first.
The guy is probably broke, and you probably are too (you probably won't get a no fee no win lawyer.
In criminal court (the people vs the peeping tom), the state pays for the lawyers, in civil court (suing people) you pay for your own lawyer.
Once the criminal conviction is accepted or not, you may choose to sue as well. The state may have gathered some evidence you could use by then.
2007-03-28 07:22:10 · answer #4 · answered by dude 5 · 1⤊ 0⤋
why would u let him peep in the first place :P cover up haha..
anywayz on the serious side i wouldn;t waste money on sueing this crap since u moved.. unless u want to be a vigilante and take some evidence and records ur self catching him in process of breaking in ur house to install his camera or something then, police can charge him with a few things to lock him up.. otherwise just WALK AWAY!
2007-03-28 11:38:45 · answer #5 · answered by Vu 3 · 0⤊ 0⤋
I am not sure how you "Unsuccessfully caught him" 3 times, either you caught him or you didn't.
As for a lawsuit, you need to speak with an attorney who specializes in that field.
You sue for money, if the person has little or no money, it would cost more to sue than it is worth.
If you have the person jailed, that person will certainly not be earning much of a living.
2007-03-28 07:09:33 · answer #6 · answered by Darth Vader 6 · 1⤊ 0⤋
Unjust vexation could be charged against the peeping Tom since he has irritated you for his intrusion into your privacy. Prepare the necessary complaint by narrating the acts that he did and file it in court so that he will be meted the appropriate penalty.
2007-03-28 06:18:52 · answer #7 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
Anytime you incur damages because of someones crime you are entitled to sue. Getting him convicted is the first step though. Thats where the charges come in. He probably doesn't really have anything but I would have him charged just on general principle.
2007-03-28 06:39:01 · answer #8 · answered by Enigma 6 · 0⤊ 0⤋
The peeping Tom didn't make you move into an apartment that was more than twice what you were already paying. You did that on your own.
2007-03-28 06:43:37 · answer #9 · answered by Anonymous · 1⤊ 1⤋