Lawyer for Rape Victim in California
Victims of sexual assault or rape can suffer massive physical injuries and lifetime emotional damages. In most cases, the criminal justice system in California can let these victims down by failing to obtain a conviction against the offenders or but just failing to prosecute them. This is where a seasoned lawyer for rape victim in California comes in to achieve justice for the victim by filing a civil claim against the perpetrators.
Statistics from the U.S. Department of Justice indicate that 100 percent of reported rapes, 17 percent sexual assaults, and 39 percent attempted rapes between 1992 and 2000 resulted in injuries to the victims. If you’re a victim of rape in California, contact Johnson Attorneys Group that specializes in prosecuting personal injury cases resulting
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No amount of CT scans or X-rays can actually prove the level of sexual exploitation or molestation by the perpetrator. Sometimes, younger victims may conceal the information until they’re 30 years or even older. In such a case, surfaced memories can help a sexual assault victim to identify the abuser and seek legal redress. The California rape laws criminalize any sexual intercourse that occurs without the consent of one participant. Rape is a broader category of sexual assault and includes groping and other unconsented sexual touches. Here are the scenarios where a sexual intercourse can be considered a rape by the California state laws:
• The defendant applied physical force, duress, intimidation, or threat.
• The victim did not have the capacity to consent (intoxication, physical disability, or developmental delay).
• The victim was asleep, unconscious, or simply unaware of the occurrence of the intercourse.
• The defendant made a fraudulent representation to induce the sexual
(NCVS, 2000.) This means that in over half of rape cases the victim knows their assailant. This becomes a major disadvantage when looking at rape shield laws the shield does not prevent from the courts to engage in questioning in previous sexual contact with the defendant. This implies that in over half of rape cases the victim’s sexual history will in fact be heard in court, due to the victim’s knowledge or previous relationship with the defendant. If a victim of rape has been convicted of a prostitution offense within the last three years, their sexual history is considered to be admissible in court. (Muldoon, 2012).This exception can also render problematic due to the simple fact that just because the individual was once engaging in illegal sexual activity does not mean that in the particular event the victim was not in fact raped. Rape Shield laws are also very vague and have many different exceptions and each state has different rules they go by, which can therefore produce what evidence and the protection of the victim to be different in each case.
90 percent of the victims of sexual assault are women and 10 percent are men, and nearly 99 percent of offenders in single-victim assaults are men (Bureau of Justice Statistics 2010). According to https://www.justice.gov/ovw/sexual-assault, Sexual assault is any type of sexual contact or behavior that occurs without the explicit consent of the recipient. Falling under the definition of sexual assault are sexual activities as forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape. () Sexual Assault can happen to anyone, not just women it can happen to men and kids as well. Sexual Assault these days are a big trouble and it is not being addressed in good order, and it is
In Rape in the Fields, the issue of sexual assault and harassment in the farm industry
Sexual assault and rape on college campuses is a serious public issue. Before applying to these accredited institutions most students do not look up the school 's past records of sexual assault and rape on their campus.College campuses have failed to keep students safe the system they use has failed to protect and obtain justice for those that have been victims of sexual assault. Society plays a huge part in how young adults view sexual assault. From young age girls are told “if he’s bothering you it 's because he likes you”, and boys aren 't held accountable for their actions because “boys will be boys”. At what time does it stop being a game. At what age is it not acceptable for boys to mistreat girls, when is the line drawn and, what is the punishment for when this line is crossed.
Rape is often viewed by the public as sex that is not consensual, and mostly sex that is physically forced. In fact, the dictionary definition of rape is “the unlawful compelling of a person through physical force or duress to have sexual intercourse.” In most cases, victims of rape are physically forced to have sex, while with cases of rape by deception, the victim has not been physically forced but has been tricked into consenting to have sex.
In general, rape means force or threatening to use force to a potential victim. It includes vaginal but doesn’t exclude other forms such as, anal and oral penetration. Rape tends to get grouped with women but, there are also men who get victimized as well. It’s not limited to heterosexuals either there’s also homosexual offenders (“Sexual Assault”). It is very common and it usually goes unsolved (Triffin). Here is a cause and three effects that helps prove this is an important issue.
