Legaleagle007's Blog

Indecent assault of minor children

legaleagle007 — Thu, 13 Aug 2009 04:11:09 +0000

I am currently defending a 70 year old man who is being accused of the indecent assault of a boy and a girl, in that he touched their private parts.

I have known this gentleman for a few years as I am a friend of his son. And, despite hearing several rumours that my client is a sexual predator of minor children, I have never believed the rumours.

We are busy with the trial and I had to cross-examine the children, because we need to establish the truth of what has happened. But after hearing their testimony, I am no longer convinced about his innocence. My client maintains that he is innocent, and that the children has fabricated the story against him.

This now leaves me with an ethical predicament. I do not believe that he is innocent. I can not, for the life of me, see any reason why the court will find that my client has not committed the crime. On the other hand, I have the family of my client who needs my assistance. They realise that the chances are good that their father and husband will be convicted of the crime, but on the other hand we know that, if he is sentenced to direct imprisonment, he will surely die.

I am the father of a 14 year old son, who means the world to me. I know that if someone did this to my son that I will commit murder as I will not be satisfied with imprisonment as a punishment. I am convinced that crimes of this nature deserves only one punishment, and that is death.

We are continuing with the trial today, and I am doing so with a very heavy heart.

Care for your children!!! And do not abandon them and leave them to their own devices, because there is sick adult men out there who will abuse your children.

Sexual harassment in the workplace

legaleagle007 — Mon, 20 Jul 2009 04:13:14 +0000

Sexual harassment in the workplace is not allowed in the workplace, and there exists a duty on each and every employer to make sure that it does not happen in the work environment, alternatively the employer must at least take disciplinary steps against the person who makes himself/herself guilty of sexual harassment.

Sexual harassment can be committed by either a male or a female, and against a female or a male. It can be committed by any person person in the workplace, irrespective of ranking or standing within the company or the business.

The question we should ask ourselves is: “Am I or have I been guilty of sexual harassment?”

If taken into consideration that several acts can constitute sexual harassment, such as calling your secretary “lovie”, or by giving a hug to a fellow-employee, or by touching a female’s butt or breast, then we have to realise that such conduct can have very negative consequences, notonly for the offender, but also for the employee.

Not all acts, similar to what I mentioned above, will constitute sexual harassment, because it will depend on the merits of each case, such as the intentions of the offender, the nature of the relationship between the offender and the victim.

Unfortunately, as with any other offence or crime, sexual harassment claims can also be used as a tool to damage someones, being a fellow-employee or supervisor or even the boss, reputation. People tend to pronounce the verdict of guilty the moment a charge is laid, without knowing all the facts.

Are you concerned that you might have been guilty of sexual harassment? Have you ever been wrongfully prosecuted on trumped -up charges? Share your experiences if you want to!

Sentencing Rape

legaleagle007 — Mon, 20 Jul 2009 03:46:50 +0000

Recently the Supreme Court of Appeal confirmed a sentence of 18 years imprisonment on a charge of rape. Compelling reasons were present for not sentencing the accused to life imprisonment.

In this particular matter, the accused was a 37 year man, who raped his 15 year old cousin.

Unfortunately, no matter the sentence that was handed down, the victim has to live with the memories for the rest of her life!!