Wednesday, November 23, 2011

As a rape victim, what sort of lawyer should I seek for legal advice?

All I can find is ';Assault and Battery'; and ';Sexual Harassment'; as far as attorneys go.





I'm looking for some advice and some answers to questions I have about my case such as,


-if this goes to court, how will my case hold up?


-with the information i have, how likely is it that he will be prosecuted?


-what is the legal system like, and what would court be like?





I really want this to go to court, and I really want him to be prosecuted because I am not the only victim.





Thanks guys!


By the way, I live in Oregon.As a rape victim, what sort of lawyer should I seek for legal advice?
Contact a local sexual assault/rape/women's crisis center in your area and ask for a referral to an attorney who can answer your questions. If there is a law school nearby you might want to contact them. They sometimes offer law clinics often at low or no cost to people having legal questions on a range of questions including yours.





You want the case to go to court. Some prosecutors offices have victim advocates. You may want to contact the DA's office and inquire about it. The sexual assault/rape/women's crisis center I mentioned earlier may be able to provide advocacy services for you





A couple of things about going to court in a criminal manner. Understand the decision to do so is not yours. As a victim you are not a party you do not having in a criminal matter. The case is between the state and the alleged offender. The police determine if they have probable cause to make an arrest. The prosecutors office perhaps with the involvement of a grand jury determines if enough evidence exists to bring an indictment against the alleged offender; and then whether they believe there is sufficient evidence to win a conviction and thus justify going to trial.





Let me say in advance of any trial or verdict if the state fails to prove its case beyond a reasonable doubt as is required in a criminal prosecution it does not mean you were not raped. It is not a complete exoneration for the perpetrator although the media and his entourage will see it that way. A not guilty verdict in the American system is not a finding of innocence. Trial courts in the US do not make determinations of innocence only of guilt. What a not guilty finding means is that the state didn't prove to level of proof required by law. It does not mean the incident (the rape) didn't occur





Even after a not guilty in a criminal trial you can still a civil action against the rapist and generally if a preponderance of the evidence is in your favor you will win. A preponderance means who have a majority of the evidence in your favor. Or your evidence weighs at least an iota or a scintilla more than his. Now a few states may require clear and convincing evidence in some civil actions. It's a more stringent test than the preponderance one but not nearly as strict as the beyond the reasonable doubt one of criminal prosecutions.





good luck and also if you need any help dealing with emotional trauma from the effects of the rape or anything related to it ask for referrals for social workers or other appropriate resoures from the rape/sexual assault centerAs a rape victim, what sort of lawyer should I seek for legal advice?
You only need a lawyer if you need to sue. The prosecutor will bring you in to go over everything if he needs you to testify.


I would try a rape counseling or crisis center. They have most likely helped many people through this.
Many states have free Victim / Witness Advocates to help crime victims and answer exactly these questions. Just Google ';Oregon crime victims'; and see what comes up.





Criminal defense lawyers handle rape, too.
A criminal case is brought by the state. You should file a complaint with law enforcement sufficient enough to give rise to probable cause so that a warrant can issue.
Unless you want to sue for damages, you don't need your own lawyer. Talk to the DA who's handling your case to find out about your case's progress.

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