Is this the same as writers block but on a smaller and less financially damaging scale? I have woken this morning with my mind completely devoid of anything even remotely interesting to impart here. My usual sources of inspiration have failed to ignite any interest in me what so ever and nothing has happened North of the border here worth mention.
Normally, verbose as I am, I don't have time to post everything that's in my mind but today what I can only call 'bloggers block has set in and any inkling of verbosity has deserted me.
Perhaps the fact that we went to bed at 04.00 has had an impact on my powers of thought. PG and I got into a 'heated discussion' regarding whether the rapist Iorworth Hoare should be forced lawfully to spend his recent lottery win of £7 million on projects to help victims of rape. It's a difficult one this,I think that morally (do rapists have morals?) he should feel obliged to at least donate some of his good fortune to those who's lives he damaged so brutally. Had he had the means at the time of his trial he would have been ordered to pay compensation. PG on the other hand supports the opposing view in that his sentence was set at the time of trail knowing he could not make financial recompense for his crimes and consequently reflected that. When his custodial sentence is complete that should be his dues to society and his victims paid.
It seems the government are going to legislate on the matter soon anyhow and at least not allow offenders or their families access to any such future wins during the term of their sentence.
I'm still divided on this one..........any thoughts?
Thursday, 12 August 2004
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6 Comments:
It must be catching or the time of year - I have felt a bit at a loss for something to blog about too - except spiders of course! I used to do a lot of my 'internal blogging' on my journeys to and from work, which I am not doing any more.
No block on the words, but I'm feeling kind of down. I haven't shot any pictures of interest on my days off. Heck, I haven't picked up my camera for two days. I'm supposed to be about words and "pictures". Too much work and not enough art.
Do the victims have legal recourse to sue for damages?
Jenny: same here, since I began only working two days a week I don't have the time traveling to muse of what I might post.....odd that we do that while we drive, kinda worrying too! lol
beFrank....sorry I think I spelt your name incorrectly in my comment earlier.
I can't imagine you haven't even picked up your camera for two days, we all get 'down' times I suppose but hopefully you will bounce right back....like you say...to much work of late maybe, you have certainly seemed to have a hectic few weeks.
Can the victim sue for damages?
Yes... at the time of the crime being committed against them but I'm not sure for how long afterwards. I know I have at least one reader who is qualified to answer that question so maybe that person would care to help us out?? :o)
Dan: Thanks for the comments and excuse my ignorance and lack of sleep but I'm slightly lost on the 'lifer' part.
It's not a pretty read but then that's not what it's about....some aspects of life are extremely un-pretty sadly. I will visit you often :o)
Well I think my cred has been overplayed a little! Michael Mansfield I'm not...
However, my understanding would be this:
Firstly, rape is an offence under the criminal law as opposed to civil law.
This means that a person charged with this offence would be dealt with by a criminal court automatically. However, there may be civil assault offences which could be proffered as an alternative.
One principle of English and Welsh law is that of 'double jeopardy' - a person can't be tried for the same offence more than once. (Hotly debated and constantly under review... don't ask me the state of play at the moment - I have taken my eye off that particular ball - sorry)
So consequently the offender would only ever be tried in one court - usually the criminal court because the evidence is usually investigated by the police who take cases to criminal trial and because ultimately a custodial sentence is the priority.
Criminal courts can impose sentencing when there are findings of guilt and that may include some element of compensation to a victim.
However the principle purpose of the court's sentence is to protect the public and rehabilitate the offender. The civil courts, on the other hand, may invoke sanctions aimed at returning the complainant to the position they were in prior to the offence being committed i.e. making good financial loss, instructing employers to offer 'dismissed' employees re-employment etc. This is difficult to quantify in the case of a rape victim.
So criminal courts can impose imprisonment as a penalty and the civil court can't. Hence, rape cases go to criminal courts and the awarding of compensation is usually nominal.
Any legal beagles with better knowledge, please feel free to correct or clarify this post - I'm having a best guess...
Thank you for that anon....I knew I could count on you! :o) and beFrank...there's ya answer.
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