CRJS 205 Introduction to Criminal Law Essay Example | Topics and Well Written Essays - 500 words

CRJS 205 Introduction to Criminal Law - Essay Example The client in this context is a victim of a sexual assault and she can sue the offender. However, the decisions (jail term and damages) that will be made by the jury in the criminal and civil courts will depend on the state’s statutory rape laws. When a client decides not sue the offender, the sex crime kit is usually kept for a certain period within which the victim can report to the law enforcement. In West Virginia, the sex crime kit or the evidence is stored for 18 months if the victim does not initiate an investigation. However, after 18 months the evidence is destroyed or used for research purposes or used for training; this is done after the removal of identifying information (West Virginia Foundation for Rape Information and Services [WV-FRIS], 2008). It is important to note that evidence is required if the victim desires to sue the offender. If the client has evidence, she can sue the offender for sexual assault of the first degree if sexual intercourse and bodily harm were inflicted or sexual assault of the second degree is only sexual intercourse occurred. If found guilty of first-degree sexual assault, the offender can be â€Å"imprisoned in the penitentiary between 15 and 35 years or imprisoned in the penitentiary between 15 and 35 years and fined between $1,000 and $10,000† (The Lectric Law Library, 2012). If found guilty of second-degree sexual assault, the offender can be jailed in the prison between 10 and 25 years or jailed in the prison between 10 and 25 years accompanied with a fine between $1,000 and $10,000 (The Lectric Law Library, 2012). In addition to criminal prosecution, the victim can file a civil suit with the help of a private attorney in a Civil Court. If the victim wins the civil lawsuit, the court orders the attacker to pay money for the damages caused (the damages include loss of income, suffering, pain, and medical expenses). Punitive damages are also available if the victim does