| Philip Seldon |
| Philip Seldon Judgement New York, New York |
| 24th of Apr, 2011 by User285909 |
| Seldon has many judgements against him and is currently using corporate shell companies to avoid a judgement against him already approved by the courts. Check New Jersey and NYC court records. If you have information regarding this person, please contact Andrew Spinnel, attorneyl in NYC so justice can be served. |
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| http://docs.justia.com/cases/federal/district-courts/new-york/nysdce/1:2009cv06163/348885/17/ |
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| http://www.leagle.com/xmlResult.aspx?xmldoc=in%20njco%2020100701218.xml&docbase=cslwar3-2007-curr |
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| I have purchased privat tutoring lessons online using my Sams Club Discover credit card. After finding out that it was a scam, I tried contacting the merchant who refused to listen to me and threatened me with legal counsil. I contacted GE Money Bank and they assured me that they would dispute it and credit my account for the amount. 90 days passed and nothing has been done by the Bank, They have sent me a letter stating they cannot do anything about the dispute. When calling them on the phone the reps are all not nice, and the supervisors are even worst. They told me that If i am not satisfied with the decision I can write the bank itself, but that there was no one else that I can talk to. Its very frustrating considering that throughout the 90 days that I called them they would tell me everything is fine and the dispute is still being worked on. and this is not the bad part they sided with the merchant after the merchant sent them forged receipts and paperworks!!! I have tried on many different occasions to tell them that without any luck, No one at GE Money bank want to listen!!! Dont open up a credit card throught them, better off going with any other bank or credit card but not Sams Club Discover, and definately not GE Money bank! |
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Bob Fitzgerald is a wife beater and child abuser Ormond beach, Florida
11th of Aug, 2011 by User867900
I am Rebecca D and I lived with this man for 14 years. I begged my mom to leave him because while he would babysit me he threatened to kill my father and me and my mom if I didn't do what he said. he threatened to kill my mom Marcie D and I heard them fighting him yelling at her if she ever left him he would kill both of us. Finally my mom pressed charges and stuck to her guns when he put her in the hospital, I was so scare when I saw the bruses he left on my mom I cried for weeks. I have the case number for the Permanent Restraining Order against him to protect not just my mom but me also. case # 2009-30747FMCI. I feel safer now that we have a restraining order against him and he is just continuing to harass me and my mom now through the internet. I pray he leaves us alone. |
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| JPMorgan Chase Bank (ABC co.) Majda Jarovic General Manager in Prescott, Arizona; committed unlawful acts when instructed by (VP Northern AZ District Chase) Kathy M. Welsh to retrieve $4, 000 from Earl Harris.Kathy M. Welsh, not wanting to work with "Corp" JPMorgan Chase Bank, took upon herself to Refuse Earl Harris his money from his Checking account at Chase Bank in Chino Valley, Arizona. Kathy then, according to Phone records, called every Branch in 100 mile radius to Refuse Earl Harris his Funds. After Earl Harris was approved and was released his funds, Majda Jarovic instructed Karen(Prescott Chase Bank Employee) to go after the money. Karen then approached and opened Earl's Car door, outside Chase Bank, and instruced him to come back inside the bank. Earl Harris was already stunned by this act, but yet agreed to go inside the Bank again. After 15 minutes of no communication and being held, Earl Harris had enough and left Chase Bank and walked across Miller Valley Rd.(Prescott, AZ) to WellsFargo to continue normal Business. Majda Jarovic and 6 other Employees Chased Earl into WellsFargo. Majda Jarovic Screamed "Earl just Robbed my Bank" in front of 30 customers & 20 WellsFargo employees. She then Yelled "Help Me, Help Me, He Stole my Money, Tackle Him Now". At that instant 2 Men Jumped at Earl Harris and Threw him to the Ground.Remember in Arizona there are problems in the News about Tucson Shootings and Border Problems with the Country Mexico. So in a State, like Arizona, We are allowed to carry Guns on our Hips, in Public. This is good normally cause we can nip Criminals in the bud if bad situations occur, but in this case, Earl is innocent and had no Gun. When someone yells "Robbery" people