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It's ridiculous to me that a person can't bear the burden of proof in a criminal court but still wants monetary damages awarded from a civil court.
Take, for instance, Santonio Holmes current situation. Supposedly he throws a glass at a woman that wouldn't get out of his seat at a nightclub. Sounds like a pretty cut and dry criminal case to me - physical damage is present, tons of witnesses, cops on the scene. But the woman alleging this declined to press charges. Instead she chose to file a civil suit the very next day.
This article on ESPN goes into detail on the ordeal. The most telling piece of this is in these paragraphs:
Why? Because you can allege whatever you want in civil court with almost no ramifications. It's a win-win situation for her. You don't need nearly as much supporting evidence for a judgement, and more importantly if it is found out that she's making false allegations she will not be criminally liable. In essence, either she wins a boatload of money or comes out of it with what she had going into it.
What does Holmes get out of it? Either way it goes he's in trouble with the Rooney's, the media and public are tearing down his image, and he's been publicly embarrassed.
It's a messed up world in which we live when the allegation alone is enough to irreparably tarnish a person even when proven to be false...
It's ridiculous to me that a person can't bear the burden of proof in a criminal court but still wants monetary damages awarded from a civil court.
Take, for instance, Santonio Holmes current situation. Supposedly he throws a glass at a woman that wouldn't get out of his seat at a nightclub. Sounds like a pretty cut and dry criminal case to me - physical damage is present, tons of witnesses, cops on the scene. But the woman alleging this declined to press charges. Instead she chose to file a civil suit the very next day.
This article on ESPN goes into detail on the ordeal. The most telling piece of this is in these paragraphs:
Holmes denied touching Mills and said another woman threw the glass that hit Mills in the face. After both Mills and Holmes were escorted out of the nightclub, Mills asked the police officer if she could speak to Holmes alone, the police report said.What does this say to me? It shows that this woman more than likely wasn't hit by Holmes - at least she didn't feel comfortable in possibly making a false criminal allegation and possibly being in legal trouble herself if it came to light. Then, after a night to think it over and untold messages and calls to her girlfriends, she decides to file a civil suit.
Holmes agreed to speak with her and they walked several feet away. The police officer saw Mills smiling and rubbing Holmes' face, according to the police report.
Why? Because you can allege whatever you want in civil court with almost no ramifications. It's a win-win situation for her. You don't need nearly as much supporting evidence for a judgement, and more importantly if it is found out that she's making false allegations she will not be criminally liable. In essence, either she wins a boatload of money or comes out of it with what she had going into it.
What does Holmes get out of it? Either way it goes he's in trouble with the Rooney's, the media and public are tearing down his image, and he's been publicly embarrassed.
It's a messed up world in which we live when the allegation alone is enough to irreparably tarnish a person even when proven to be false...
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