Jeff Herman is a nation-wide recognized attorney for victims of rape, sexual abuse and sexual exploitation. He has practiced law for many years and he has helped thousands of victims of sexual abuse and rape get justice. He founded Jeff Herman Law and made its watchword “VOICE FOR VICTIMS.” The first case he represented involved an autistic child of preschool age, whose parents suspected unfair play toward their child at school. For over a decade, Jeff Herman has made national headlines exposing sexual predators and the institutions that protect them.
Recently, he weighed in on the Harvey Weinstein Case, noting the importance of civil cases and how in most situations it is the only way a victim can have justice. Jeff Herman discusses civil court litigation as much as sexual crime cases are concerned. He is concerned about sexual crime perpetrators walking free because of lack of enough evidence.
In a criminal case, the burden of proof lies on the shoulders of the prosecutor. In a city like New York, it can be difficult to proof beyond reasonable doubt that the crime occurred.
There are two main ways a claim can be brought before the courts. Firstly, sexual offenders are normally taken to criminal courts. Secondly, they can also be made accountable for their actions in the civil court.
In a criminal court, a sexual abuse case is an offence against the state rather than the accuser. Therefore, it is the burden of prosecutor to proof beyond reasonable doubt that the crime occurred. Usually, the accused is innocent until proven guilty.
In a criminal case, the victim can only be compensated for financial loss. This is because it is difficult to quantify the amount of psychological loss, pain suffered and the like. While that is true in criminal cases, if the same case, say a sexual assault case, is brought to a civil court, upon the defendant being founded guilty, the victim will be compensated for all the damage and loss.
According to Jeff Herman, a sexual crime victim can only get justice in a civil court because of how the criminal system works.
In comparison between a prosecutor in a criminal case and a plaintiff in a civil suit, the prosecutor has to proof beyond reasonable doubt, which is harder.
Mostly, civil cases are initiated by victims against employers or institutions for not doing something to prevent an incident such as sexual abuse.
Generally, a plaintiff is better placed to get justice in a civil court. According to Jeff Herman, a victim can initiate civil suits against many parties such as schools, employers as well as the sexual offender. View Additional Info Here.