Woman sues UF fraternity brothers for videotaping sexual encounter

[EE-BO]

Originally Posted by jessicaelaine

If she was having sex in a public area, yeah burn the whore on a stake and sell it to joe francis.

And for everyone who is thinking she shouldn't put herself through any more trauma by doing this, that is really backwards and messed up. Are you saying victims of crimes shouldn't press charges or go through court cases in order to get justice or even possibly preventing that crime from happening to someone else?

I like the Joe Francis line.

As for the second part of your post I have quoted, I very much agree victims should try to exact justice when they are wronged. Too many victims of sexually invasive/violent crimes never report them, and it just lets the perps do it again.

But in this case we have a situation where the young lady caught the filming in the act and got the tape away from the guys before they could do anything with it. She was engaging in consensual sexual activity, and so the only real crime I see here is that the other guy got a free peek at this young woman without her permission- and that her paramour was complicit in making the other guy's crime possible.

On that grounds the punishment seems to fit the crime here- but with a full appreciation of the fact if she had not caught the videotaping when she did, it very likely would have been shown to a lot of other people.

But it was not. And so by filing the civil suit she is clearly just out for some money- and that does say something negative about her character in my view. It is one thing to seek justice, but quite another to turn the thwarted attempts at lameness by 2 kids into a big payday.

Originally Posted by EE-BO

But it was not. And so by filing the civil suit she is clearly just out for some money- and that does say something negative about her character in my view. It is one thing to seek justice, but quite another to turn the thwarted attempts at lameness by 2 kids into a big payday.

Civil suits do not mean the person is just out for money all the time. Sometimes money is the only thing people understand and perhaps 10 days in jail and 50 hours community service did not communicate to these men that what they did was wrong. In order for our system to work criminals must have a fear of getting caught and the possible punishment that is greater than the possible rewards of that crime. And I said possible rewards, meaning that just because those rewards didn't happen because she caught them shouldn't mean they shouldn't be held responsible for what they did.

We don't know what they were planning on doing with the tape. We don't know if this women was the first or would have been the last. If it were me, I would sue to make sure I was the last and that other men would be deterred from doing it to anyone else.

And this is not the first time people found florida sex crime laws unjust. http://www.myfoxtampabay.com/myfox/p...Y&pageId=3.2.1
http://www.pnj.com/apps/pbcs.dll/art...NION/807300333

[collegegirlnj]

I'm sorry if this is disrespectful, but I came across this thread in Google, and couldn't help but jump in....I think this girl has labeled herself a party girl on MySpace so, the guys acted reasonably..and I'm a girl!! I don't know about this guy though..

http://www.michaelcrook.org/blog/200...wanted-it-bad/

This blogger essentially calls her out as a slut, and I don't think that's right. But then, SHE was the one that took 20 mins to find the damn thing

[la_boca_loca]

Originally Posted by jessicaelaine

Civil suits do not mean the person is just out for money all the time.

It does when the person has suffered no injury which warrants compensation. When someone is physically injured, money can go toward making their life a little bitter. For what does Lauren Highley deserve to be compensated? How will the money help her life, by affording her a fancy car and nice clothes?

[CutiePie2000]

"Unbeknownst to Highley, Farias' fraternity brother, Kraft, was also in the room, armed with a video camera and hiding beneath a blanket on another bed. "

How can you hide under a "blanket"? Was he thin as a waif? Or was it more like pluffy duvet cover? Hmmmm.....

Originally Posted by la_boca_loca

It does when the person has suffered no injury which warrants compensation. When someone is physically injured, money can go toward making their life a little bitter. For what does Lauren Highley deserve to be compensated? How will the money help her life, by affording her a fancy car and nice clothes?

I'm assuming you didn't get a change to read past my first sentence because I explained what I meant. "Sometimes money is the only thing people understand and perhaps 10 days in jail and 50 hours community service did not communicate to these men that what they did was wrong." Or maybe you just didn't understand. Perhaps she didn't feel like the sentence was just. If these men had to pay money to her in a great amount they would understand better that what they did was wrong and it was possibly deter other's from trying the same thing.

There is something in a civil lawsuit called "punitive damages"
"Where the defendant’s conduct is found to be intentional or willful or wanton or malicious, the courts may permit an award of punitive damages in addition to compensatory damages.
Punitive damages are intended to punish the defendant and to discourage the conduct of the type the defendant engaged in." http://law.freeadvice.com/general_pr...s_punitive.htm

This is very common, so don't assume that all money in law suits are awards to making their life a little better. For example if a drunk driver broke a little boy's skate board he might only have to pay $50 in compensation, but that's not really going to effect him very much so he might have to pay thousands on dollars in punitive damages.

[la_boca_loca]

Originally Posted by jessicaelaine

I'm assuming you didn't get a change to read past my first sentence because I explained what I meant. "Sometimes money is the only thing people understand and perhaps 10 days in jail and 50 hours community service did not communicate to these men that what they did was wrong."

How do you know that the sentence didn't "communicate" to them. Two college boys with no previous criinal history. Now they have criminal convictions on their records, did ten days in jail, community service, are on probation for a year, and have to pay a monthly probation supervision fee.

Originally Posted by jessicaelaine

Perhaps she didn't feel like the sentence was just.

First of all, it is up to the judge to decide whether the sentence is just. Further, it is a gross abuse of the civil justice system for her to file suit just because SHE is not satisfied with the sentence. You are deluded if you think this is about justice. Her attorney doesn't care about justice. They both want the money.

