Lessons Learned in Victim Advocacy
Explore the crucial lessons learned in victim advocacy from Pennsylvania cases. Dive into the legal aspects and handling of sensitive situations to empower victims and seek justice effectively.
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Lessons Learned in Victim Advocacy Benjamin D. Andreozzi, Esq. Andreozzi & Associates 111 North Front Street Harrisburg, PA 17101 Ben@victimscivilattorneys.com Disclaimer: By viewing this presentation I agree to ignore the outlined mistakes when deciding where to refer Pennsylvania cases!!!
K.R., A MINOR, BY N.F., GUARDIAN VS. VISIONQUEST NATIONAL, LTD. United States District Court for the Eastern District of Pennsylvania
The Facts Bad Good Victim got out of his bed to initiate the contact and was aroused. 13-year-old victim vs. 18- year-old perpetrator Damages embarrassed, couldn t sleep for a week (no expert!!) 18-year-old = monster Liability!! Victim perpetrated on his little sister.
VQ accepts D.N. at Blue Ridge Academy 2015 2016 Nov. | Dec. | Jan. | Feb. | Mar. | Apr. | May | Jun. | Jul. | Aug. | Sep.
VQ accepts D.N. at Blue Ridge Academy 2015 2016 Nov. | Dec. | Jan. | Feb. | Mar. | Apr. | May | Jun. | Jul. | Aug. | Sep.
VQ accepts D.N. at Blue Ridge Academy 2015 2016 Nov. | Dec. | Jan. | Feb. | Mar. | Apr. | May | Jun. | Jul. | Aug. | Sep. D.N. sending sexual letters to 13-yr-old resident (A.C.)
VQ accepts D.N. at Blue Ridge Academy D.N. sending sexual e-mails to same 13- yr-old resident 2015 2016 Nov. | Dec. | Jan. | Feb. | Mar. | Apr. | May | Jun. | Jul. | Aug. | Sep. D.N. sending sexual letters to 13-yr-old resident (A.C.)
VQ accepts D.N. at Blue Ridge Academy D.N. sending sexual e-mails to same 13- yr-old resident 2015 2016 Nov. | Dec. | Jan. | Feb. | Mar. | Apr. | May | Jun. | Jul. | Aug. | Sep. D.N. sending sexual letters to 13-yr-old resident (A.C.) D.N. grooming behaviors w/ same 13-yr-old resident
VQ accepts D.N. at Blue Ridge Academy D.N. sending sexual e-mails to same 13- yr-old resident 2015 2016 Nov. | Dec. | Jan. | Feb. | Mar. | Apr. | May | Jun. | Jul. | Aug. | Sep. D.N. sending sexual letters to 13-yr-old resident (A.C.) D.N. grooming behaviors w/ same 13-yr-old resident
VQ accepts D.N. at Blue Ridge Academy D.N. sending sexual e-mails to same 13- yr-old resident 2015 2016 Nov. | Dec. | Jan. | Feb. | Mar. | Apr. | May | Jun. | Jul. | Aug. | Sep. D.N. sending sexual letters to 13-yr-old resident (A.C.) D.N. grooming behaviors w/ same 13-yr-old resident D.N. turns 18-yrs-old
VQ accepts D.N. at Blue Ridge Academy D.N. sending sexual e-mails to same 13- yr-old resident D.N. relapse 2015 2016 Nov. | Dec. | Jan. | Feb. | Mar. | Apr. | May | Jun. | Jul. | Aug. | Sep. D.N. sending sexual letters to 13-yr-old resident (A.C.) D.N. grooming behaviors w/ same 13-yr-old resident D.N. turns 18-yrs-old
VQ accepts D.N. at Blue Ridge Academy D.N. sending sexual e-mails to same 13- yr-old resident D.N. relapse 2015 2016 Nov. | Dec. | Jan. | Feb. | Mar. | Apr. | May | Jun. | Jul. | Aug. | Sep. D.N. sending sexual letters to 13-yr-old resident (A.C.) D.N. grooming behaviors w/ same 13-yr-old resident D.N. moved into bedroom with 13- year-old D.N. turns 18-yrs-old
VQ accepts D.N. at Blue Ridge Academy D.N. sending sexual e-mails to same 13- yr-old resident D.N. relapse 2015 2016 Nov. | Dec. | Jan. | Feb. | Mar. | Apr. | May | Jun. | Jul. | Aug. | Sep. D.N. sending sexual letters to 13-yr-old resident (A.C.) D.N. grooming behaviors w/ same 13-yr-old resident D.N. moved into bedroom with 13- year-old D.N. turns 18-yrs-old
Sep. 7 or Sep. 8 D.N. receives oral sex from 13-yr-old in bedroom VQ accepts D.N. at Blue Ridge Academy D.N. sending sexual e-mails to same 13- yr-old resident D.N. relapse 2015 2016 Nov. | Dec. | Jan. | Feb. | Mar. | Apr. | May | Jun. | Jul. | Aug. | Sep. D.N. sending sexual letters to 13-yr-old resident (A.C.) D.N. grooming behaviors w/ same 13-yr-old resident D.N. moved into bedroom with 13- year-old D.N. turns 18-yrs-old
Identify overzealous defense counsel Too aggressive on issue = consent PA 13-year-old cannot consent w/ 18-year-old Lesson #1 Give Defense the Rope Resist temptation to file MIL Have rebuttal arguments (common sense and criminal conviction) locked and loaded Let judge scold counsel in front of jury
Consider cutting a deal with perpetrator Lesson #2 Be Careful Making a Deal with the Devil Make sure you are going to get something good Be ready to rehabilitate witness who cut the deal
Reasons NOT to bifurcate: Some punitive evidence might bolster case that requires heightened liability standard ( gross negligence ) Easy to persuade the jury in opening and closing and ask them to punish the unrepentant defendant Judge signals punitives are going to the jury, but the award is not a given (i.e, comity of errors but no willful misconduct) If compensatory damages are limited, you MIGHT get some spill over from punitives into compensatory Lesson #3 Think Long and Hard About Bifurcating Compensatory and Punitive Stages Reasons to bifurcate: Two bites at the apple Protects against lopsided punitive award and subsequent issues (coverage and molded verdict)
