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Is it a Crime? or A Tort? By
David Day |
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Some of the confusion that the average person may have in differentiating a
crime from a tort stems from the fact that some crimes are also torts. For
instance, if someone were to hit you, it would constitute the crime of
battery, for which the person doing the hitting could be prosecuted by the
state. At the same time, you could sue your attacker in civil court to
recover damages. As this illustration shows, tort law deals with individuals
who have been wronged. Tort law compensates the victim with a monetary award
that is intended to make him or her "whole." Criminal law, on the
other hand, involves society and its efforts to punish individuals whose
crimes cannot be tolerated.
A good example is a rape victims who can potentially sue the attacker in
civil court for the torts of assault, battery, false imprisonment, and
infliction of emotional distress.
Another avenue which should not be overlooked by the victim of a personal
crime is a claim against the Tennessee Criminal Compensation Act Fund. This
allows for certain damages to be paid a victim of certain crimes, and also
covers the attorneys fees involved in processing the claim. |
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