On February 18, 1992, The Supreme Court for New York County, New York, discussed the application of punitive damages in civil suits against criminally convicted perpetrators would be appropriate in rape cases. A New York Criminal Lawyer said the case in question granted $10,000,000.00 in damages to the victim of…
New York Criminal Lawyer Blog
Defendant Claims Bringing Up Prior Acts Prejudiced Jury
Drug Possession crimes are a problem in every city in the United States, but courts do not usually expect to find them on their own back doorsteps. In the case of the Supreme Court of Bronx County in 1972, they did not expect to find the drug problem on the…
Can the Mentally Ill Understand the Consequences of Their Actions?
Legality as it involves persons who are mentally ill can become convoluted. Many cases have reached crossroads where the offender is mentally ill. The rights of the victim become confused with the ability of the offender to understand what occurred. In some cases, it is an even more horrendous injustice.…
Court Discusses Concept of Equal Protection
The Facts: Sometime in 1978, defendant and his wife got married. In October of that year, shortly after the birth of their son, defendant began to beat his wife. In early 1980, the wife brought a proceeding in the Family Court in Erie County seeking protection from the defendant. On…
Court Orders New Trial in Rape Case
An appeal was filed by three men on a decision charging them for the crimes of rape in the first degree, sodomy in the first degree, sexual abuse in the first degree and assault in the second degree. A New York Sex Crimes Lawyer said the three men, as the…
Court Discusses Corroboration Element of Sex Offenses
A man was arrested and charged with the offenses of rape in the first degree, sodomy in the first degree and possession of a dangerous weapon. The offenses were allegedly committed recently after the arrest. In addition, the grand jury failed to indict the man for the rape and sodomy…
Rape Charges Dismissed for Lack of Evidence
The man was charged with kidnapping in the second degree, two counts of assault in the second degree, attempted rape in the first degree and attempted sexual abuse in the first degree. The man was also charged with similar counts previously involving another woman but was later dismissed. Evidently, the…
Court Discusses Issues of Discrimination and Equal Protection
The Facts: Sometime in 1977, defendant-one was indicted for the crime of Rape in the Third Degree, a criminal law violation; that defendant, over twenty-one years of age, engaged in a sexual intercourse with a female less than seventeen years of age. A New York Criminal Lawyer said that sometime…
Defendant Brings an Appeal for Incest Charges
The accused was indicted for rape, assault and incest. The complainant is his thirty-six year old half-sister. The court dismissed the first count of the indictment charging rape by force, and the jury found the accused guilty of the remaining count of rape under the Penal Law, assault and incest.…
Is Rape During a Hospital Stay Medical Malpractice?
The Facts: At the time of the rape, the victim (or claimant) was 20 years of age and had a history of psychiatric problems, including several hospitalizations. She was hospitalized at South Beach in 1990 after trying to jump from a window. Other probable suicide attempts include setting the bathroom…