Legal Question in Criminal Law in District of Columbia
Criminal case and civil suit
My friend was raped 3 years ago. The rapist was caught a few weeks ago. He committed 16 burglaries, 3 assaults and 1 rape that are confirmed. He smashed in her face, and she is having her 5th reconstructive surgery soon. With DNA evidence and a positive ID in a lineup, the asst DA has opted to have him get 11 months home confinement for ratting out some higher ups in his suburban ''gang.'' His dad is loaded but won't help his kid. Now, my friend -- with $74,000 in medical bills even with insurance (after 18 days in the ICU) -- is told she cannot sue him because he has no assets (since his father is keeping his distance). Is this legal? Can she not get her bills repaid by his family, who are prominent Republicans in NW DC? Can a rapist really get away with this? I'm curious to know what the rule of law really is now that the ''overworked'' asst DA has given him 11 months of home arrest.
3 Answers from Attorneys
Re: Criminal case and civil suit
The family of the alleged (or convicted) rapist
cannot be legally required to pay to the victims the civil damages which they have incurred from the crimes committed against them by this rapist.
Re: Criminal case and civil suit
One can still file a civil suit, even though the defendant does not presently have any assets. A judgment for damages can still be entered against a defendant, and it can be enforced against his future assets. Without knowing all the specifics, it is possible that this "prominant Republican" family may have their son's future assets tied up in a trust account, and he will not receive them until some contingency occurs in the future. Whether by trust, inheritance, or just by having a legitimate job, this guy will likely have SOME income or assets in the future for your friend to collect a judgment (at least in part). The problem still exists that this does not provide any immediate monetary relief to your friend, and in fact, may put her further in debt to an attorney to represent her in a civil suit.
If I were this victim's friend, I would start calling victim's advocacy groups to see if they have lawyers who may be willing to represent your friend for little or no cost. Even some normally high priced plaintiff's attorneys may be willing to take the case (even if your friend can't pay) if it is likely to be a high profile case -- against the criminal son of a prominant Republican family in DC, it very well may be. I encourage you to talk to a number of civil attorneys in DC about taking this case.
I wish you and your friend the best of luck. Feel free to email me if you would like to discuss further.
Kind regards,
Sarah
Re: Criminal case and civil suit
One can still file a civil suit, even though the defendant does not presently have any assets. A judgment for damages can still be entered against a defendant, and it can be enforced against his future assets. Without knowing all the specifics, it is possible that this "prominant Republican" family may have their son's future assets tied up in a trust account, and he will not receive them until some contingency occurs in the future. Whether by trust, inheritance, or just by having a legitimate job, this guy will likely have SOME income or assets in the future for your friend to collect a judgment (at least in part). The problem still exists that this does not provide any immediate monetary relief to your friend, and in fact, may put her further in debt to an attorney to represent her in a civil suit.
If I were this victim's friend, I would start calling victim's advocacy groups to see if they have lawyers who may be willing to represent your friend for little or no cost. Even some normally high priced plaintiff's attorneys may be willing to take the case (even if your friend can't pay) if it is likely to be a high profile case -- against the criminal son of a prominant Republican family in DC, it very well may be. I encourage you to talk to a number of civil attorneys in DC about taking this case.
I wish you and your friend the best of luck. Feel free to email me if you would like to discuss further.
Kind regards,
Sarah
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