The paper takes into consideration the review of a decision that has been taken from the Idaho court of Appeals. The focus is on the idea that the state provided with insufficient evidence in order to support the profound conviction and therefore reverse the judgment of conviction. The case is that of sexual harassment, basically that of the penetration of a foreign object into the victims vagina. The culprit is named as Elias who has been found guilty and then sentenced to 10 years improvement, which is fixed. Elias has been found guilty of inserting a foreign object into the vagina of the victim. This insertion caused her to get out of her sleep and she found Elias to be doing so. She moved her position and that caused the foreign object to slightly damage the inside of her vagina. …show more content…
The state has profoundly argued that the application of extrinsic forces happens to be the standard, which is adopted within Jones and is not warranted within this case because the forcible rape as well as the forcible sexual penetration with the utilization of the foreign object requires the distinct showings of force. As per some stated laws, the sexual harassment must have some sort of force involved within the process but the case of Elias does not depict the existence or the pressure or any sort of force which gives Elias a cutting edge and he tends to make an appeal for the catering of his punishment and turning into a probation. The author is however of the opinion that this is a significantly wrongful act because the victim was asleep and hence there is no significant question of the use of force. The action made her to rise out of her sleep and then she took the needed action of calling the police. It has however been concluded that the conviction as found by the jury happens to be un-arbitrary and even outside of the reasonable
3. Procedural History: This matter comes before the court on motions of defendants for judgment notwithstanding the verdict, for new trial pursuant to Rule 59 of the Federal Rules of Civil Procedure, and for amended judgment. We have considered defendants' motions collectively and individually and conclude that neither a new trial, judgment notwithstanding the verdict, nor amended judgment is warranted. The evidence supports the jury's verdict.
Shaw describes two types of sexual harassment, “quid pro quo” and “hostile work environment” in both cases the victim can be a man or a woman and in both cases sexual harassment is illegal.
The use of excessive force may or may not be large problem, but it should be
Sexual harassment by definition is based on conduct of a sexual nature. An article on ENotes.com describes sexual harassment as;
COMES NOW the defendant, Douglas Davis, through counsel, and moves to suppress evidence of possession of a controlled substance that resulted from a search in violation of the defendant’s Fourth Amendment right to privacy from unreasonable search and seizures.
On January 17, 1982, her body was found in the wardrobe of her bedroom by a neighbour, Jimmy Holloway. He had been given a key to her home by Mrs. Edwards. Mrs. Edwards had been wounded to death. Whether she had been sexually attacked would remain a subject of some difference (Berkeley Law School Death Penalty Clinic, 2012; Bonner, 2013; Grinberg, 2014; Law Book Review: Anatomy of Injustice: A Murder Case Gone Wrong by Raymond Bonner, 2012; Van Horne,
The acquitting of a defendant by a jury in disregard of the judge's instructions and contrary to the jury's findings of fact
There are many notions that must be understood prior to studying what influences the perpetration of rapes in prisons, for example, studying the context behind each scenario or case. However, there is one notion that is inevitable to disregard and that is, the consideration of ideals of punitive
...ith them by touching her breasts and other body parts and secondly he even threatened them to go on a date else he would get them fired. Both these instances come under the ambit of this law of sexual harassment. The civil rights law forbids the employer to discriminate on the basis of sex (Title VII Statute, n.d.).
suddenly jumps in front of her and drags her into an alley. The attacker strikes (A) and rips her clothes. Fortunately, (A) hits the attacker with a rock and runs to safety. The man’s actions do not amount to assault, they amount to a battery as he dragged the woman to an alley, stroke her, and ripped her clothes off with the intent of causing her harm. The acts of the woman are a measure of self-defense, and she cannot be held accountable for the infliction she may have induced to the man. If the man just followed her without having any physical contact with her, his actions would have constituted to assault, as he would inflict fear into the
According to the report, there are concerns for a domestic dispute between Shante and Travell over a disagreement of disciplining Jaylen. Allegedly the father punched Jaylen twice in his stomach, grabbed him by his arms and pull him up to the ceiling, but did not sustain any marks or bruises. Jaylen was unable to confirm as he has a speech delay. Breonna, denies being present when her parents were arguing, and could not disclose why they were arguing as she was in her room. The mother attempt to leave the home with the children and the father called 911. Consequently, Travell sustain two small scratches on his face made by Shante. There is a pattern of
Nail files are pointy and can cause some serious harm, especially on the body’s soft and accessible areas such as the neck, face, and groin area. Referring to the case scenario, the male and his partner felt threatened by the intoxicated female, and decided to flee the nightclub. The male felt the need to hit the intoxicated female so that he and his partner could leave the nightclub safely with no persecution. If a proper execution of the intoxicated woman’s nail file into the man’s eye or his partner’s eye would have been completed, then the intoxicated woman could have cause severe harm or possible fatality to either the man and his partner or both. The intoxicated woman could not pled innocent to the cause of her action (stabbing someone with the nail file) in the excuse that she was intoxicated and not having full control of her own mental capability because she had voluntarily attended the nightclub with the intent of getting intoxicated. Even though the intoxicated woman does not strike anybody with nail file, she still had the
The last person interviewed was Ms. Haun. She admitted to slapping her bother, Mr. Haun, but denied the allegations of strangulation. She stated she has emotional issues and her brother was antagonizing her to the point where she would committed battery. I questioned Ms. Haun if she received any injury during the altercation, she stated she did not receive any injuries and she was okay.
Upon arrival, Officer Jimenez made contact with the victim identified as Bridgette Davis(W/F-DOB06/10/1990). Davis told Officer Jimenez that she was pushed and had her shirt ripped by her common law husband Tevin Collier(B/M-DOB03/25/1992) earlier that night.
An article on a 2008 case of a father being the killer of his nine year old daughter (Mya Lyon) has speculated to be a push and pull over the story told. That is when they turned to blood spatter evidence to prove that Mya was stabbed in her father’s van and not in the alley that Lyon stated he found his daughter in. On July 2008, Richard Lyons screams as he found his daughter in the alley dead. Being pronounced dead, she was stabbed multiple times. Lyon stated that after discovering her body he took her into the van with his uncle to the hospital. Until the physical evidence raised questions on Lyons story of his daughter’s