DOUBLE WHAMMY
India Legal|October 3, 2022
An lowa court judgment ordering a teen victim of rape to pay $1,50,000 to her rapist's family has brought into focus restitution law, which activists call harsh. In India, courts have often sided with the victim
Advocates Saju Jakob, Lily Thomas Jr and Mili Verma
DOUBLE WHAMMY

IN the last two weeks, huge protests have erupted over a shocking judgment by a US court. In the case, a trafficked and raped teenager was ordered to pay a compensation of $1,50,000 to her rapist.

The court in question, in Iowa, sentenced the 17-year-old girl in the second week of September 2022 to five years of probation for stabbing her she was rapist to death. Additionally, ordered to pay $1,50,000 to the tormentor's family. This judgment shook many people globally as it was inconceivable that the Des Moines Attorney's office would try a teen sex slave for murder admittedly for killing her tormentor out of vengeance.

Matthew Sheeley, one of attorneys, argued that her actions were directly linked to her status as a victim of human trafficking. Arguing against the requirement that she pay the deceased's estate, he told the judge: "I don't think the Iowa legislature intended to require a 15-year-old girl to pay $150,000 for her rapist's estate." But the trial court was of the opinion that the Supreme Court of the concerned jurisdiction upheld the restitution law when it was challenged earlier before the appellate court. According to the judge, the verdict gives the victim a second chance. Many observers around the world, however, felt the restitution clause was unnecessarily harsh.

Denne historien er fra October 3, 2022-utgaven av India Legal.

Start din 7-dagers gratis prøveperiode på Magzter GOLD for å få tilgang til tusenvis av utvalgte premiumhistorier og 9000+ magasiner og aviser.

Denne historien er fra October 3, 2022-utgaven av India Legal.

Start din 7-dagers gratis prøveperiode på Magzter GOLD for å få tilgang til tusenvis av utvalgte premiumhistorier og 9000+ magasiner og aviser.

FLERE HISTORIER FRA INDIA LEGALSe alt
PIL, Difficult To Swallow?
India Legal

PIL, Difficult To Swallow?

In a recent ruling, the Bombay High Court lamented the increasing number of frivolous public interest litigations being filed in courts and echoed the sentiments of the Supreme Court that such litigations are the bane of the judicial system. Is there any way to restrict their misuse?

time-read
6 mins  |
February 13, 2023
Till Infertility Do Us Part...
India Legal

Till Infertility Do Us Part...

The Calcutta High Court slammed a husband for initiating divorce proceedings due to his wife's infertility and asked him to be a pillar of support for her. Courts have often taken an empathetic view in such matters

time-read
4 mins  |
February 13, 2023
IS THAT LEGAL?
India Legal

IS THAT LEGAL?

Ignorance of law is no excuse. Here are answers to frequently asked queries regarding matters that affect us on a day-to-day basis

time-read
3 mins  |
February 13, 2023
The Big Lie
India Legal

The Big Lie

In America, The Big Lie is an idiom used by Donald Trump's opponents and the media to describe his constant gripe about election fraud. Now, it seems more suited to another Republican, Congressman George Santos (right), who has been facing growing calls to resign after he admitted fabricating parts of his resume and biography since his election in New York last year.

time-read
1 min  |
February 13, 2023
Flying into the Sunset
India Legal

Flying into the Sunset

Over 50 years since the first and original jumbo jet, the Boeing 747, took to the skies and revolutionized air travel, the last of the legendary aircraft (right) was delivered to a freight charter company, bringing down the curtain on one of aviation's most successful products.

time-read
1 min  |
February 13, 2023
Star Crossed
India Legal

Star Crossed

Actor and producer Alec Baldwin is a Hollywood legend, having starred in a range of movies, award winning TV sitcoms, and theatre. He was most recently seen in Mission Impossible Fallout, which is an apt description of his current situation.

time-read
1 min  |
February 13, 2023
Walkouts in the UK
India Legal

Walkouts in the UK

An estimated half a million workers have gone on strike, shutting down thousands of schools, public transport and border disruption. It is the biggest day of industrial action for more than a decade.

time-read
1 min  |
February 13, 2023
Myanmar's Misery
India Legal

Myanmar's Misery

Two years after the military coup ousted the elected government led by Aung San Suu Kyi, the brutal crackdown by the junta on so-called \"insurgents\" and civilian protesters has reached a new level with the use of air strikes, a new and deadly tactic in the ongoing civil war.

time-read
1 min  |
February 13, 2023
AMERICA'S ANGST
India Legal

AMERICA'S ANGST

From messy, divisive politics to a series of mass shootings, and now black officers brutally beating another black man to death as seen in bodycam videos, America's domestic convulsions are cause for serious introspection

time-read
4 mins  |
February 13, 2023
JUSTICE LEAGUE
India Legal

JUSTICE LEAGUE

There are few judicial appointment procedures in the world that are completely bereft of the overarching presence of either the executive or the legislature, or both. In the end, the judge is left with all the powers vested in him/her by the constitution to uphold the rule of law, within an atmosphere of external influences

time-read
9 mins  |
February 13, 2023