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lawyer

Suing Someone for Sexual Assault

There are no two victims of sexual assault with the same experience, just as there is no “typical victim” in these crimes. Anyone can be targeted for rape or sexual assault. Victims include men, women and children of all ages. Survivors of these crimes suffer long-term physical, mental and emotional trauma that affects their lives and those of their families.

To a rape victim, recovery may seem impossible at first. It takes work for these victims to return to some normalcy in daily life and they need support from various areas in order to do so. For many, empowerment is gained in the Arizona criminal courts through the state’s tough stance on these types of crimes. For others, Arizona’s civil courts provide a means of empowerment by allowing the victim to initiate their own legal case against their criminal perpetrator.

Civil Accountability for Sexual Assault or Rape

It may seem impossible to fully financially compensate for the emotional, mental and physical pain of sexual assault or rape. But it is possible to gain a sense of vindication and closure for trauma through Arizona civil courts. At the same time, you can be financially compensated for the injuries you suffered and other damages, to help you regain footing in your life. Attorneys with experience in representation of sexual assault victims are able to help these victims hold criminals accountable for their actions.

There are statutes of limitations that apply to civil cases after sexual assault, rape or other crimes. This is why contacting an attorney becomes urgent after a sexual assault has occurred. You are limited in how much time you have to file a claim against your offender.

When you decide to talk to the personal injury lawyers of Cantor Crane, you will receive a free, no-obligation consultation regarding your case. This private, confidential consultation will allow you to talk with us about your needs, just as we are able to inform you of steps we can take to provide the closure and compensation that you deserve.

Who can be held accountable in civil court, for a sexual assault or rape?

Beyond the obvious offender, you may be able to hold other parties accountable for your sexual assault, as well. Some examples of others who may also be responsible include property owners who may have inadvertently provided a place for your crime to occur. By not ensuring adequate lighting or security on their property, they are not meeting their obligation of reasonable care on their premises.

When you speak with the sex assault lawyers of Cantor Crane, you will be able to gain some understanding of how a claim for monetary compensation can be pursued. But due to statutes of limitations, it is critical that you request a consultation as soon as possible.

Why file a civil case for sexual assault or rape?

Victims of sexual assault suffer injuries that are even difficult to overcome after a long period of time. By pursuing a civil case, these victims can gain power and a voice that the criminal case does not provide. It also allows victims to gain some compensation for the alterations made to the course of their lives due to these heinous crimes.

One issue experienced by most sexual assault victims is post-traumatic stress disorder (PTSD). PTSD is a major problem and brings depression, anxiety, and even the possibility of suicide under an umbrella of many disorder symptoms. The suffering that PTSD causes makes it even more important for victims to reach out to a sex crimes attorney as soon as possible. By developing and filing a civil case, the victim can start using resulting empowerment and strength to overcome the aftereffects of their sexual assault.

Sexual assault victims are:

  • 26 times more likely to abuse drugs
  • 13 times more likely to abuse alcohol
  • Six times more likely to suffer PTSD
  • Four times more likely to commit suicide
  • Three times more likely to have depression

Civil cases provide compensation for all of the things that a victim of sexual assault experiences as losses and injuries. While a civil case cannot erase all of the damage of rape or sexual assault, it can provide financial means to recover, in addition to the much-needed closure gained from having a voice against the offender in court.

Compensation for the following losses and injuries can be gained through a well-formed civil claim:

  • Physical injuries
  • Post-traumatic stress disorder and associated symptoms, including crippling triggers
  • Insomnia, nightmares and other sleep disorders
  • Fear and anxiety in public places or social settings
  • Attention deficit disorder or inability to concentrate on school or work
  • Lost motivation in work and personal life
  • Termination from employment or school expulsion
  • Substance abuse or addiction
  • Withdrawing from previously enjoyed activities
  • Significant expenses – medical, psychological, relocation
  • Intimacy difficulties, sexual and emotional
  • Problems in relationships or becoming close to others
  • Sexually transmitted viruses or other diseases

Use Civil Laws to Rebuild Your Life after Sexual Assault or Rape

Experienced representation by an attorney willing to fight for your rights is an important part of your healing from sexual assault or rape. Although you have suffered damages that may never heal, you can use civil courts as they were intended, to be heard and stand up against your offender. Through a civil claim, you can gain compensation through a settlement designed to help you recover and start fresh.

