Civil Sex Cases

defending civil sex cases in ohio and kentuckyEven though a person has been acquitted of a criminal offense, a civil suit can also be brought against him for tort damages. Such was the case of OJ Simpson. He was acquitted of the criminal charge of murder but was found liable for "wrongful death" in a subsequent civil case.

Increasing in frequency are the civil "sex" cases, many of which are bogus lawsuits. A person gets sued for the statute they supposedly violated (i.e. rape, sodomy, sexual molestation) even if they weren't indicted. Then separate torts may be added for "Intentional Infliction of Emotional Distress" or "Negligent Infliction of Emotional Distress" depending on the circumstances. If he is found "liable" for damages, he has to pay the victim.

In the case where a boy accuses his stepfather of sodomy, and the Grand Jury "No True Billed" the case (which means they would not indict him), some years later this young man can file a civil suit for millions of dollars against his stepfather. In the case where a man sleeps with his daughter's friend and pleads guilty to Statutory Rape, he can be sued civilly by the victim as well.

What is a Tort?
A Tort is a private wrong or harm (other than a breach of contract) committed against another, resulting in legal liability. A tort is either intentional or accidental (negligent).

Since the standard is the preponderance of evidence, civil sex cases are far easier to prove than criminal cases. That's why OJ Simpson was still held liable for "wrongful deaths" that could not be proven on a criminal level. It's also why many bogus sex crime civil lawsuits pervade the courts when sex crimes themselves are quite difficult to prove.

Defending a civil sex case is similar to defending a criminal case with the exception that they can include counter claims against the alleged victim. Since lawsuits such as these are oftentimes bogus, the "victim" can be counter sued for Slander Per Se, Defamation and Abuse of Process and ordered to pay for the defendant's legal fees at a minimum.

If you or a loved one is facing a civil sex case, the first thing you must do is get professional legal representation. These cases can drag on for years causing extreme financial and emotional burden. Lisa Wenzel has a great deal of experience in defending these types of cases. Call today for a free consultation.

 
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