i need some law help on stach rape

[Burning_Inside]

so NYCdefender, are you saying basically that anyone could take anyone to court over hearsay? For instance, I hate Joe, and want to get back at him somehow, so I go to the cops to press charges saying Joe pointed a gun to my head. I don't see how you can take every case like that to court, it's a huge waste of time and taxpayer money especially when there's no evidence. I can see if maybe they got a confession out of someone, then at least they have something to go on, but I don't see how in the world you can press charges with at least some validity to them.

 

[Laserdude]

If both deny it, then they could agree to sue the school dist., and the counselor for slander. That ought to get some control over the fucking school system.

I would definately set them up for this one. I would say
they could later on be very wealthy as young adults because of the damage they are trying to create on them.

Schools are the breeding ground of this type of activity, but sex is none of the schools business. They exist to educate, not teach morality.

Look no futher than to Clinton's example of morals and the government and I think you get the point.

nycdefender, no offense but I think your wrong on this one. I would sue any lawyer who would try this case on the lack evidence and hearsay is just that hearsay.

HEARSAY IS NOT ADMISSIBLE IN ANY COURT AND YOU SHOULD KNOW IT.

Any one who thinks that kids are'nt supposed to have sex is crazy. Why do you think they should not is beyond me. As long as they know about protection and use it, it is no one elses business.

How in the hell are we supposed to legislate a hormonaly induced behavior? Millions of years of evolution has created this drive and in no way can it be denied.

 

[Burning_Inside]

BigPhysics...That's just so damn silly..this legal system needs a huge ass overhaul..It needs to be started fromt he ground up..I swear it's honestly like a game, like playing Magic the Gathering.

 

[natasan]

as long as neither one admits it, there really is no evidence.

as far as hearsay - as long as your friend isn't going around saying, "Last year when I was banging this 14 year old..." - because that is an excited utterance and is one of the exclusions the hearsay rule and could be used in court.

The counsler doesn't really have much of a case and if this was all a bit in the past anyway - there should be no problems.

However, even just the accusation of such things can be just as damaging. I'd threaten counteraction if the school doesn't drop it.

Damage to character, etc.

 

[litig8r]

nycdefendar correct

nycdefendar is correct. I have prosecuted a few Stat rape cases. It'll take a lil more than heresay but as noted there are a bunch of exceptions and many of them deal with sexual assaults (rape). As for the counselor, many states have a MANDATORY reporting requirement that also has a complete exemption for any liability. Suing is probably not an option. Besides, THE TRUTH IS A DEFENSE TO SLANDER and you could open yourself up to the criminal charges through the civil suit.

hasta

litig8r