Dangerous Dogs

“Detroit Man Suffers Catastrophic Injuries from dogs in Pit Bull Pack Attack.” shrieked the Detroit Free Press headline.

For those of us who love dogs (and, I suppose, for those who fear them), the headline was typical of the sort of overblown rhetoric the mainstream press uses to attract new readers and keep old ones coming back. After all, nothing except sex sells as well as blood and butchery in today’s media-saturated world.   

Granted, it was a horrific attack. More than a dozen pit bulls, eight of which were adult, attacked Steve Constantine, 50, after he had offered to help feed them. The owner, Derrick Felton, 61, accepted Constantine’s help but reportedly ran away after the attack started. Both Felton and his mother, the owner of the home, are named in Constantine’s lawsuit.

Nature vs. Nurture

The dogs, some of whom were puppies, were not pets. They were raised like factory-farmed animals, struck and/or deprived of food for barking and growling, and given little or no friendly contact with any human other than Felton, who could hardly be described as friendly.

Sadly, meanness is not the pit bull’s natural behavior. Nor is it the nature of any of the “bully breeds”, whether pit, Cane Corso, Presa Canario, American Staffordshire terrier, the American pit bull terrier, the boxer, the bulldog, or the Boston terrier. In fact, in England, during the Victorian Era (1837–1901), pit bulls were kept as family pets because they were considered “nanny dogs” (i.e., good babysitters). Illustrations of family life from that period often show the pit bull laying on the floor next to its charge, a chubby baby in a long, white gown.

Pit bulls, known as “pitties” to their human fans, naturally show an inordinate degree of protectiveness when raised in human families, by people who love them. Pit bulls are charming, boisterous, a little goofy, often highly intelligent, and – if raised properly – very friendly. This means they do not make the best guard dogs, except as “inside” dogs protecting their home and family.

Raising them like feral children leads to all kinds of misbehavior. In Constantine’s case, it meant losing an arm and a leg. Training them to fight other dogs, as Felton was apparently doing, turns naturally affectionate pitties into monsters.

Dogs as Family

The pit bull’s strong protective instinct goes back a long way, into the dawn of man’s relationship with canines.

“That instinct, in fact, is the origin of the family unit,” according to animal behaviorists, who point out that canines have been guarding their human families for at least 15,000 years. (The only question that remains is, who domesticated whom?)

Dogs as Protection

Dogs, and specifically pit bulls, are even becoming the favorite among those concerned with rising crime.

Whether inner city or rural isolation, nothing is quite as effective as a barking dog inside the premises to discourage every type of mayhem, from the average burglar to the crazed drug addict.

Pit bulls are also the most sensible solution. A gun can fall into the wrong hands, and kill the wrong person(s). A knife is almost ineffectual against a determined assailant, but a pittie will not be confused by who is the aggressor, where to sink those impressive teeth, or even whether one’s human family is worth dying for.

As for a pit bull’s ability to protect, look no further than the wide jaw and well developed temporalis muscles that create the pit bull’s characteristic cheek bulge and seriously impressive bite force, enabling it to bite firmly and hang on virtually forever.  

Dogs as Companions

Pit bulls are very good companions. In fact, in tests run by the American Temperament Test Society, Inc., or ATTS, pitties scored above some dog breeds traditionally seen as “friendly”

The ATTS test, which rates various characteristics like aggression, friendliness, protectiveness (towards owners or handlers), shyness, stability, and the extent to which a dog will go to protect itself, is the benchmark standard for canine domesticity. Higher scores indicate lower sociability. To date, 728 out of 839 American Pit bull Terriers scored below the average. Well below Chihuahuas, for example, and terriers.