get Shot, People Die!!!Earl Harris was fearing for his Life. WellsFargo Manager took over the situation and asked the people to stay calm and asked the 2 men to withdraw their actions from Earl Harris. As they did, Majda Jarovic Grabbed Earl, by the Arm and said "You are going to Jail". Earl at this time took his arm back, and backed into a corner in the bank. He began to pull out his receipt and Money and said"Lady You are Crazy, Something is seriously wrong with You and Chase Bank, I have my Receipt, this is my money". WellsFargo helped by Telling Majda Jarovic of Chase to leave, she was not welcome and not a customer. Majda Jarovic then held the doors Shut, refusing to leave without Earl and would not let anyone in WellsFargo or out of WellsFargo Bank. Nervous as Earl Harris, he chose to leave the Bank to get away from Majda. Majda Jarovic then started Chasing Earl again, Pulling his Shirt down and Threatening him "I am following You where ever you go". Earl responded with "You better get ready to Run, Girl". Earl then yanked his shirt from her hands and booked it for 2 miles down the street. Majda Jarovic and 3 other Chase employees jumped in a Silver Truck and started Chasing down Earl Harris, which was running by foot. After running down 3 streets, 4 Prescott AZ Police officers found Earl Harris, pulled out Guns and asked Earl to put his hands up. Finding no Gun, Police handcuffed Earl and placed him in the back of one of the Caged Police Car. Then all 5 officers drove Earl to Chase Bank. This is the Call that Majda Jarovic made to the Police Dept. She called and said Earl assaulted Chase employees and was fighting inside Chase Bank. When approached by the Police enforcement about her actions, she said "Earl didn't assault anyone, I had to call in an assault to get the Police here". She continued "Earl has Fraud Charges". Police officer says "Where's your Proof?". They both called Fraud Dept in Phoenix, AZ. Fraud Agent got on phone with Police Officer and says "I don't know why the Police was called, Earl has a clean Record and no Flags, Earl is conducting normal Business as always". Police officer hangs up and leaves Chase Bank to approach Earl Harris, in the back of the Police car. They uncuff Earl give him all belongings, Money and Receipt. Told him that there will be a report, instructed Earl never to return to Chase. All the Police Officers said that they have never seen this type of behavior before and said to never enter a Chase Bank again.Kathy M. Welsh had instructed Majda Jarovic that if she didn't retrieve the money, she would be fired. Majda Jarovic took any and every action to get the money back. Even if it meant, Lying to Police, and Hunting Earl Harris down, Yelling "Robbery in Progress", Assaulting Earl Harris, Claiming False Fraud allegations, infringing Public Embarrassment on Earl Harris, and causing Future Failure to Earl Harris Business and Future incomes - all in the name of JPMorgan Chase Bank (ABC). |
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cupid.com flirt.com, benaughty.com, iwantu.com, Irinafun.com, they you delete then charge you. New York, New York
Dear member, Thank you for contacting Customer Support.
We have received a notification from your card issuer stating that you have signed a disclaimer stating that you did not authorize or participated in this charge.
Your card issuer has debited the disputed amount to us.
In these circumstances we must cancel any further payments and delete
your profile from our database without the right to be restored.
Please accept our apologies for any inconvenience.
Best regards,
George Fay
Customer service this is what i got back. they charged me after they deleted my profile for blocking a fake profile(spammer) i guess i blocked them, and they didn't like that.my profile was already deleted, so how do they have any of my information?? do not join any of these sites!!! |
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Revenge 101: Don't Get Mad, Get to Class : New York: Night school offers instruction on striking back. But don't forget libel insurance. You might want to get a lawyer lined up now.
October 01, 1995|ELLEN WULFHORST | REUTERS
Want to get revenge on a cheating spouse? Wash his underwear with fiberglass and give him a really nasty itch.
Sick of lousy service? In place of a tip, leave a few drops of a chemical so foul-smelling the restaurant will have to close for weeks.
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Need more ideas for getting back at a noisy neighbor, a nasty co-worker or a no-good girlfriend? Try taking a night school course on "Getting Even" offered in New York, where turning the other cheek is unsatisfying and forgiving and forgetting is no fun.
