![]() ![]() What is CAMT? Why was it created?Įnd Rape on Campus is a nonprofit based in Washington, D.C., seeking to end sexual violence on college campuses through direct support resources, prevention programming and policy reform at local and federal levels. ![]() However, that information is often spread out across multiple databases and systems, prompting one advocacy group to create a new one-stop shop centralizing nearly a thousand college campuses' sexual assault statistics, investigatory procedures and survivor resources.Ĭhange in reporting: IUPD hasn't disclosed locations of most sexual assaults in fall 2021. Under federal law, most universities are required to publish safety data, which includes what sort of crime is occurring on or around campus, as well as specific policies and procedures outlining preventative and disciplinary actions for offenses. In addition to the accused, third-party individuals may also be named as parties in a sexual assault tort claim case.While trying to decide which college to begin your post-secondary education in the fall, a lot of questions spring to mind: What sort of programs are offered, how are the living and dining accommodations - and just how safe is the campus? An intentional tort case claims that the accused took actions with a conscious intention to harm the accuser.Ĭivil sexual assault cases against individuals tend to be intentional torts, because the accused person is assumedly in control of their own sex-related actions. A negligent tort case claims that the accused had a responsibility to take actions that would have prevented the damage from happening. Tort claims are classified as either negligent or intentional. Sexual Assault is Usually an Intentional Tort when Brought in Civil CourtĪ tort claim is a claim that seeks compensation for damage caused by another. If a defendant is found not guilty of the crime, he or she cannot be tried again for the same crime in criminal court. If a defendant is found guilty, outcomes can include incarceration, fines, or probation. The defendant is presumed innocent until proven guilty.Ī sexual assault defendant in a criminal case may be ordered to pay the accuser, but only to compensate for financial costs incurred by the accuser. The prosecution must prove the defendant guilty “beyond a reasonable doubt”. ![]() The primary purpose of a criminal sexual assault case is to determine the guilt or innocence of the defendant of a particular crime. The accuser cannot veto anything the prosecution decides and does not control whether a plea deal is requested or received. Generally he accuser does not have a say in the direction of the case, but only appears as a witness for the prosecution. In a criminal sexual assault case, the State is a party to the case, rather than than the accuser. Civil cases will not result in a criminal record.įree Case Evaluation Criminal Sexual Assault Cases If a civil sexual assault trial results in confirmation of liability of the accused, he or she may have to pay the accuser and/or their family damages, including legal fees, compensation for medical expenses, psychological damage, damage to relationships, lost wages, and so on.Ī sexual assault defendant can be tried in civil court by an accuser even if a criminal court declared the defendant innocent of a crime, and an accused person can be charged criminally regardless of the outcome of a civil case. In a civil case involving sexual assault, instead of suing for “sexual assault,” the accuser sues formally for charges such as Assault, Battery, Intentional Infliction of Emotional Distress, or False Imprisonment. The purpose of a civil case is to determine whether it is more likely than not that the defendant is liable for damages, and the accuser only needs to prove it is 51 percent or more likely that the defendant is the cause of the damage. Although the ultimate outcome is a decision for the judge or jury, and experienced attorney can help ensure your case is handled as fairly as possible.Ī civil sexual assault case is handled by the accuser (usually as represented by their attorney), and this person has the right to decide the direction of the case, including evidence presented and damages asked for. It’s important to remember, everyone involved in any court case has the right to a fair trial. Criminal and civil sexual assault assault cases have their own procedures whose differences may affect not only potential consequences and outcomes of the case, but also how much control the alleged accuser has over the manner in which the case proceeds. If you or someone you know is alleged to have committed sexual assault, one of the first things you should determine is whether the case will be tried in civil or criminal court. ![]()
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