By comparison, the tiny, fluffy Bichon Frise scored 76.7 percent – scores that don’t surprise pit bull owners, who are constant witness to the affectionate, sometimes silly, but always conscientious guard-dog attitude of their pitties.

Most bites Are the Result of Misunderstandings

Another factor – and one that can only be corrected by professional training – is the pit bull’s protective instinct. The fact is, the majority of dog bites occur among children aged 1 to 10 years old.

The cause is simple. Usually, the pit bull guardian misinterpreted  a hug from your child’s friend as aggressive behavior. This can happen with any breed, but the pit bull’s bite force can turn a mishap into a tragedy.

Moreover, if your pittie bites, you may have a more difficult time defending it, and yourself, simply because of the pit bull’s undeserved reputation. In fact, in some cities and municipalities, your pitty may actually be illegal. If so, and even if you didn’t know it, you will need the services of a good law firm.

You can eliminate some of this danger, notes the legal website CK Law, by training both your dog and your child, and by supervising those times when your child, his or her friends, and your dog are in the same room. Because accidents happen no matter how careful you are.

pool safety

How to Keep Your Home Pool Safe This Summer

Summer is in full swing, and if you’ve got a pool at home, it’s probably already getting a large amount of use! Do you have a bunch of family and neighbors over constantly? Your back gate may almost be like a swinging door as people are going in and out at all times of the day. While having your own home pool is awesome for you and everyone you know, it’s also a huge responsibility. The last thing you want is for a friend or family member to get hurt while playing in your pool. Make sure you’re following these tips for keeping your home pool safe all summer long

 

Secure Your Pool

Make sure your pool is completely surrounded by a fence at least 4-feet high. You also want the gate to be self-closing and self-latching. This can help prevent smaller children from making their way into the pool area if that’s not where they’re supposed to be. You might even consider getting a cover for your pool when it’s not in use to help prevent anyone from falling in.

 

Always Keep an Active Watch on Children

It’s so important to stay incredibly alert while kids are in the pool. Even if they do know how to swim, anything could happen. Make sure you know where they are at all times. Adult supervision is one of the most important factors in ensuring the safety of younger kids. You should stay within an arm’s reach of small children. Keep in mind that anything can happen in the blink of an eye.

 

Make Sure Everyone Knows How to Swim

You might enroll your kids in swim lessons. If the neighbor’s kids don’t know how to swim – handle it in a way you feel comfortable with. Perhaps you ask their parents to be in the pool with them at all times, or you may simply not allow them in your pool at all. Remember that if anyone gets hurt on your property, you could be held responsible.

 

Keep Rescue Equipment Next to the Pool

Safety rings and long poles are crucial to have by your pool in the event of an emergency.

 

Teach Kids How to Dial 9-1-1

If your kids don’t already know the importance of 9-1-1 in an emergency situation, now is probably the time to teach them. If a worst-case scenario was to take place and you were dealing with the situation in a hands-on way, you would want to be able to tell them to dial 9-1-1 and make sure they knew how to handle the conversation with the operator.

 

Get CPR Certified

Getting CPR certified is so important. If someone went underwater and drowned or passed out, being able to provide CPR before an ambulance arrived could literally save a life. These situations can be incredibly time-sensitive and require immediate attention.

 

personal injury lawyer

Choosing the Best Personal Injury Lawyer for You: 5 Things to Consider

If you’ve had a personal injury that you believe was the fault of someone else, it can be a good idea to hire a personal injury lawyer. The key is to choose the right attorney for you and your claim. How do you know you’re making the right choice though? What should you look for when hiring a personal injury lawyer? Here are 5 things to consider when choosing the best lawyer for you.