The class is taught by seemingly mild-mannered Philip Seldon, a food and wine expert by trade. Seldon is a man to be handled with kid gloves, who by his own account has exacted revenge on business rivals, neighbors and even bullies from his childhood.
His philosophy - and the reason he says he offers the class - is that revenge is a healthy cure for anger. "A great way to get it out of your system is to plan to get even, " he said. "You can go to sleep with a smile on your face because that person is going to wish they never met you."
Some students at a recent class looked determined to follow that advice. One was a bearded man who would say only that he wanted to hire some women to help him humiliate someone who had done him wrong. Another was a wild-eyed woman who complained of losing a lot of sleep and some of her sanity from living over an unrepentantly noisy restaurant. Three women in the back row, apparently more light-hearted types, insisted they were taking the class as a lark, but their eyes lit up at suggestions on how to settle scores with ex-beaus.
None of the students was willing to reveal a name.
Tops on Seldon's list for getting revenge is printing up posters or handbills, which he says are largely protected under freedom of speech laws, denouncing the offender. Stick to the facts and use only descriptions such as "screwball" - which he contends is libel-proof because no one can say what it means. Whether a judge or jury would agree with his legal interpretation is, well, subject to interpretation.
He also offers a list of insults to be spat out at the deserving and the telephone number of a company that sells the malodorous chemical for clearing a building in seconds. And he suggests planting tidbits about business rivals in local gossip columns--truthful tidbits, presumably, to avoid libel laws--or informing authorities if someone cheats a bit on his or her taxes.
Send every stitch of an unworthy mate's clothing to the dry cleaner - particularly one across town. Complain to the sanitation department about recycling at your apartment building and even the most tidy landlord is likely to get slapped with a fine.
Seldon says he emphasizes revenge that stays on this side of the law. Letter bombs are out, sending pizza deliveries is a no-no and signing someone up for junk mail is taboo. No changing someone's door or drawer locks and no smearing a windshield with petroleum jelly either. And that malodorous chemical? Hmmm...
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"Some things he told us not to do I've already done, " confided the woman waging war with the restaurant downstairs. "So I'll be a little more cautious."
But since even the best-laid plans can go awry, Seldon can also suggest the name of an insurance company that offers coverage against libel.
Exacting revenge requires biding your time, planning carefully and staying closemouthed, Seldon stresses. And not all problems can be solved by revenge. One woman was visibly crestfallen by Seldon's complicated suggestion that she trap her ex-husband with another woman and videotape the affair.
"Everything else I can think of with ex-husbands is illegal, " Seldon admitted. "That's the problem with a lot of things." |
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SEXUAL HARASSMENT FAIR HOUSING LAWS
Sexual harassment is against the law. Sexual harassment is a form of sex discrimination that involves unwelcomed sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
* Submission to or rejection of such conduct is made either explicitly or implicitly a term or condition of housing, or
* Submission to or rejection of such conduct by a person is used as a basis for housing decisions affecting that person, or
* Such conduct has the purpose or effect of unreasonably interfering with an persons housing rights or creates an intimidating, hostile, or offensive work environment.
**The above definition emphasizes that housing harassment, to be actionable as abusive, need not result in concrete psychological harm to the victim, but rather need only be so severe or pervasive that a reasonable person would perceive and the victim does perceive, the housing environment as hostile or abusive.
The Fair Housing Act prohibits discrimination on the basis of sex in the sale or rental of housing. The Fair Housing Act applies to all housing except:
* Owner occupied housing that contains 4 or less units of housing;
* Single family dwellings sold or rented by housing providers who own less than 4 such dwellings.
SEXUAL HARASSMENT: TYPES
A. Quid Pro Quo or this for that
This type of harassment occurs when a housing provider seeks sex or sexual favors in return for housing rights. Examples of such would include:
* A landlord terminating the lease of a female tenant who refused to have sex with him;
* A landlord refusing to do the repairs of a female tenant who refused to have sex with him;
In quid pro quo claims, it is not necessary for a housing provider to explicitly threaten eviction action when he or she made sexual demands. There only needs to be an adverse action following the refusal and a relationship between the harassing behavior and the adverse action show.
