A man will not be prosecuted for beating the pedophile who raped him as a child. He was mistakenly placed in the cell with the man who raped him 13 years earlier.
Okay legally, how can he not be charged, even though morally, it seems fair?
There are times when one cannot be held accountable for one's actions, due to "Extreme Emotional Distress". It is the legal defense used most commonly in "Crimes of Passion" and I suspect that the DA in this case sees it as a valid defense and has chosen to forgo the cost of trying a case he has little hope of winning, especially when the defendant is already serving a fair stretch of time for unrelated charges.
Posts: 2255 | Location: Western United States | Registered: 06-03-02
Thanks MrsS, but I still don't understand why no charges would be filed. If that's the case, then it seems like everybody can go after people that did crimes against them, and no charges would be filed. Sorta like an eye for an eye. I can't see the legal standpoint, although the moral side is crystal clear.
Posts: 6723 | Location: Land of Lincoln, USA | Registered: 07-04-02
Because if the State does pursue charges, then the state will be sued for putting a victim with the suspect - that makes for some embarrassing questions.
So no charges for murder may be a plea deal for no suing.
It is my understanding that this sort of thing, bargans for no media or suing is made with prisoners in many instances.
David
Posts: 4018 | Location: Leaving land, heading for the ocean | Registered: 06-03-02
It's something like the battered women's syndrome, Honi. Maybe the victim reasonably believed that he was in danger. Maybe his previous experience with his abuser created an uncontrollable rage. Not guilty by mental defect, something like that. And what David said. It depends on the case, but there are some crimes a prosecutor knows better than to try.
Posts: 4621 | Location: Rochester, NY, USA | Registered: 06-03-02
I don't know the motivation of the victim beating his prior assailant, but I do know that emotionally, he could have been afraid as earlier suggested. A childhood (or any other sort for that matter) traumatic experience often makes pathways of responses that are not often even known about much less understood by the victim.
Of course, he could have simply beat the crap out of someone who hurt him as a kid. Who knows.
Personally, I don't blame him at all.
Posts: 9142 | Location: PA, USA | Registered: 06-05-02