  1. How Much Experience Do They Have?

An attorney’s level of experience is of the utmost importance. Each states has very specific laws and regulations that could be relevant to your case. It’s crucial that your personal injury lawyers knows all there is to know when it comes to dealing with your claim. Be sure to inquire about other similar cases the lawyers you’re considering have handled. You’ll want to know success rates as well.

  1. What is Their Focus?

Many successful lawyers will have a somewhat specific concentration when it comes to the types of cases they handle. Ask yourself what kind of personal injury lawyer it is that you really need. Personal injury lawyers have unique skills for determining liability issues like negligence and causation. They’ll also have more experience when it comes to ascertaining the compensation that you’re entitled.

  1. Know Their Reputation

A lawyer with a good reputation is certainly a plus when you know they’ll be communicating with insurance companies and with other lawyers in the court systems where they practice. A strong reputation means added value for whomever he or she represents.

  1. Consider the Cost

Make sure you’ve read the fine lines of the contract before signing anything. Often times, with personal injury claims, lawyers will be paid a certain percentage of the settlement or court award. If you’re not awarded anything your lawyer may not be paid a fee; you may, however, have other costs that pertain to your case. Make sure you’re aware of everything you could have to pay so you’re not hit with any surprises when things come to a close.

  1. Are They Compassionate?

All lawyers are ready to win – even personal injury lawyers. It’s important, though, to find one who has compassion for their clients. Humanity plays a huge role when it comes to personal injuries, so it’s important that the lawyer you choose understands on a deeper level where you’re coming from and has genuine compassion for your situation. Communication is a key factor when it comes to maintaining a good relationship and therefore a strong case – to choose a lawyer with a personality you mesh well with can go a long way. It’s important that they sincerely care about your case and want you to get the compensation you deserve.

 

safe cab ride

How To Secure Your Safety When Riding A Cab

It’s summertime! A time to plan for vacations and travel. It’s a time to enjoy things we were too busy to take part in during the year when we were working away at our demanding schedules. Making arrangements for summer vacation can take time and requires a lot of detail. For some arranging for transportation can make traveling from place to place easier and more efficient. For those who may not want to drive during vacation, making use of public transportation may be the most efficient option.

 

Popular Apps like Uber and Lyft have become the go-to source for many who want to avoid driving in traffic and instead utilize a fast and convenient way of transportation. The Uber app in particular offers a faster and often less expensive way of traveling that can schedule your transportation. Your driver arrives in a matter of minutes. It’s easy and convenient! Yet one must use caution when using popular companies like Uber or Lyft. There have been reports of assaults for those who have used Uber as transportation instead of a cab service.

 

It is important to exercise caution when using any form of public transportation.

Relinquishing control to your designated driver, while not knowing the history or background of the person can be intimidating for some. It is important to research and make phone calls to learn about your options. Do the research before you settle on any company. Look for reviews and plan accordingly.

 

The following are practical tips when riding in a taxi cab

 

Avoid taking a cab alone.

Women especially should use caution when riding a cab in an unfamiliar setting. It is best to bring someone in the cab with you if possible, especially if you’ve been drinking.

 

Make arrangements beforehand

If at all possible call a taxi cab company that you know and trust. Hailing a cab in the street can be dangerous since you don’t know who the driver is. If you make arrangements beforehand by calling the company and having their contact information at hand, you will be better prepared and have peace of mind. You may even want to ask the name of your driver if possible.

 

Check body language

 You don’t have to be a private detective or investigator to discern that someone is dangerous. If you are speaking to your driver and they respond inappropriately, you may want to avoid going into the cab with them. If you notice they are intoxicated or act unprofessionally, you reserve the right to not ride with them. Remember that they are a stranger and you are putting your life in their hands.