In order to make a claim of quid pro quo harassment, the following criterion must be met:
* You must be a member of a protected class;
* You must have been subjected to unwelcomed sexual advances;
* The unwelcomed sexual advances were due to your sex;
* You rebuffed the advances and were retaliated against in an adverse manner;
* Owner knew of or should have known of the harassment of his agent and failed to take action to stop it.**
B. Hostile Housing Environment
This type of sexual harassment takes place when unwelcomed sexual advances create an hostile, intimidating, or abusive environment or has the effect of impeding a tenantÌs housing rights. This may occur when a landlord makes unwanted sexual advances or touches a woman in a sexual manner when she does not want him to.
CASE LAW: New York v. Merlino, 694 F. Supp. 1101 (S.D.N.Y. 1988)
Court validated claim of female customers that real estate broker subjected them to unwanted physical touchings and suggestive comments.
Beliveau v. Cara, 873 F. Supp. 1393, 1395 (C.D. Cal. 1995)
Court found that the landlord activity of making off-color remarks, grabbing her breasts and buttocks, and putting arm around her created a hostile housing environment. In addition, the court stated that any touching would support a sexual harassment claim under the Fair Housing Act.
In order to bring a hostile housing environment case the following criterion must be met:
* You must be a member of protected class;
* You must have been subjected to unwelcomed and extensive sexual harassment in the form of sexual advances, requests for sexual favor, and other verbal or physical conduct of a sexual nature, which has not been solicited or desired and which is viewed as undesirable or offensive.
* The sexual advances or harassment were based on their sex;
* The sexual advances or harassment makes your tenancy burdensome and significantly less desirable than if the harassment were not occurring;
* The owner knew or should have known about the sexual advances or harassment and failed to stop it.
A court will review the following factors in deciding whether or not a plaintiff has proven all elements of her claim. Some of the factors are:
* The frequency of the unwanted sexual behavior;
* Its severity;
* Whether it is physically threatening or humiliating, as opposed to a mere offensive utterance;
* Whether the conduct resulted in psychological harm, although a woman does not have to prove psychological harm in order to prove that she was subject to a hostile environment.
While one act can establish quid pro quo claim, most courts have ruled that a series of harassing acts are need to establish a hostile environment claim.
SEXUAL HARASSMENT - PARTIES
A. Aggrieved Parties
Any person who has been sexually harassed in connection with their housing - apartment, house, homeless shelter, or trailer - has a right to file a sexual harassment claim. An aggrieved person is any person who:
* Claims to have been injured about a discriminatory housing practice;
* Believes that such person will be injured by a discriminatory housing practice that is about to occur.
An injury may be tangible or intangible. Moving costs or higher rent for alternative housing are examples of tangible injuries. Examples of intangible injuries would include loss of housing or school choice and humiliation.
B. Respondents
Any person who participates in the sexual harassing activity can be named as a respondent or defendant in a sexual harassment claim. It is important for housing providers to note that because they are responsible for making sure that fair housing laws are complied with, they can be held liable for the sexual harassment of agents or employees even if they did not participate in the behavior.
SEXUAL HARASSMENT - WHERE TO FILE COMPLAINTS
A. Administrative Agency
You may file an administrative complaint with HUD or your state fair housing agency (i.e. Ohio Civil Rights Commission) within one year of the discriminatory activity. Advantages of this process are minimal costs, free legal representation, specialized judges or hearing officers, and speed.
The investigating agency will attempt to reach a settlement agreement between the parties. However, if one cannot be reached an investigation will be conducted resulting in a charge or a dismissal of the claim. If the claim is dismissed, the aggrieved parties may still bring an action in court. If the claim is not dismissed and a charge is issued, the parties have the right to elect whether to have the complaint heard by an administrative law judge or heard in court.
B. Court Action
You may file in federal court within two years of the discriminatory and sexually harassing behavior. The two year period does not include the time that you may have spent participating in an administrative action. The advantages of filing in court are broader relief-punitive and actual damages, attorney fees, jury trials, time to file, etc. Disadvantages to filing in court are costs, time consuming, less flexible proceedings, and potential for hostile or interested/inexperienced fair housing knowledge judge.
