How Montana Is Revamping Their Sexual Assault Laws To Be More Inclusive

The consequences and prosecution of sexual assault and other sexual crimes are determined at the state level. Montana is one state that is looking to overhaul their sexual assault definitions to be more clear and concise.

A legislative committee is discussing a proposed category of bills that will revise the current sentencing for those convicted of sexual assault. Legislators are considering omitting things like the requirement for victims to prove that there was physical force used against them for sexual assault cases.

The current statutes are being reevaluated because of the recent incidents at the University of Montana. Senator Diane Sands believes that the way the University handles sexual assault cases needs to be reexamined, as do the laws at the state level.

Sands believes that now is the best time to examine these issues and the best sexual harassment lawyer to step in. Now that the nation is shining a light on the case, it is clearer to focus and see. At the state level, many sexual assault cases expire because there are very specific things that must be proven. If you don’t have all the components to a sexual assault case, many prosecutors will turn you away, saying that there isn’t enough evidence for a prosecution, and therefore they can’t do anything.

At the helm is the question of how to define “consent.” Montana is one of many states that is trying to overhaul the definition of consent and how to prove that it was given or not. Consent is presumed to be given by “yes,” but it does not have to be said verbally; there are other forms of “yes” that the law considers, like nonverbal cues or the absence of saying “no.”

The problem is that if someone is incapacitated, or unable to “say” or verbalize “no,” it would not appear that they are saying “yes.” Only lawfully does that make any real sense. The definition of consent is one of the problems that have arisen at the University of Montana. Students who couldn’t prove that they said “no,” or who were not physically forced to have sexual relations, were presumed to have said “yes.” That is simply not a fair determination. Therefore, it allowed a lot of sexual assault cases to go unprosecuted.

Other issues being debated are the use of distribution of recordings or images that are sexually explicit. Things like “revenge porn,” especially in the case where the victim is a minor, are not against the law. Legislatures are asking to revamp juvenile rules, making even those under the age of 18, responsible for their actions.

Consent is a very difficult component of sexual assault in any case. Montana’s current definition that there must be a show of force is simply outdated and doesn’t relate to many instances of sexual assault cases. It makes it legal to have sexual intercourse with someone who is passed out or incapacitated, as long as they didn’t say no and you didn’t show any physical signs of harm or restraint. That puts victims on trial and puts the burden of proof in the victim’s hands.

There are also cases where people will give consent when inebriated and simply forget or feel remorse in the morning for the act. Those cases make changing the statutes just as problematic and unfair. When you are talking about ruining someone’s future and life, the blur in definitions is difficult to decipher. If you don’t revamp consent, you could be letting sexual offenders slide, if you do, you could risk finding someone guilty of a crime they didn’t commit.

The incidents at the University of Montana are happening on campuses around the United States. When you have young adults who are experimenting with alcohol and are unsupervised, sometimes without the maturity or the moral compass yet to have the freedom afforded, you can run into some really sticky situations that blur the lines. What is for sure is that one wrong move, one bad night and one miscommunication on both ends can end in tragedy for two people.

It’s a hard line to draw, and sometimes the only ones who really know what happens between two people when no one is around to witness the event, have very different recollections. Their experiences are different, their feelings are different, and their recollections are not always consistent or realistic. If general and sweeping changes are made, it could swing the pendulum in the opposite direction, which is not always better in the long-run.

What Does The Birth Injury Lawyer Do To Help You?

The arrival of a new family member is definitely a really important moment in the life of the parents. Many just dream about the moment and whenever something bad happens, the effects can be truly devastating. Giving birth is scary in itself so when we add horrific events, things get quite complicated. You want to always prepare for that worst-case scenario but this is something few parents are ready to deal with.

If birth injury is suspected, the most important thing that you have to do is look for a great birth injury attorney that services the area where you live. Complimentary consultations are always offered so there is absolutely no reason why you should not arrange interviews with as many of the injury attorneys you find as possible. Since the process can be quite long, you want to work with someone that you can fully trust. The professionals will help you through every step of the way.

Caretaker Research

Always research the midwife and the obstetrician that will be involved in the birthing process. It is really important that you only work with those that do not have pending or past suits that are connected to misconduct or failures happening in delivery rooms. Then, focus on the certifications and licenses that exist. Medical school counts and you want to know as much as possible about the past experience of the health care professionals. Ask questions so that you can be confident about the work that is going to be done for you.

Always Keep Documentation

Families should keep documents and the hospitals are actually required to keep records about pregnancy and birthing. This is highly important for the future and for the well-being of the child. In order to have all the proof that will be necessary to prove a medical negligence neglected to giving birth, you have to be careful and you need to be prepared for everything that is about to happen.

Something as simple as filming or discussing with the medical professionals while you document everything can help. Not only will this help you because you will have proof in the event something goes wrong, it will also be valuable for parents to know exactly what has to be done during the pregnancy phase.

The personal injury attorney that is specialized in medical injury is going to always do all that is necessary to gather the necessary documentation connected with the birthing process. It is not at all difficult to find all the proof that you need in order to prove many things connected with the pregnancy. However, most parents do not manage to do this as they are not aware of all that has to be considered. The attorney knows the law and knows what will be accepted in court of law and what will not.

Be sure that you never go through a birth injury claim without the help of a trained specialist. This is very important as it will give you the best fighting chance in this process.

 

Different Sub Categories Of Personal Injury Law

Contrary to popular belief, personal injury law is much more complex and includes so many different sub categories. It is difficult to analyse all of them and understand everything about this set of laws. The truth is we are faced with so many things that are not properly understood by people from all around the world. Tario Law Mt Vernon highlights that you need to be really careful when you choose a personal injury law firm since only those that have experience with the type of case you are faced with can offer the best possible help.

Generally speaking, we have 2 main categories under personal injury law:

  • Intentional torts or acts
  • Negligence cases

The intentional acts are going to happen when someone plans to commit an unlawful act. The result is victims being injured. Normally speaking, it does not really matter if injuries are intentional or not. If a third party causes an injury, medical compensation is necessary. However, working with a law firm that is specialized in the intentional cases is something that would help you more than with a firm that is mostly dealing with negligence cases.

Unfortunately, it is quite difficult to receive financial compensation when dealing with the intentional acts. Many of the insurance companies will not offer coverage for the premeditated acts. Even so, when there is an injury that appeared because of a multitude of causes, we can be faced with receiving compensation. As an example, when the private daycare school is contacted, it is responsible for the well-being of the children. They need to be careful and protect the children from the third parties, even if the incidents are intentional. When strangers molest children, the act is intentional but if a school is where the molestation happens, it is liable for compensation.

The most common of the intentional cases are battery, child abuse, character defamation and assault. Criminal acts that have claim basis are very hard to deal with for personal injury claims. Law firms are normally needed to help.

When looking at the negligence cases, the injury simply happens just because someone was negligent. When this is the case, litigation happens and a personal injury claim can always appear. The problem is that the negligent party can also win the case when it is possible to show that defendants should have exhibited rational care.

You may think that when you were injured by a third party it is really easy to prove that you are entitled to financial compensation. This is rarely the case. There will be many that will be involved in the process, ranging from the person that caused the incident to the insurance companies that will do all they can in order to guarantee a small payment amount.

At the end of the day, whenever it is recommended that you work with a personal injury attorney, you have to be sure you will find those that are the best, based on the situation you are faced with. Never work with the first ones that contact you. Just hire those that are the best and that can help you get all the money you should receive.