 

Communicate thoroughly before entering the vehicle

It may prove difficult to have a moment to communicate with your cab driver if you’re in the middle of a busy street. If the driver is parked, make sure to speak to them thoroughly and check that they are professional and know where they are going. Are they helping you accommodate your bags? Good customer service is a must. If your driver is rude or unprofessional, or doesn’t offer you assistance with your bags, you may want to wait for a different cab.

 

Safety is everything in life. Never feel bad about protecting it. It never hurts to seek legal advice to secure the best traveling options for you and your loved ones. Be educated and prepared, and make the most of your summer travels!

 

handling sexual harassment

What Actions Can You Take Following a Sexual Harassment Encounter?

It goes without saying, that you must seek legal and clinical help if you are a victim of sexual abuse. The first step is to ask the harasser to stop the abuse. Moreover, it is important to make it perfectly clear to your harasser that his/her conduct is unwanted and unwelcome.

To begin with, you will need to report the harassment to the human resource department and your supervisor and if this does not work out well, the thoughts of a Fort Lauderdale, FL sexual harassment lawyer should be entering your mind right about now.

You could always seek legal counsel at any time even before you file a complaint with the appropriate authority as just mentioned. If your employer fails to take action against the alleged harasser you have the right to approach the Equal Employment Opportunity Commission (EEOC) and the Department of Fair Employment and Housing (DFEH). You can find more information about employment and sexual harassment right here.

Following an investigation, the EEOC will attempt to make your employer reach a settlement, failing which you will be given permission to file a lawsuit against the harasser and your employer. Simultaneously, it is important to document every episode of harassment and undergo psychological counseling if needed.

You must proceed after knowing your legal rights

You must know your legal rights before filing a case. The best way to do this is to consult a Florida sexual harassment attorney to understand what exactly constitutes harassment and the laws that govern harassment cases. This will help you muster confidence before the start of your legal battle.

Is it mandatory to report the harassment to the employer?

Even though it is not mandatory to report the harassment, the employer must be kept formally in the loop. There are two reasons for this. First, if a victim decides not to report the incident, the employer might claim that since the incident was not reported, the employer did not know that such an incident actually did occur.

Therefore, the employer will not liable to pay damages for an incident that was clearly avoidable as timely intimation would have led the management to stop the abuse. The legal term used in such situations is ‘affirmative defense’. This could give your Fort Lauderdale sexual harassment lawyer some problems.

Secondly reporting such incidents prove another very crucial thing. It proves that the victim, you, was eager to stop this unwelcome and unwanted behavior and this will score some big points in the eyes of the jury, mediator, your actual employer.

If you do not report it, your employer could believe that you thought this issue was minor and just someone playing around. You would have reported it if it was that big of deal and if you were clearly upset about it. The fact that you did not speaks for itself.

Coping with the mental stress after an episode and psychiatrist help

Every individual reacts differently to any form of sexual harassment or discrimination. Some suffer mental agony resulting in hysteria and depression while others may be able to hide any inner turmoil. Nevertheless, mental stress is common to most cases. There are others who repeatedly try to recollect the events of a day leading up to the incident and try to figure out if they gave their assailant any reason to behave in the manner they did through their demeanor.

Depression, fatigue, headaches, intimacy issues, and anger are common psychological outcomes and for this you must consult a psychiatrist who can be later called up to testify on your condition after the incident. No matter how serious the harassment is, don’t hesitate to consult a Florida sexual harassment lawyer as soon as possible.

You may like your job. You may feel calling up a lawyer is the beginning to the end. If you do not get some legal help your job performance and morale could suffer which may affect your job status anyhow. In addition, the sexual harassment may not stop and it could become worse. Your employer needs to be dealt with you and your lawyer will know what to do. This is where you need to go: http://sexual-harassment-lawyers.usattorneys.com/florida/.

 

sexual harassment

What Everyone Must Know About Sexual Harassment

For the most part, sexual harassment is of two types viz: quid pro quo sexual harassment and hostile work environment sexual harassment. It is always smart for everyone to be aware of the basics of sexual harassment to reduce the risk of falling prey to a harasser and to know what to do when such a situation arises. This could help you avoid ever needing a sexual harassment lawyer.