1. Remedies Available
* Actual damages to make you whole again;
* Punitive damages for intentional discrimination;
* Injunctive relief to stop behavior or keep you from losing your housing;
* Attorneys’ fees and costs to prevailing party (at court’s discretion).
C. Police Action
If you are sexually harassed by your landlord, you may want to file a report with your local police department. In 1995, the Toledo Police Department assisted in the investigation of a sexual harassment case. Tamara Ransford, a single woman, contacted the Fair Housing Center of Toledo, which contacted the Toledo Police Department. The police department agreed to equip Ransford with a wireless microphone and set up another visit to the complex.
The Center provided Ransford with a security deposit and, in cooperation with the Toledo Fair Housing Center, sent her back to the complex. Police monitored the conversation between Ransford and the manager, Kenneth Canda. When she left the office, the police arrested Canda on a charge of importuning (persistent unwelcomed requests for sexual favors). Canda later plead guilty to a reduced charge of indecent exposure.
Central Management Company, Canda’s employer, agreed to pay $50, 000 plus attorney fees to the Toledo Fair Housing Center and Ms. Ransford in order to settle the complaint.
D. Private Fair Housing Organizations
Contact your local fair housing group for assistance dealing with your situation. The fair housing group can inform you of your rights and responsibilities under fair housing laws, take your complaint, conduct an investigation, assist you in filing an administrative complaint, refer you to an experienced fair housing attorney, etc.
SEXUAL HARASSMENT - HOW PARTIES MAY PROTECT THEMSELVES
A. Landlord Action
In order to minimize the potential for being hit with a sexual harassment complaint or potential damages, housing providers should take the following steps:
1. Establish a sexual harassment policy
A. Policy should be explain what behavior is unacceptable and what the penalties for violations are.
B. Know what sexual harassment is, how it happens, etc.
2. Inform employees of the established policy prohibiting sexual harassment.
A. Post in office and provide copies to all employees.
3. Monitor compliance and respond swiftly when complaints arise.
A. Take action when you hear off-color remarks, if sexually oriented materials are brought into the workplace or work environment, etc.
B. Review policies with employees at least once a year.
4. Employ a gender diverse employee base.
A. Have both males and females on staff. This should discourage a good ol’ boy or girl work environment where persons may feel free to make certain statements, etc.
5. Do not have a reputation for permitting sexual jokes, inappropriate comments, innuendoes, or touching.
6. Do not permit sexually suggestive visuals or objects to be brought into the housing management/maintenance environment. These may create potential for a complaint, do not reflect a professional image, and contribute to an offensive, hostile, and intimidating environment. In addition, these items may be used as evidence in a sexual harassment complaint.
7. Do not permit employees to refer to persons of the opposite sex as “honey, ” “dear, ” “sweetheart, ” or other similar expressions.
B. Tenants
1. Maintain a business relationship with your landlord and/or his agents.
2. Do not wear provocative clothing when you engage face to face with your landlord and/or his agents.
3. Be proactive if you are sexually harassed:
A. Speak with the offender.
B. Keep records
Include each event, date, time, location, what happened, what was said, how you felt, and the names of witnesses or other persons victimized.
C. Write letters
Write a letter to the offender and his employer or boss.
D. Follow the other recommendations noted throughout this handbook.
SEXUAL HARASSMENT - POLICY POINTERS
A. Identity The Problem
Any of these elements may constitute sexual harassment:
