To: the Firm’s Lawyers
August 29, 2012
Subject: Intro to Criminal Law/
Unit 2 /Ind. Project
RE: A client that was a victim of sexual assault and did not report this incident to the police. The author of this memo has conducted some research into this crime and the following memo is in response to the clients questions that pertain crime classification.
Can the victim of a rape sue the offender? If so, what are the potential damages?
Yes, a victim can sue his/or her offender, after the rape has occurred the victim can proceed civilly, even if there were no criminal charges filed. Brody, et al., (2008) it is helpful if criminal charges were filed because convictions for criminal cases make it much easier to predetermine liability in civil cases. In other words, if there is a guilty verdict, then there is no need to litigate liability for a civil case because the civil burden of proof is lower than the criminal burden. Brody, et al., (2008)
The Victim Crime Department is the department that handles these types of crime, once a case has been filed it is then that the Victim Crime Department must find that a crime was in fact committed, and the crime was directly a result of physical injury, or death of the victim.
(2012), NVD this crime must be reported to the police within five days (5) days after the rape occurred, unless there is a reason that the victim can show cause why there was a delay in reporting. The potential damages for rape, vary depending on the state that the rape occurred in the civil damages differ. (2012), NVD On an average the maximum award is around $25,000, up to $4,000. Of that amount can be awarded for funeral expenses. Other expenses that are compensable are hospital bills that insurance coverage won’t cover, dental, ambulance, mental health for victim’s family that’s related to homicide. Or other medically necessary, loss of support...
References: Samaha, (2011), Criminal Law, Ed. 10, ISBN:9781111179076, Publisher Cengage,
Retrieved from AIU Online, Introduction to Criminal Law, CrJs. 205
Brody, Hardoon, Perkins & Kesten, LLP. (2008), Crime Victim Law, article, Civil Lawsuits and Compensation, Retrieved from the internet on September 1, 2012 @http:\www.crimevictimlaw.comarticlesCivil Law and Compensation
Unknown author (2012), National Crime Victim Bar Association, Retrieved from the internet on September 1, 2012 at http:\ www.helpandhealing.orgarticles butlercountyrapecrisisprogram.
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