 

Quid Pro Quo Sexual Harassment

Quid Pro Quo is a Latin term meaning “this for that”, and happens whenever an employee wielding supervisory powers makes sexual advances towards any subordinate. If the subordinate submits to it, he/she receives an employment benefit such as promotion while a rejection can mean an employment detriment, such as a demotion. Employers are held firmly liable for any quid pro quo sexual harassment, initiated by supervisors. This means that employers are legally liable for damages, whether they are at “fault” or not.

They are the ones who hired and are employing such a person.

This type of harassment can be a blatant as well as direct sexual solicitation, or more like an indirect dating invitation or sexual propositions. Just a single sexual advance is deemed harassment if it is combined with the denial or granting of employment benefits. You should get a sexual harassment attorney involved right at this juncture.

Certainly this is not the first time something like this happened and even if it is only once it should not be swept under the rug.

Hostile Work Environment Sexual Harassment

Hostile work environment sexual harassment happens when any undesired sexual conduct interferes unreasonably with a person’s job performance or leads to an intimidating, offensive, or hostile work environment. Such behavior can be physical, nonverbal, or verbal. In this type of harassment, it isn’t necessary for the sexual harassment to result in employment outcomes, like reduction of pay or promotion. Employers, supervisors, customers, clients or coworkers, can invoke a hostile work environment.

There are two crucial conditions that determine responsibility for employers in cases of this type of sexual harassment and you should hire a sexual harassment lawyer regardless of which type of sexual harassment you deal with. You can find this necessary and strategic legal help on this site: http://sexual-harassment-lawyers.usattorneys.com/.

To begin with, the employer was aware or ought to have known about the sexual harassment, and secondly the employer failed in taking a suitable corrective action. An employer is expected to be aware of the hostile environment in the instances given below:

  • A complaint on the harassment was made to management
  • Management has failed to establish a proper sexual harassment policy
  • Harassment is practiced openly or familiar among the employees.

Constructive Discharge

Constructive discharge happens whenever the employer intentionally creates working conditions so dreadful that any reasonable individual is sure to find them unbearable. Constructive discharge happens only when the victim leaves the job due to the harassment, giving the employer notice concerning harassment as well as a chance to remedy the situation.

Any kind of retaliation is forbidden against an employee who resisted the sexual harassment, made a complaint of harassment, or took part in any investigation. Protected employee behavior can be in the form of resisting advances, making a complaint of the sexual harassment, supporting the claim of another employee, as well as informing the police.

Instances of employer retaliation can be under the transfer, dismissal, negative evaluation, or demotion avenues. In order to make a claim of retaliation, the employee should prove that there is a direct connection between the conduct and the response in retaliation.

This Sexual Harasser is Wrong

If you are a victim of any type of harassment or discrimination don’t hesitate to seek immediate assistance from a sexual harassment lawyer. It is time for you to retaliate. You did not “have this coming to you”. You did not deserve this sort of treatment. You did not invite this upon yourself. Secure that legal help and make this right!

 

business environment

How can Hostile Work Environment Harassment Lawyers Help

According to the United States Equal Opportunity Employment Commission (EEOC) sexual harassment is unwelcome sexual advances and requests for sexual favors. The EEOC also states that in case the sexual harassment at the workplace is both frequent and severe, it creates an offensive or hostile work environment, resulting in an unfavorable employment decision. If you are the victim of sexual harassment at the workplace, it would be prudent to seek legal counsel as soon as possible.

Why wait to see of your employer does anything about it? Get this off your chest and start presenting some evidence to law firm that knows this domain. They can help you and let you know how you can be building your case while still at work and doing your job. Where do you find an employment law firm of this type of caliber in the Sarasota area? The Malatesta Law Office should be the firm you turn too. Here is their site: www.malatestalawoffice.com.