1. Physical contact
2. Gestures
3. Jokes
4. Pictures
5. Comments
6. Terms of Endearment
7. Questionable Comments
B. Evaluation
1. Does behavior contribute to maintaining professional business like relationships?
2. Do you care if you offend others?
3. Could someone misinterpret my behavior as intentionally harmful or harassing?
4. Does your behavior offend or hurt others?
C. Your role and Responsibility
Victim
1. Contact a fair housing agency. If none available, contact an attorney.
2. File a report with police.
3. Notify owner of complaint.
Offender
1. Stop behavior immediately.
2. Notify property owner and superiors or employer.
3. If legal action filed against you, contact an attorney.
4. Avoid any appearance of retaliation, whether direct or indirect.
5. Take responsibility and see that it does not happen again.
Owner
1. Discuss the incident with the alleged harasser.
2. Suggest that alleged harasser seek legal counsel.
3. Seek legal counsel.
4. Conduct a fact finding investigation and cooperate with any official investigating body such as HUD or the OCRC.
5. Take strong action for proven sexual harassment.
It is important to remember that fair housing laws make it illegal for anyone to subject you to harassment, intimidation, and interference because you have filed a complaint, assisted someone else in filing a complaint or in exercising their fair housing rights, or even refused to participate in an act which would violate fair housing laws.
Knowledge is power! It is important that you know about fair housing rights and responsibilities and what actions can be taken if your fair housing rights are violated. Victims of housing discrimination can seek the following remedies:
* Compensation for damages from humiliation, embarrassment, pain, suffering, including actual damages;
* Attorneys’ fees;
* Punitive damages;
* Other injunctive or equitable relief
If you suspect that you or someone you know has been discriminated against or harassed because of their race, color, national origin, religion, sex, familial status, or handicap, it should be reported immediately. To report such acts, you may contact the: Police, an attorney, file the reports, file a criminal case, file a civil case for award of damages by the court system. Crimes committed by a man or woman are felonies and no statutes exist. Contact me again and I'll begin the case filings. This man needs to be brought to justice, pay damages, and be sentenced to jail time if found guilty by the justice system. |
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Facts for Survivors Who Choose to Press Charges
Contents
Does it matter if the victim knew the perpetrator?
If the perpetrator is found guilty, what will the sentence be?
Are any other crimes ever charged in relation to a sexual assault?
What is statutory rape?
When can a sexual assault NOT be prosecuted?
If I was raped, can I sue for money damages after a rape?
For more information...
Does it matter if the victim knew the perpetrator?
Our laws do not differentiate between a known and unknown attacker. As a practical matter, the better the victim knew the perpetrator, especially when they had a previous consensual sexual relationship, the harder it is to prove lack of consent. It is even more difficult if the offender did not use force, threats or a weapon. Fortunately, there is a clear trend for the criminal justice system to prosecute more of these acquaintance sexual assault cases. Recently, the legal definition of lack of consent was amended to include any situation in which the victim "clearly expressed" that he or she was not consenting in the sex act and a "reasonable person" in the perpetrator’s situation "would have understood" the victim’s words and acts as "an expression of lack of consent."
If the perpetrator is found guilty, what will the sentence be?
Sentencing is very complicated and depends on many factors. Sexual offenses are categorized in a range of classes of felonies and misdemeanors; sentencing for each offense varies. The District Attorney must also make decisions as to the prosecutorial strength of any given case, whether to include a lesser charge, and plea-bargaining. Some other factors include:
the crime involved
the amount of force used
the injuries that resulted
the age of the perpetrator
the age of the victim
whether this is the perpetrator’s first, second, or a subsequent offense.
First degree crimes are considered the most serious ones and carry the longest penalties. For violent felonies, New York State imposes mandatory minimum sentences. For example, a first time offender would receive 5 to 25 years if convicted of a Class B Felony, 3.5 to 15 years if convicted of a Class C Felony, 2 to 7 for a Class D Felony conviction and 1.5 to 4 for a Class E Felony conviction.
Are any other crimes ever charged in relation to a sexual assault?
Sometimes other offenses occur along with a sexual offense. Some of the more common ones are:
Kidnapping (or threat of kidnapping) the victim or a third party
Assault
Robbery
Burglary
Criminal possession of a weapon
Unlawful imprisonment
Harassment
Stalking
Coercion
Offenses against public sensibilities
Endangering the welfare of a child
Use of a child in pornographic material
Incest
Facilitating a sex offense with a controlled substance (i.e. date rape drugs)
The perpetrator can also be charged with any of these crimes that occurred along with the sexual offense. A federal court may also be able to charge the perpetrator with certain federal crimes if the offense involved the victim or perpetrator crossing state lines, or took place on federal property, or involved certain people in government.
What is statutory rape?
