案例研究:创造性调查 & 民事性侵犯案件的证据收集促成司法公正

案例研究:创造性调查 & 民事性侵犯案件的证据收集促成司法公正

性侵犯受害者在寻求正义的过程中面临许多障碍, especially when it comes to alleged offenders being charged and convicted for their crimes. 不幸的是,这种情况并不总是发生.

但即使刑事诉讼证明毫无结果或根本不存在, sexual assault victims have grounds to pursue civil claims to recover the justice and compensation they deserve.

正如Biren法律团体所展示的, 为民事性侵犯索赔提供公正的解决方案, 尤其是在失败的刑事诉讼之后, requires Plaintiffs’ attorneys to double down on their persistency and explore creative ways to investigate and gather evidence.

案件事实

比伦法律集团的案子涉及到无名氏, 一名年轻女性受害者被一名富人性侵, 年长的朋友.

在碧人法律集团介入之前,此案基本上停滞不前. 尽管强有力的证据, the criminal trial did not secure a conviction and instead ended with a hung jury. Notably, all female jurors voted to acquit 被告 while all male jurors voted to convict.

在刑事案件中, female jurors did not believe Jane Doe was a victim because of her looks and because 被告 was wealthy. 使事情更加复杂, 被告是受害人父亲最好的朋友, 父母站在被告一边,而不是自己的女儿.

Following the hung jury, the District Attorney plead 被告 out on minor criminal charges.

因为被告提出抗辩 没有比赛 (a plea by which a criminal defendant accepts conviction but does not admit guilt), 这些轻微的指控对民事诉讼没有好处. 作为一个结果, prior counsel in the civil case was unable to obtain any offer and ultimately abandoned the case.

创造性的证据收集 & 无情的调查立场,公正的解决方案

在被原告扣押后, 笔人法律团下令并审查了刑事审判的所有笔录. 这是一项乏味但至关重要的任务, as statements made by 被告 during the criminal case were given under oath and were therefore impeachable.

在与刑事诉讼并行的民事案件中, it is wise for Plaintiffs’ attorneys to obtain and review all trial transcripts and documentation from those cases – not only for the fact that it offers a complete and cost-free investigation, but also because it provides ample opportunity to find evidence of a Defendant or Witness compromising their credibility or committing perjury.

Of note in this case was 被告 claiming he had never engaged in prior acts like the assault, 他是个有信仰的人, 他从未对妻子不忠, and that any admissions of wrongdoing were void because he had never done anything like the assault before and was merely trying to make the Plaintiff feel better.

持续寻找目击者

Given the sensitive nature of the case and because 被告 would have to produce significant cash to resolve the claim without insurance, 诉讼是有争议的和好斗的.

比伦法律集团在案件开始时选择不接受取证, but instead chose to meticulously phone interview and speak with anyone who knew 被告. 这包括他的朋友、家人和经常去教堂的同伴.

虽然这一策略最初被证明是困难的, Biren法律团体 was able to strike gold when they located a witness who frequented brothels and purchased prostitutes with 被告. The witness signed a declaration confirming he participated in visits to brothels and having sex with prostitutes with 被告.

一个改变游戏规则的发现

One good witness or piece of evidence is helpful, but it alone is not enough to hammer the defense. 在性侵犯和强奸案件中尤其如此, as there is typically no available insurance and 被告 is confronted with very difficult and scandalous allegations for which they are unlikely to accept, 甚至表现得好像他们接受了, 的错.

比伦律集团不断深入. Driven by the existing evidence indicating 被告 was in fact a sexual predator who likely had prior bad behavior, 策略变成了坚持不懈. 被告身边的每一个人都被询问过.

Eventually, Biren法律团体 was able to track down 被告’s former 65-year-old nanny. 在考虑之后, she decided to come forward under oath with a harrowing story describing how 被告 sexually assaulted and raped her a decade earlier. 有些细节和无名氏的案子非常相似.

Biren法律团体 continued the investigation and eventually discovered stories about missions to Mexico where the defendant engaged in inappropriate relations with minors and orphans. 很多人曾经和被告一起去教堂, 谁不是教会的领袖, 提供了关于在墨西哥涉嫌犯罪的具体细节.

在比伦法律集团(Biren法律团体)接手的时候,没有人出价. But discovery of this additional evidence would drastically alter the trajectory of the case.

中介

At mediation, Biren法律团体 went the extra mile to make it clear 被告 was in trouble.

The Plaintiff arrived at mediation with an armed guard and a note to 被告 and his wife, 谁出席了调解, advising that the Plaintiff was in an extremely vulnerable state and not to be approached. This sent a message to 被告 that he would not be able to skirt justice as easily as he had done in his criminal case.

除了, 数不清的和解摘要副本, 详细描述了证人所说的被告的不良行为, 被印出来带到调解现场吗. To ensure all parties in attendance were aware of how significantly bad the evidence had become, 摘要的副本已分发给被告的律师, 被告, 以及被告家属.

被告, who was originally emboldened by the hung jury and who made no offer or attempt to resolve the case before Biren法律团体 took over, 在调解时与他的妻子和财务顾问进行紧急对话, which led to the immediate sale of 被告’s seven-figure vacation home to satisfy the settlement.

最终,这个案子在调解中以一笔数目可观的机密款项达成了和解.

这个案例的主要教训

原告和代表他们的律师, civil sexual assault claims can be a powerful mechanism for obtaining justice – even when other systems of justice fail at that same purpose.

碧仁法律集团, we believe this particular case provides meaningful lessons about the power of persistence and the need to pound pavement and cast a wide net to find what you are looking for.

另外, 电子邮件或短信在某些情况下也有用处, live and real-time communications may be more prudent when it comes to investigation. 比伦法律集团没有在电话中与证人交谈吗, where the witnesses could hear what happened first-hand without being able to easily ignore, 不太可能获得任何确凿的证据.

在这种情况下,重要的是要不断推动. Though Biren法律团体 could have stopped after obtaining the witness declaration, 调查还在继续. 一条好的证据变成了几条强有力的证据, and ultimately the support for a narrative that could withstand even the most conflicted views and imperfect opinions of people who comprise our juries.

碧仁法律集团, 十大电子游艺平台首选父子法律团队热衷于帮助受害者为正义而战, 尤其是当他们的声音被他们无法控制的力量压制的时候. 如果你有问题 我们公司, 十大电子游艺平台首选实践领域, 也不知道我们能不能在一个潜在的案件中提供帮助, 打电话或在线十大电子游艺平台首选.

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