When is legal action necessary?

In order to have a prima facie case against a hostile work environment, the factors detailed below should be proven first:

  • There should be behavior or actions that discriminate against certain protected classifications such as race, religion, age, or disability. Your Sarasota, FL sexual harassment lawyer will work with you on this after you convey to them your side of the story.
  • The communication or behavior must be persistent and not limited to a few off-color remarks that annoyed a co-worker.
  • The hostile actions, behavior, and communication need to be severe. For the most part, it should continue not only over time but must disrupt an employee’s work severely, as well.

Company harassment policies

A court tends to hold a company responsible for hostile work environment harassment, in case they fail to endorse a harassment policy, endorse an ineffective policy, or fail to implement its policy. In reality, harassment policies should be a significant part of any company’s non-discrimination policy, as any Florida sexual harassment attorney would explain to you.

On the contrary, in case a company has an effective non-discrimination policy evidently prohibiting harassment, and harassment happens although not obvious, and you fail to follow the procedure for an internal complaint, you may find it hard to prove that the company was aware of that harassment.

Sarasota, FL sexual harassment lawyers indicate that courts usually hold employers responsible for a hostile work environment harassment in the following cases:

  • Was aware of the harassment: When an individual in authority has in fact watched the harassment; the injured party files a proper complaint; or the harassment is openly and widely practiced.
  • Actually learned of the harassment: Whenever sexual harassment remains blatant; employees filed complaints which were completely ignored; supervisors and/or managers observe behavior, indicating that they should conduct further inquiries.
  • Failed to initiate appropriate and immediate steps to prevent it: Apart from being well aware of the harassment, the company or government entity failed to take action, making them liable. Whenever the company learns of the harassment in question, they must respond immediately, and take immediate and effective action. The entity must have an effective remedy that can stop the sexual harassment from taking place and also should check it from being repeated.

Consult a sexual harassment lawyer 

If you find yourself being subjected to constant environmental harassment of a sexual nature at or in the workplace, in spite of the several oral and written complaints made to the higher-ups of the company, it is time to hire a Florida sexual harassment lawyer without any more delay. Your legal representative will evaluate your case and assist in the explaining the law to you as well as argue for your rights in and out of court if necessary.

The Malatesta Law Office is one of the best in the business and leads the pack entirely in the Sarasota area. They have won many cases in the past and they know how to make organizations pay for not dealing with this situation properly in the first place.

 

lawyer

Can the Victim of a Sexual Assault File a Civil Lawsuit?

If you are the victim of a sexual assault you have the right to file a lawsuit in a civil court against the perpetrator. For the most part, a civil suit is not meant to initiate a criminal prosecution, but is usually the sole way to obtain monetary compensation for the harm that the victim has suffered.

If this terrible action happened to you on the job or in the course of performing a professional duty, there is some pivotal information for you right here.

Types of claims and damages

The type and amount of compensation available in a civil lawsuit for sexual assault depends on the definite facts of the case, as well as the legal doctrine under which the lawsuit is based. As there is no action termed “sexual assault,” in legal terminology, you need to choose another legal description to hold the defendant liable, named “cause of action” in this context. This can also mean intentional infliction of emotional distress, or assault & battery and Sacramento, California sexual harassment lawyers are familiar with every category mentioned here.

Irrespective of any legal theory involved in the civil case process, damages for sexual assault or abuse case emerge from the emotional and physical harm a victim has suffered and will most likely continue to suffer as a result of the abuse. This type of crime can haunt a female for decades. It affects her personal life and could make her distrust males in a way that is not rational and affects her life on many levels, professionally and personally.

Tarnishing their reputation

This is why this website is so vital, http://sexual-harassment-lawyers.usattorneys.com/california/, because it can offer a victim legal salvation. This culprit may not be headed to jail but their financial situation can take a serious hit. In fact, it may take them years to recover and could harm their personal and professional life as well if others find out about this.