Statutory rape occurs when sexual contact between two people involves one that is unable to consent under New York State Law. There are three legal categories for felony statutory rape:
Rape in the first degree: A person has sex with a victim who is less than 11, or a person over 18 has sex with someone less than 13.
Rape in the second degree: A person 18 or over has sex with someone less than 15.
Rape in the third degree: A person at least 21 years old has sex with someone less than 17.
If the victim is under 17 and the perpetrator is an adult, this constitutes a misdemeanor statutory rape.
However, it is an "affirmative defense" in all cases if the accused is less than 4 calendar years older than the victim. This means that if the defense can prove that the defendant is less than four years older than the victim, the jury must find the defendant not guilty, regardless of whether the prosecution proves that the defendant did have sex with the victim.
When can a sexual assault NOT be prosecuted?
Not every sexual assault can be prosecuted as a crime under the laws of New York or in the judgment of the criminal justice system.
Some reasons that a crime cannot be prosecuted are:
the crime was not completed (it may still be possible to charge the perpetrator with an attempted rape or attempted sodomy).
the identity of the perpetrator is unknown.
the perpetrator, while known, cannot be found or arrested.
the perpetrator has since died or become incapacitated.
the police or prosecutor determine upon analyzing all the facts and circumstances, that they can not prove an element of the crime beyond a reasonable doubt (e.g., that they can not prove the sexual act, or the "lack of consent" or that the individual accused was, in fact, the perpetrator).
the victim is too young or too incapacitated to be able to explain what happened
Even if a sexual assault offense cannot be prosecuted, this should not prevent the survivor from seeking help. Survivors experience emotional trauma from a sexual assault, regardless of the technicalities of the law.
If I was raped, can I sue for money damages after a rape?
Yes. You can sue your landlord if his/her negligent maintenance of the building was a substantial cause of the assault. Under certain circumstances, a business, school, etc. can be sued if they negligently hired and/or maintained a dangerous employee. These lawsuits must be brought within a specific time period -- sometimes as little as thirty days. You should be able to consult with an attorney for no fee and not pay unless the lawsuit is successful. |
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June 12, 2007
ANDREW J. SPINNELL, PLAINTIFF-RESPONDENT,
v.
PHILIP SELDON, INDIVIDUALLY AND UNDER THE NAME OF CITIZENS FOR A BETTER NEW YORK, DEFENDANT-APPELLANT.
Judgment, Supreme Court, New York County (Donna M. Mills, J.), entered November 17, 2006, upon a jury verdict, awarding plaintiff damages, and bringing up for review an order, same court (Judith J. Gische, J.), entered May 11, 2006, which, inter alia, denied defendant's cross motion for summary judgment, unanimously affirmed, with costs. Appeal from the May 11, 2006 order, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Sullivan, J.P., Nardelli, Buckley, Catterson, Kavanagh, JJ. 1294-
Index 107483/03
Clear and convincing evidence supports the verdict finding that defendant, in documents sent by him to lawyers and other professionals with whom plaintiff conducted business and from whom he received referrals, made statements about plaintiff that were false and defamatory. The documents contained assertions that plaintiff, an attorney, had engaged in tax fraud, had submitted forged or falsified documents to a United States District Court, and had been found unfit to be a judge (see Dillon v City of New York, 261 AD2d 34, 38 [1999]). Although the statement that plaintiff had been found to have committed "egregious ethical misconduct, " should have been deemed non-actionable as an expression of opinion based on the disclosed circumstance that plaintiff had, in fact, been reprimanded by a Grievance Committee in Connecticut, in light of the number of other properly submitted statements, and in view of their egregious nature, we perceive no ground to disturb the $100, 000 award of compensatory damages and $400, 000 award of punitive damages (see Rosenberg, Minc & Armstrong v Mallilo & Grossman, __ AD3d __ [2007], 2007 NY Slip Op 3186).
We have considered defendant's other arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT. |
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SEXUAL HARASSMENT - POLICY POINTERS
A. Identity The Problem
Any of these elements may constitute sexual harassment:
1. Physical contact
2. Gestures
3. Jokes
4. Pictures
5. Comments
6. Terms of Endearment
7. Questionable Comments |
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