[Marxism] Sexual Assault

Jim Farmelant farmelantj at juno.com
Sat Oct 3 16:46:14 MDT 2009


On Sat, 3 Oct 2009 22:30:37 +0000 Tom Cod <tcod at hotmail.com> writes:
> 
> For what its worth, a felony criminal conviction by itself "proves 
> up" a civil case based on the same conduct.

But I think Fred's point is that very often
rape victims have a better chance prevailing
against their attackers in civil suits than
they would in the criminal courts, where
very often it is the victim who gets put
on trial.  Also, the standards of proof
required to prevail in a civil suit differ
from those that hold in the criminal
courts.  To get a criminal conviction,
the prosecution is supposed to prove
guilt beyond a reasonable doubt,
whereas in a civil suit, the standard
of proof is by a preponderance of
the evidence.

To take a couple of examples
involving homicides rather than
rape- O.J. Simpson was not
convicted of murder, but he
was successfully sued for
"wrongful death" by the
Goldmans.  In my own state,
Massachusetts, we had a
doctor who was widely
suspected of having murdered
his girlfriend, a fellow physician.
He not only was never convicted
of murder, he was never even
charged.  But eventually, the
family of his murdered girlfriend,
successfully sued him for
"wrongful death."  He got
into criminal troouble because
during his civil trial he attempted
pay an acquaintance of his to
provide perjured evidence on
his behalf.  For that he was
criminally convicted of perjury
and is doing time for that.

Jim F.

> > From: ffeldman at bellatlantic.net
> > Date: Sat, 3 Oct 2009 05:57:33 -0400
> > Subject: [Marxism] Sexual Assault
> > To: tcod at hotmail.com
> > 
> 
> > If the lawyer thinks you have a good case bring a civil suit 
> against the
> > asshole.   In a civil suit there is a much higher chance the 
> attacker will
> > be exposed as a sexual predator and  lose his bank account and all 
> the rest
> > of his stuff, instead of smirking as the criminal court judge 
> says, "case
> > dismissed." 
> > 
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