Originally Posted by jessicaelaine

If these men had to pay money to her in a great amount they would understand better that what they did was wrong and it was possibly deter other's from trying the same thing.

Do you really think these kids will have to pay her money? Again, you have no idea what you speak of. Lawyers go after deep pockets like the national fraternity. The kids have nothing worth levying. Without question, the attorney intends to go after the faternity and the parents' homeowners insurance coverage. Shame on him! He knows full well that parents in FL are not responsible for the torts of their children. But he'll file suit anyway and hopes to cost the insurers enough time, trouble and expense that the insurers will eventually pay something.

Originally Posted by la_boca_loca

How do you know that the sentence didn't "communicate" to them. Two college boys with no previous criinal history. Now they have criminal convictions on their records, did ten days in jail, community service, are on probation for a year, and have to pay a monthly probation supervision fee.

I said perhaps, which means that no, i don't know what was communicated. Perhaps means that it's a possibility.

Originally Posted by la_boca_loca

First of all, it is up to the judge to decide whether the sentence is just. Further, it is a gross abuse of the civil justice system for her to file suit just because SHE is not satisfied with the sentence. You are deluded if you think this is about justice. Her attorney doesn't care about justice. They both want the money.

The law says she is allowed to try and get a different kind of justice and we should respect and honor the law. I'm not saying that any money should be awarded, I'm saying she has the right to ask. I'm not saying that everyone should think money should be awarded, just recognize that law suits like this are very common and she has the right to do it.
And how can you you criticize me for saying that I know the reasoning behind it (even though i said perhaps) when right there you are saying you know the reasoning behind it. How do you know she and her attorney just want money?

Originally Posted by la_boca_loca

Do you really think these kids will have to pay her money? Again, you have no idea what you speak of. Lawyers go after deep pockets like the national fraternity. The kids have nothing worth levying. Without question, the attorney intends to go after the faternity and the parents' homeowners insurance coverage. Shame on him! He knows full well that parents in FL are not responsible for the torts of their children. But he'll file suit anyway and hopes to cost the insurers enough time, trouble and expense that the insurers will eventually pay something.

Again you are assuming you know the reasoning behind this even though you just criticized me for doing the same thing (even though i didn't).

[Kevin]

Originally Posted by jessicaelaine

How do you know she and her attorney just want money?

Why does it matter what their motivation is? If this young lady has been damaged, she's possibly entitled to compensation. Whether she wants money or some sense that she did the "right thing" is immaterial.

The issue here is whether these two did something which entitles the plaintiff to an award of money. Actual damages do enter into things and may even be an element of the tort. In other words, whether there are any "real" damages may or may not be an essential element here.

I haven't seen the pleadings, but it would seem she's suing for invasion of privacy, which often (this varies from place to place) only requires that someone intrude upon the plaintiff's solitude while she has a reasonable expectation of privacy, and in most places that the intrusion is something a reasonable person would find highly offensive. I think she can prove all of that without too much trouble.

I know nothing about Florida law or the law of any particular state. I do know that this lawsuit is probably anything but "frivolous" though.

[MysticCat]

Originally Posted by la_boca_loca

Further, it is a gross abuse of the civil justice system for her to file suit just because SHE is not satisfied with the sentence.

How is that a gross abuse of the civil justice system?

And how are you connected with the defendants? ('Cause I'm betting that you are.)

[la_boca_loca]

Originally Posted by MysticCat

How is that a gross abuse of the civil justice system?

Judges determine what is just and ideally, mete out punishment accordingly. The students will not pay anything in this case, the national fraternity will. Tell me then, how is this case about anything other than extracting money from the deepest pocket?

Originally Posted by MysticCat

And how are you connected with the defendants? ('Cause I'm betting that you are.)

I'll take that bet. Even if I did know them or was otherwise connected, how would these messages posted under an anonymous name benefit the students or myself? Ya' didn't think about that one, did ya'?

[Kevin]

Originally Posted by la_boca_loca

It does when the person has suffered no injury which warrants compensation. When someone is physically injured, money can go toward making their life a little bitter. For what does Lauren Highley deserve to be compensated? How will the money help her life, by affording her a fancy car and nice clothes?

A judge/jury get to decide what warrants compensation, not you.

Not knowing anything about Florida Law, I'm assuming that this is an "invasion of privacy" suit. Depending on the law in Florida and the specific facts, this could be a very winnable case for her.

This, if nothing else, is a good object lesson for active members who might be reading it -- there are a lot of things which can get you sued which you probably didn't know could get you sued.

[la_boca_loca]

Originally Posted by Kevin

there are a lot of things which can get you sued which you probably didn't know could get you sued.

You can get sued for ANYTHING. Whether the lawsuit has merit is a different issue.

[Kevin]

Originally Posted by la_boca_loca

You can get sued for ANYTHING. Whether the lawsuit has merit is a different issue.

Thank you for your insight into the American legal system. You really opened my eyes.

[pinksirfidel]

Originally Posted by Kevin

Thank you for your insight into the American legal system. You really opened my eyes.

Lol. My high school U.S. government teacher used to always say... "You're not an American, unless you have sued somebody for something!"

On a serious note... The young lady does deserve something... You can't video tape someone during a private moment (w/o their consent), show a few brothers and think it'll all be okay! Come on!