Since these crimes are egregious in nature, a judge can award damages on a large scale. Thus, the perpetrator of the assault can be made liable in order to pay a large sum of money. However, there is a problem in some cases. If the perpetrator is not very wealthy, it might be hard, if not impossible, to collect. Liability insurance policies in general leave out coverage of intentional acts, so that any compensation should come from the defendant’s personal assets as any California sexual harassment attorney will tell you.

Proving your case in civil court

If you can prove that the defendant is responsible for the harassment it can initiate a criminal prosecution but if it is a civil lawsuit, you stand a better chance of succeeding. This is because a complex law termed “collateral estoppel” may give you the right to present evidence that the defendant was already found guilty of committing sexual abuse by a court in a criminal case.

Even without a criminal case, the victim should be able to establish that the defendant is legally responsible for having committed the alleged sexual abuse with the strong assistance of a Sacramento, CA sexual harassment lawyer.

This is due to the fact that the standard of evidence remains lower in any civil case, as compared to that of a criminal court. Under the circumstances, to establish a defendant civilly responsible for sexual abuse, the victim needs to do only one thing: to show that, “it is more likely than not” that the perpetrator committed the wrongful act alleged, “by preponderance of the evidence”.

However, in a criminal case, the onus of proof requires that the prosecution prove the guilt “beyond a reasonable doubt”, which is a standard that is much harder to meet. If you find this confusing you can always turn to a California sexual harassment lawyer who knows this arena if you or someone you care about has been a victim of a sexual assault. Your lawyer will be able to evaluate your case and examine the evidence available to help you with your lawsuit.

 

Vacation

Summer Vacation Rentals

Each summer, more and more Americans are opting out of spending their money at a hotel and taking advantage of one of the many rental homes available across the country. Not only can a vacation rental be less costly, but it offers a little more space to spread out and some of the amenities “just like home”. A vacation rental can also make you feel like you’re part of the community and you may end up getting more from your vacation than if you stayed in a hotel.

 

Before you’re quick to commit to the first rental you find, you must be smart about you choice. The wrong rental can make or break your summer vacation. Whether you’re a first time vacation home renter or rent one every summer, here are some tips for making the most of your vacation rental this year:

Plan Your Vacation Ahead

 

Like most vacations, you’re like to have a better experience if you plan ahead. Whether you’re interested in renting a home from Airbnb or want to stay at a house with a beachfront view, it’s a good idea to start looking at rentals at least six months before your vacation starts. Although some vacations end up being spontaneous, your rental options may be sparse and it may cost more, particularly during peak vacation season. If you’re unsure where to find a vacation rental, a quick internet search may overwhelm you with options, but a real estate agent, local advertisements, and sites like Craigslist are good places to start.

Do Research on Your Vacation Destination

 

When searching for a vacation rental there are thousands of pictures to browse through and as much as we’d like to trust that the picture tells the truth, many images can be deceptive. Even if the pictures present a vacationer’s paradise, don’t commit to the rental without reading reviews and getting all the information you need. While some vacation rentals may not have any reviews posted, contact the homeowner with any questions you may have. If you aren’t happy with the answers or if it seems like certain questions are being dodged, pass on the rental.

Understand the Vacation Rental Contract

 

Whenever possible, you should consider a vacation rental that has a contract that is clear and easy to understand. Rentals without a contract can be extremely problematic, particularly if the rental owner wants to hold you responsible for something after your stay. An appropriate contract should include your payment schedule, your responsibilities in regards to damages or if extra cleaning is needed, and any extras such as utility bills, cleaning, or internet use. The contract you sign should also clearly state what you can and cannot use in the home. Consider having an attorney, who specializes in real estate, review the contract and do not sign it until you completely understand or agree with the document.

 

In addition to having a contract, your vacation rental should include a contact number for any questions or emergencies, clear instructions on how to use appliances and other features around the home.