Posted on 03/20/2014 5:50:09 PM PDT by rey
SACRAMENTO— A state board on Thursday granted 14 rape victims who had been working as prostitutes the right to be compensated, the first such action since it reversed its policy on the issue last year.
The California Victim Compensation and Government Claims Board took the action on behalf of women whose claims had previously been denied. The victims' next step is to submit the amount of compensation they are seeking.
The decision follows a vote by the board in December to eliminate a policy that banned compensation for those who were attacked while working as prostitutes. The new rules allow victims of sexual assault who were engaged in an act of prostitution at the time of the attack to be reimbursed by the state for their medical costs and related expenses including counseling, lost income and increasing home security.
The cases are confidential, but board chairwoman Marybel Batjer said in a statement that all 14 were raped. All 14 cases "were earlier denied because of the victim's involvement in prostitution," she said.
Prostitutes had been excluded from receiving victims' compensation since 1999 because their activities are illegal.
California, which created the nation's first victim-compensation program in 1965, had also been the only state to specifically prohibit sex workers from being compensated if they were the victims of violent crimes.
Most of the 14 victims were raped in vehicles or hotel rooms, said Jon Myers, the board's deputy executive officer. Two were raped at knife point. Another was raped after she changed her mind and tried to leave.
(Excerpt) Read more at pressdemocrat.com ...
Robber Sues the Store He Robbed
POSTED IN CRIMINAL LAW PROCESS BY SHULAMIT SHVARTSMAN FOR LAWYERS.COMSM
It sounds like a joke: A man walks into a store and robs it. The store’s employees fight back against the armed robber, chasing and shooting him. The man goes to jail for the robbery and then sues the store and employees for beating him up!
Unfortunately, this isn’t a joke.
The Robbery
In November 2007, Scott T. Zielinski entered Nick’s Party Stop in Clinton Township, Michigan. With a knife, he threatened to kill the store’s employees. He stole cigarettes, alcohol and $873 in cash.
Zielinski ran out of the store, and was chased by a store employee and shot him with a .357 Magnum. The store employees proceeded to beat Zelinski until the police arrived.
The Lawsuit
Zielinski, 23, had a prior armed robbery conviction for robbing a bank and was sentenced to one year and seven months in prison. for this crime, he agreed to plead to an unarmed robbery, and is serving an 8-year sentence.
In April 2009, he filed a lawsuit against the store, the store owner and its employees seeing $125,000, claiming that he was beaten excessively.
Can A Robber Sue?
While the case ended up getting dismissed, it wasn’t because of the absurd claim. The Judge, David Viviano allowed the case to proceed, however, he required that Zielinski post a $10,000 bond.
Why Post a Bond?
Requiring the posting of a bond is rare for a civil case. However, where a felon sues for injuries received during his crime, the judge can require it. This is one of the few cases where the accused can win legal fees to be paid out of the bond.
The purpose of the bond is to cover the store and employees’ attorney’s fees if he loses the case.
According to Zielinski’s affidavit, he couldn’t pay this bond and claims to have no assets. On December 5, the Judge dismissed the case.
Does This Make Sense? What About Self-Defense?
Bond or no bond, it seems strange that a robber can sue after being injured from his own robbery. Also, if someone is robbed or attacked they should be allowed to defend themselves.
While the law allows for self-defense, reasonable force must be used. Zielinski’s lawyer explained the store employees used excessive and unreasonable force against him. “We don’t live in a country with vigilante justice. We don’t live in the Wild West. We live in the United States with a justice system. Whatever you think about Scott Zielinski, he’s already serving his time,” she said. “As a society, we can’t get more justice than the legal system allows.”[1]
http://criminal.lawyers.com/criminal-law-basics/robber-sues-the-store-he-robbed.html
No one should be raped.Ever. And those who rape should be prosecuted and the victim should receive medical care and counseling. And the “johns” who beat up and rape people should be prosecuted. Rape is NOT sex, it is a violent act.
Most prostitutes are victims themselves..if they can get help and support, they just may get out of that business. Many are addicts and if they can get help with the addiction, and hopefully spiritual help too, they may be able to go on with their lives.
Sure they're skanky, but they make it up on volume...
Yes but that isn’t the question. The question is whether prostitutes should get work related benefits.
If the “John” slips away without paying the sex worker, can she cry RAPE?
“So, can I get compensation if I am shot robbing the Quickie Mart? “
Rob the Quicky Mart down here there won’t be enough left of you to get compensation.
Do crack dealers get workmans comp after a drive-by?
Him can they lawfully be reimbursed for “lost wages” which they would have “earned” while engaging in unlawful acts?
What of the pot grower who is robbed or suffers losses if their operations are impaired by criminal destruction of their operations?
Oh, so funny.
Do the pimps get a cut?
His lawyer is a moron. We don’t have a justice system, we have a legal system. If we had a justice system he would get another year behind bars for harassing the store with a lawsuit.
Yeah, I thought it said rapid sex workers.
Sure they’re skanky, but they make it up on volume...
Oh, I thought it said, RABID sex workers...
I wonder do they foam at the, well you know.
I agree.
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