Legal Question in Appeals and Writs in Pennsylvania

Plaintiff appeal in rape/sexual assault
In the year 2007, a woman I know (currently, but not at the time of the incident) was raped pretty brutally. She sustained some pretty bad injuries during the assault and required surgery.

The criminal case was taken to trial in front of a judge (with no jury). The rapist was convicted but only was sentenced to a halfway house and work release. However, I understand that the judge in the first trial stated that the woman could appeal if she was still having nightmares about the rape one year later; needless to say, she still is and is terrified.

During the first trial, some important testimony that I feel should have been brought up was not presented. Important arguments were not made. The surgeon that helped her recover was out of town at the time.

With this in mind, is it legal for this woman to appeal the decision and try to get a jury trial? She says that she really wants to, and I understand that the judge in the first trial said it was possible for her to appeal under a certain circumstance. However, I am not sure if this is the case. Can this woman appeal the decision and try to get a jury trial? If so, what has to be done for that to happen?

Asked on 10/21/08, 8:23 pm

Brian Zeiger Levin & Zeiger LLP

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Re: Plaintiff appeal in rape/sexual assault

she cannot appeal. she can sue him.

Answered on 10/21/08, 9:11 pm

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