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  1. #11
    Members wellquickwoody's Avatar
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    Quote Originally Posted by The Clamp View Post
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    This is what puzzles me. If there is new evidence then go to re-trial but it’s simply unjust to then use a less stringent court to find him guilty and make him pay 80k.
    Don’t get me wrong, if he’s guilty I wanna see him punished but this makes a total mockery of our courts.
    I have heard of someone being found guilty in criminal court and then also in a civil court to get compensation but not one or the other.
    It is exactly this kind of case that leads one party to sue and the other to counter sue. Perhaps if genuinely innocent, the aggrieved man should sue for malicous harassment by the alleged victim? All boxxocks I know, but where is the end game?
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    • #12
      Members Worried Man Blues's Avatar
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      Does one get more financial recompense, via civil, if the guilty doesn't go to jail?
      I haven't always followed the stripes. ||||
    • #13

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      Quote Originally Posted by The Clamp View Post
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      This is what puzzles me. If there is new evidence then go to re-trial but itís simply unjust to then use a less stringent court to find him guilty and make him pay 80k.
      Donít get me wrong, if heís guilty I wanna see him punished but this makes a total mockery of our courts.
      I have heard of someone being found guilty in criminal court and then also in a civil court to get compensation but not one or the other.
      Because they are looking at two different standards of proof. There didnít need to be any more evidence for the civil courts. This sort of thing happens all the time - see OJ Simpson for one particularly well publiscised case.
      Well the thirty minutes are almost up Swindon fans but your not there yet. in it goes (yyyyyyeeeessssssss) ooohhh its gone in, Brighton in added on time have snatched a goal through Virgo!!! Incredible!! Once again there is late, late, late drama in the playoffs!!

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    • #14
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      Quote Originally Posted by nwgull View Post
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      How much could I claim for damages for some of the fat munters Iíve had the trauma of waking up next to after a night on the lash?
      Or . . . how much could THEY claim in damages for the trauma of waking up next to you after a night on the lash?
    • #15

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      Quote Originally Posted by BigGully View Post
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      How can you find someone guilty without sufficient evidence (I am guessing that what is meant by 'not proven' in a criminal court), but on some other vague feeling that you might think he did it anyway in a civil court ?
      Not Proven is not finding someone Guilty. It is probably saying precisely what you note - that there is not sufficient evidence. If they were certain that he didn't do it, it would be "not guilty" ...Ö. but I am not a lawyer. I don't know if "Not Proven" would come in to play if they thought he was innocent but it wasn't "nailed on". I doubt it, though.

      And this is only in Scottish law. It does not exist in English law.
      "In football, everything is complicated by the presence of the opposing team". Jean-Paul Sartre.
    • #16
      Drew drew's Avatar
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      OJ Simpson was not found guilty in a criminal court but lost a civil case from for wrongful death from the family of Ron Goldman and was ordered to pay $33m in damages.
    • #17
      Drew drew's Avatar
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      Quote Originally Posted by wellquickwoody View Post
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      It is exactly this kind of case that leads one party to sue and the other to counter sue. Perhaps if genuinely innocent, the aggrieved man should sue for malicous harassment by the alleged victim? All boxxocks I know, but where is the end game?
      If you had lost the civil case, on what grounds could you sue for malicious harrassment.
    • #18
      Members Weststander's Avatar
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      The criminal court was not convinced to the exacting extent required for a conviction.

      The civil court found that on the balance of probabilities a rape had occurred.

      The young lady was on the radio today and came across as a decent person seeking justice.


      This case is not unique. Families of victims of murderers and terrorism have used the civil route, after a criminal case before.
      Last edited by Weststander; 15-10-2018 at 14:42.
    • #19
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      Quote Originally Posted by The Clamp View Post
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      Thank you. Seems mighty unjust to me. May as well scrap the criminal justice system and do it all through the civil court.
      The other difference is, which favours the accused, is no criminal record and no custodial sentence if their defence fails.
    • #20
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      It's not something she would have gone into lightly without a strong case because if she had lost she would have been liable for all the legal costs which including her own and the defendant's could have easily reached over £60,000 and probably significantly more.

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