A. Background Information: The next four years of the students’ lives after high school mark the moment they become independent. Because of the freedom, college students are more susceptible to careless actions like drinking, doing drugs, and even committing sexualt assualt. Sexual assault has been around for years and the actions to prevent this heinous crime has been minimal, especially in colleges and universities. In 2015, Brock Turner, a student from Stanford, sexually assaulted a young woman on campus. Turner claimed that because he was drinking, was with friends, and saw a “promiscuous” female student, that pressured him into committing such a heinous crime. This was because Stanford University didn’t teach its students sexual assault prevention which caused the victim to be harm and violated. By teaching college students about sexual assault prevention, it decreases the number of sexual assault cases on campus, prevents psychological damage to the victim’s mental state, and educates other students to know the signs
Rape is currently on the rise on American college campuses and it is the most common committed crime among college students today. In their time in college 1 out of every 5 women and 1 out of every 71 men will experience some form of sexual harassment as reported by the National Sexual Violence Resource Center. These numbers are growing each year and have raised a lot of concern in the administrative level of higher education institutions. In an effort to try and prevent these occurrences universities have begun to implement mandatory curriculum to educate students on the subject and have even begun to hold campus wide events and create clubs to spread awareness and show support because of the repetitive nature of this crime. While it is good
Sexual assault is defined as a type of behaviour that occurs without explicit consent from the recipient and under sexual assault come various categories such as sexual activities as forces sexual intercourse, incest, fondling, attempted rape and more (Justice.gov. 2017). People often become victims of sexual assault by someone they know and trust (Mason & Lodrick, 2013) which is conflicting to the public’s perception and beliefs that offenders are strangers. Women are the main victims for sexual assault and are 5 times more likely to have been a victim of sexual assault from a male (Wright, 2017, p. 93). Men are victims of sexual assault however only 0.7% of men, compared to 3.2% of women, experience some form of sexual assault which highlights how vulnerable women are compared to men. Sexual assault is publicised and exposed in the media, however is often
The public does not know how to adequately and appropriately respond to rape because usually when these incidents occur, typically perpetrated by men victimizing women, society tends to blame the survivor, while excusing and justifying the attacker. This almost always occurs when the perpetrator is a white, upper class male, seen in the most recent case with the rapist from Harvard who was only sentenced to six months in jail for raping an unconscious woman. Rapists of color are typically given longer sentences than white rapists, while sometimes, many of these rapists do not serve any time in jail nor are charged for their crime. Rape can happen by women to men, women to other women, and by men towards other men, but because of the unbalanced power dynamics that leave women hierarchically inferior to men, they are most often the victims to these social superiors.
Unfortunately, rape is a traumatizing event to happen to an individual that can have lifelong effects on the individual physical, mental, and emotional state. Many victims elect not to report the crime to law enforcement in order to put the past behind them. Nonetheless, there are numerous explanations on why this crime is not heavily conveyed to the police. First, there is a sense of renunciation for the victim; particularly if the rape was brought on by someone they know (Burgess, Regehr, & Roberts, 2013, p. 375). In the event that this occurs, the victim could try to evade the topic of what has transpired to them to de-escalate their sense of embarrassment and shame. Second, the victim’s fear of the legal system could avert them from also reporting the crime (Burgess, Regehr, & Roberts, 2013, p.
Rape is one of the most intimate crimes in the world. According to nolo.com legal encyclopedia rape in nonconsensual sexual intercourse that is forced upon someone that is not wanted. Statutory rape is when a person disregards the under 18 consent law and forcefully has sex with them. According to ular.edu there are many different types of rape such as anger, power, sadistic, stranger, acquaintance, and martial rapes. These different groups show that rape can happen to anyone at any time.
Men are usually more aggressive, and women are seen as passive. Vogelman: This socialization process is changing, but slowly. Rape is non-consensual sexual intercourse that a male performs against a woman whom he is neither married to or cohabiting with. The definition of rape changes by geographic location.
Sexual assault is a term that is used interchangeably with the word rape. The decision on whether or not to use the term rape or sexual assault is made by a state’s jurisdiction. Sexual assault is more readily used in an attempt to be more gender neutral (National Victim Center). Sexual assault can be most easily described as forced or unconsentual sexual intercourse. The individual that is performing these acts on the victim may either be a stranger or an acquaintance. In 1994, 64.2 percent of all rapes were committed by someone the offender had previously known (Ringel, 1997). Regardless, this type of crime can have extreme effects on the victim.
For the majority of victims it is hard to express they have been raped. The victims may feel guilty because they “asked for it” or they may feel “nasty”, as if they did something wrong. They might keep asking themselves what they could have done to avoid the attack or stopped it from happening (“Common reactions to rape”). If the victims feel this way about themselves, then what makes them think that other people won 't feel the same way. This is why many do not tell people or talk about the event. When Kathleen was raped she said she got called everything under the sun like "crazy", "nuts", "losing it", "pimp", "sl*t". She said she lost a handful of people to this event. People that didn 't understand that this was not her choice and how much it changed her (Kathleen Mary Fitzpatrick). Many people also do not feel comfortable having sex after the assault. Even being touched could be too much. It could bring them back to the event of being raped.For some people they could be suffering from PTSD, Posttraumatic Stress Disorder. Of course the victims will try everything not to remember the horrific event. “While I’m having sex I have to keep controlling my mind so I can hold it back from having a flashback. Throughout the whole process, I’m scared of these memories coming back, I’m trying to reign in the feeling of nausea.” Says rape victim Jo Heath. She sums up what many rape victims feel while they are