2007-12-02 15:28:23 · 7 answers · asked by tony c 1 in Politics & Government ➔ Law & Ethics
why its not the systems fault you got raped - its the person that raped you- and if you would had never gone to prison then you would have never have been raped.
2007-12-02 15:32:13 · answer #1 · answered by Anonymous · 1⤊ 6⤋
If you want the actual law on the issue rather than people opining read here. It is a short USSC opinion that won't take long to read.
http://www.law.cornell.edu/supct/html/92-7247.ZS.html
The 1994 Supreme Court case Farmer v. Brennan dealt with prison rape. The prisoner can sue for cruel and unusual punishment, but will only win an eighth amendment violation if the prison staff "knows that inmates face a substantial risk of serious harm and disregards that risk by failing to take reasonable measures to abate it." So every prison rape is not a constitutional violation, if the prison staff was unaware of the risk to the particular victim or tried and failed to prevent it, there is probably no eighth amendment violation.
2007-12-02 18:59:04 · answer #2 · answered by carlos705 3 · 0⤊ 0⤋
No. Because the rape was not a state action -- it was the guy, not the government who raped him. The punishment has to come directly from the government. May be able to file a negligence suit though for failing to provide enough security to prevent the rape.
2007-12-02 15:34:03 · answer #3 · answered by Jamir 4 · 4⤊ 0⤋
No.
They might be able to successfully sue if they can prove that the prison staff where either willfully negligent in failing to safeguard the prisoners, ar had somehow deliberately exposed the victim to danger - but it's very difficult to prove.
Richard
2007-12-02 15:35:27 · answer #4 · answered by rickinnocal 7 · 5⤊ 0⤋
No, because being raped and contracting HIV was not part of the sentence handed down by the judge, it is an independent action by the rapist who is responsible for his own actions.
2007-12-02 15:33:57 · answer #5 · answered by My Evil Twin 7 · 2⤊ 1⤋
No, because the rape was not included in the sentence. The judge/jury does not sentence you to be raped....
It's simply an added incentive NOT to go to prison.
2007-12-02 15:37:29 · answer #6 · answered by Anonymous · 1⤊ 2⤋
Logically i would say no but we live in a world were people sue for everything and i wouldn't be surprised if he sued and won.....Our country is getting worse everyday....
2007-12-02 15:36:52 · answer #7 · answered by CATEYEZ 247 3 · 0⤊ 5⤋