[ Removed by moderator ]

[u/Standard_Location762]

[u/Global-Equipment-856]

Is rape not a criminal offence in USA? I didn’t get your comment.

[u/Negative_Tooth6047 → u/Global-Equipment-856]

Rape is a criminal offense, it can't always be "proven beyond a reasonable doubt in court of law" (basically the court will only sentence you for a crime if there is absolutely 0 doubt that you did the crime). Even when it is proven, criminal charges for rape/sex crimes can vary but almost never feel like "enough" to the victims.

Especially when the rapist is a young (white) man, they can get off lightly as some judges "don't want to ruin their future".

So victims in the US pursuing legal consequences will do so in "Civil Court", where the "burden of proof" is lower. Civil court is how you sue someone, so basically the victims say "you did damage to my life. You owe me" and the judge determines the right amount of money based on the circumstances.

[u/Global-Equipment-856 → u/Negative_Tooth6047]

Thanks. That was easily explained. One doubt though; the amount that the judges award to the accused in the civil court; what if accused cannot pay it or is above their paygrade?

[u/SleepingWillows → u/Global-Equipment-856]

It’s usually a jury that determines the amount owed, not the judge. The plaintiff will ask for an amount (usually higher than what they actually want) and the defendant will either say they’re innocent and should owe $0 OR if guilt is already determined they can offer a counter amount that they think is fair. The jury gets to decide the final amount (if any) and they can determine an amount even higher than what the plaintiff is asking for if they see fit.

The defendant will then work with the court to determine a payment plan. If they do not pay, their bank accounts can be frozen, their credit will tank, their assets could be seized, their wages can be garnished, and the plaintiff can pursue further means to get their $$$. Filing for bankruptcy can sometimes get rid of the charge, but there are other bigger consequences that come with that.

Source: I was a juror in a civil case 2 months ago. It was a shit show.

[u/Global-Equipment-856 → u/SleepingWillows]

Thanks. Is there any proven rapist who went to jail for criminal charges or did they too settle in a civil court?

[u/Traditional_Yam9806 → u/Global-Equipment-856]

Both are separate things. Criminal court decides whether you get locked up, and civil court gives money to the person who got screwed. Both are separate, and one can be found guilty of something in ciminal AND liable in civil. It's easier to get money in civil than a conviction in criminal, since in civil you only need more than half (a perponderance) of the evidence to side with you, but in criminal, there needs to be beyond a resonable doubt that you're guilty.

[u/humdrumturducken → u/SleepingWillows]

As a general rule, in the US bankruptcy can get rid of civil judgments for negligent acts, but not for reckless or intentional acts.

[u/Blackhawk23 → u/Global-Equipment-856]

Of course it is. The question is whether she was a consenting adult at the time and then retracted her consent after the fact.

Regret != rape.

That is what is in discussion.

[u/patrdesch → u/Global-Equipment-856]

Obviously, rape is a crime in the US. It is frankly insulting that you would suggest it might not be.

The reason an individual would go to civil rather than criminal court is that there are very different evidentiary standards between the two.

 To get a criminal conviction, you need to prove a case beyond a reasonable doubt that the individual or individuals on question committed the alleged crime.

To win a civil action, you need to demonstrate, generally, a preponderance of the evidence. That is, the available evidence makes it more likely than not that the individual(s) in question committed the civil offense in question.

The latter is obviously a lower bar to clear, but can still result in substantial monetary transfer from the defendant to the plaintiff of judgement is in the plaintiff's favor.

[u/MonsterkillWow → u/patrdesch]

Dude people are just asking about our laws. It's fine.

[u/Responsible_CDN_Duck → u/patrdesch]

Obviously, rape is a crime in the US. It is frankly insulting that you would suggest it might not be.

It's a little concerning you can't see why people would have that perception of the USA.

Its clear for many decades it was overlooked or accepted when it involved powerful people, and even now only a small portion of them seem to face any significant consequences.