You can sue anybody for anything. But sure, you could have a good cause of action against somebody for raping you. Plenty of injuries (like assault & battery) are both crimes and torts. And you wouldn’t necessarily have to make your name public in order to sue.
Caution: Depending on the state and local court rules, it can be difficult to file a “Doe” law suit.
If I were able, I would certainly do what I could to pay defense costs for my kid. No matter how I felt about the offense, I would want him or her to have good legal representation.
Judge Alan Persky is in the news again, regarding sentencing of another defendant convicted of sexual penetration.
https://www.theguardian.com/us-news/2016/jun/27/stanford-sexual-assault-trial-judge-persky
http://www.nydailynews.com/news/national/brock-turner-judge-harsher-sentence-immigrant-article-1.2689471
Description of the crime Ramirez was convicted of appear to match PC 289(a)(1)(A); Turner was convicted of PC 289(d), 289(e), and 220(a)(1).
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=281-289.6
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=220-222
289a1A and 289d have the same penalties plus Brock was convicted of two more felonies.
@ucbalumnus, what am I missing about the different sentences?
What is going on?
It looks like those media articles are trying to raise the same questions.
You can’t just look at the sentence range; you also have to look at the statutes defining eligibility for probation. Turner was eligible for probation [not that I’m saying that was a good decision]; Ramirez was not. (See Cal. Penal Code section 1203.065.) The suggestion in the Guardian article that the judge could have “negotiated” a plea to a charge that would have permitted a lesser sentence is just plain ignorant. Judges are categorically prohibited from engaging in plea bargaining.
California legislature may pass a law with the DA in Brock’s case support.
It’s not perfect… But it may be better than what exists now.
Everything needs context: http://publicdefenders.us/?q=node%2F1097
Update from the White House petition:
Maybe the culture is changing:
Garcia is a UF football player.
People were watching the assault…I am almost speechless.
Garcia and another person did a great thing to stop the assault.
Luckily this case won’t end up in Persky’s court.
I now have a new favorite college football player.
I believe there are far more good people that would stop an assault than not. Football players included. It’s also positive when awareness has been raised
Awareness and prescriptive instruction around consent are key, I believe.
What the heck is with this out-by-the-dumpster business.
That struck me too. I guess it is telling in terms of the rapists subliminally knowing “the merits” of what they are doing. They are rats.
By the way, Garcia is a walk-on, and doesn’t have a scholarship (and wasn’t recruited). By all accounts, a great guy. We sometimes forget that many of these kids don’t have scholarships and have to work to help pay for college (while still putting in a crazy amount of time to play sports at this level). It really takes a lot of character to pull that off.
^^plus he’s working security at a bar. The article says he was taking out the garbage when he saw what was happening. So proud of this SoFla kid (well, he’s not a ‘kid’ but what a nice young man)!
He did the right thing, especially if the guy had buddies there, who would be more likely than not to beat the crap out of Garcia while their buddy continued raping the women. What is sad is most places don’t have laws on the books that in situations like this, if you do nothing, whether trying to stop what was going on or going to get help, you get charged as an accomplice. This wasn’t like any of the buddies had any fear, there was enough of them they could have easily stopped their buddy and it is quite obvious they saw nothing wrong with this (I don’t know what kind of trash, by the way, could think it was fun to watch their buddy have sex with a woman, consensual or not, but especially not, behind a dumpster). Doesn’t surprise me, though, there are still a lot of men out there who have these kind of notions about sex, that if a guy wants to get laid, well, if the girl is unconscious or out of it, hey, it is free sex. The paper should publish the names of the friends who stood by and watched, they deserve to be shamed, they are just as guilty as their buddy IMO.