Once you are accused and brought to trail than baring extreme evidence you are forever guilty. Look at what mattress girl did and what happened to that guy.
Poll: Civil Court Statute of Limitations - Alleged Rape/Sexual Assault/Abuse
- Thread starter WyattEarp
- Start date
Well some down there think the state should not get involved in family affairs... get it because incest.
As they would say down south.
Of course I respect you grandma, you done birth my ma and my pa.
Meaning they can be "opportunistically" accused. ie better bang for the buck so to speak...overlay a bit of bias...sprinkle a bit of public opinion, and all the ingredients are there for a lucrative windfall.
Of course not always...but just sayin'.
So let’s say you get assaulted. Some random guy is doing that punching prank thing where they go around and just punch a random stranger. 2 years later you find out he has money and you have the left over results of a shattered orbital bone. Are you telling me you won’t take him to civil court for that money?
He didn’t have it when he assaulted you and you were entitled to sue but later he made it. I doubt you would not go after him. I doubt anyone wouldn’t go after him. That type of assault and damage is worth at least 80-100K without even adding loss of wages or anything. That is just general damages. No one is saying no to 80K
If someone assaulted you, why not go after them right away regardless? There can be things done to garnish their income so that over time, should they come into money, they would need to pay. I'm not sure why someone would not pursue going after someone just because they think they don't have the money if it was something that has physically affected you?
Because why are you going to pay 10K for a lawyer to get a judgement that you can’t enforce or collect on???? That makes no sense. And the lawyer would be about that much at least. You have to get judgment and even if it is a default judgment, mean no trail, you have to do a damages hearing. Which is a day in court. Then you have also sue for medical expenses on behalf of OHIP and collect that. There is a lot involved. I don’t see why anyone would try that without know you are going to get money.
But you find out a few years later, they got their shit together or got an inheritance or lottery win, whatever the case they have money now - that is when you go after them.
Evidence used in court has to be disclosed to both parties. There is no “surprise” allowed in court. That is what makes it fair. TV on the other hand - there is always some surprise witness at the end. This is not TV. In real life - both sides have to adhere to the same rules.
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My answer suggestion was 10 years but it was soft and wavered 10-15 years. My concern was the ability to get a fair conviction based on people's memories. I think over a course of time people's memories can lapse, or be influenced by events, social pressure, etc..
I wouldn't like anyone to escape justice so my preference would be we put time limits on the evidence that can be presented at trial instead of an all encompassing pass on the trial itself.
After 10/15 years witness accounts are not allowed to be presented by either the prosecution or defense.
Time insensitive evidence such as DNA, crime scene physical evidence and collected surveillance /photography has no time limit.
I wouldn't like anyone to escape justice so my preference would be we put time limits on the evidence that can be presented at trial instead of an all encompassing pass on the trial itself.
After 10/15 years witness accounts are not allowed to be presented by either the prosecution or defense.
Time insensitive evidence such as DNA, crime scene physical evidence and collected surveillance /photography has no time limit.
Someone said
I have no problems being open about this. Though it took me a few years.
My youngest was assaulted at the ripe age of 12. After her first suicide attempt she was diagnosed with PTSD, BPD, acute anxiety and depression. Between 16-19 there were two more attempts. Plus some other self harming.
At 26 today, she is much much better. Can hold down a job, and is living abroad. She needed a fresh start. She doesn’t have complete meltdowns anymore, but thanks to lots of therapy, counselling, learning coping mechanisms.Parents that could afford the tens of thousands, and the loving support network ( not all have)….she gets through the odd bad day when she is triggered.
What did her perpetrator get?
well we live in Canada where we give them slaps on the wrist…
Topic. I’ll keep my answer to myself. But will say it cuts both ways, always does. A false accusation can ruin a man’s life too.
Change the word in red to man, nor do they need to be unhinged, just horny. You might begin to appreciate why they don’t jog in the wee hours, don’t park at the far end of parking lots at night, etc etc etc.
I have no problems being open about this. Though it took me a few years.
My youngest was assaulted at the ripe age of 12. After her first suicide attempt she was diagnosed with PTSD, BPD, acute anxiety and depression. Between 16-19 there were two more attempts. Plus some other self harming.
At 26 today, she is much much better. Can hold down a job, and is living abroad. She needed a fresh start. She doesn’t have complete meltdowns anymore, but thanks to lots of therapy, counselling, learning coping mechanisms.Parents that could afford the tens of thousands, and the loving support network ( not all have)….she gets through the odd bad day when she is triggered.
What did her perpetrator get?
well we live in Canada where we give them slaps on the wrist…
Topic. I’ll keep my answer to myself. But will say it cuts both ways, always does. A false accusation can ruin a man’s life too.
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I’m so sorry for what your daughter went though. And to think some would prefer she not be able to have him brought to justice at a time when she can emotionally handle the court process, simply because it has been past 2 years.
However - like most things, people don’t think about the victims until they actually know one.
correct.
I was under the impression that evidence from the defense in a criminal matter isnt disclosed to the prosecution until the actual proceedings of the trial.
after further googling its not the disclosure of evidence, but its a issue with privacy. the issue of privacy and "the danger of prejudice of the administrative of justice". apparently privacy also includes communications of text, emails, video and sound. they must make application ahead of time. plaintiffs privacy. which may limit an accusers defense or deny information to their defense , which is unfair.
fair is completely subjective. the legal system is unfair. thats a whole other story....
