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How Rape Can Happen

Rape occurs when a person has engaged in sexual activity with another that has not given consent. According to the website of the Nashville sex offense lawyer Brent Horst, rape is a Class B Felony, with a fine of up to $25,000 and prison sentence of up to 30 years. It is even worse if the rape has involved coercion, force, or weapons, because it can be elevated into aggravated rape, which has elevated fines and prison sentences too, of up to $50,000 and 60 years.
These are just for the state of Tennessee, but they give you a clear idea on how devastating the consequences are for convicted rapists. But how can rape happen? It can happen in various instances, even on scenarios where it is not as obvious.

 

Through Force

One of the most known way rape can occur is through physical power, like when a stranger suddenly goes up into an unsuspecting woman and forces himself into her to satisfy his sexual needs. Due to its blatant nature, it is also the easiest case to win, because of the likely availability of physical evidence, like wounds.

Through Threat

Not all rape cases involve blatant use of strength. Many rape cases involve victims who are forced to give in to the sexual advances of the suspected rapist because the suspected rapist has made threats. Threats may come in many forms, but usually, they involve warnings of harm to the victim or the victim’s loved ones, if he or she fails to comply to the suspected rapist’s sexual demands.

Without Consent

One of the most important aspects of rape is that the sexual activity is non-consensual. This can occur on two ways. First, the victim may not be legally allowed to give consent because of his or her age, so the sexual activity, even if it technically features two individuals who have done it in their free will, is still legally non-consensual and therefore considered rape.
Second, the victim may be unable to give his or her consent. The best examples of this are individuals who are intoxicated, unconscious, or mentally incapacitated.

Amusement Park Accidents and Injuries

Amusement parks are places for recreation, but there are times where they are also places for disaster, especially if the property owners, managers, ride designers, and maintenance providers become negligent. According to the website of Williams Kherkher, those who have been hurt in amusement park accidents may have legal options to pursue against the negligent parties that have caused the accidents.

Common Causes of Accidents
Mechanical failure: Defects can lead to malfunctions on the rides or their parts. These malfunctions may come in many forms, such as detachments of safety harnesses and breakages of important ride components.

Maintenance issue: Rides are complicated marvels of engineering, and they need to be properly maintained to ensure that they are in top condition so they can perform their tasks efficiently and safely. Lack or improper maintenance may lead to defects and malfunctions.
Staff negligence: Operators and other amusement park staff have safety procedures to follow. Failing to do or enforce these procedures may result into accidents. The best example of this is the abrupt stoppage of rides.

Improper behavior: Fellow passengers and other people on the amusement park can also compromise your safety, such as those who stand while mid-air in the ride, bring out cameras and other objects while in the ride, and others who do not follow safety regulations.

Common Injuries from Accidents
Head injury: The head is very vulnerable to amusement park accidents, leading to complications like face disfigurement, skull fracture, and brain trauma.

Whiplash: The bumps and jolts associated with certain amusement park rides can catch the neck in a relaxed state, causing the neck to abruptly move forward and backward. This motion may be powerful enough to injure the neck and its surrounding areas.

Back injury: Detaching objects and extreme forces may be powerful enough to cause damage to the back area of victims. The worst back injuries involve the spinal cord. Injuries in the spinal cord may lead to paralysis and other complications that revolve around motor and sensory problems.

Broken bones: Many rides involve tremendous amounts of force, but they are safe. When the safe part has been compromised, the force may be strong enough to break bones, particularly in the arm and leg area, as they are often the exposed parts.

Drowning and other water-related injuries: There are also rides that involve water. Anything that can compromise the safety of passengers may lead to drowning, slipping, or falling off watercraft or elevated spaces.

Speed Limits are Intended to Keep People Safe

The faster a car travels, the lesser time it will take to reach its destination. But while speed may be advantageous time-wise, it can be a risk where road safety is the issue.

Speeding, as shown in the records of the National Highway Traffic Safety Administration (NHTSA), is the third major reason behind fatal car accidents. Every year, this ill road behavior causes about 13,000 fatal accidents.

Though the number of fatal car crashes has significantly been reduced during the past 10 years (from 42,000 annually to 36,000), the number of motor vehicle accidents continue to remain above five million, causing more than two million injuries. According to the NHTSA, ninety-four percent of car crashes are traceable to driver error. Driver error, which points to bad driving behavior, has become an epidemic on U.S. roads and highways. Its major classifications include drunk-driving, reckless driving, driving aggressively, distracted driving and speeding.

A driver, who goes above a determined speed limit, increases the risk of accident and compromises the safety of many others on the road. This is because speeding, as proven through studies and actual events, reduces a driver’s reaction time to danger, makes stopping or slowing down a vehicle much harder, and lessens a driver’s control over his/her vehicle; it would also be like inviting death if one were to drive at fast speeds while impaired by alcohol and/or illegal drugs.

Those who often drive above the set speed limit reason out that speeding enables them to be on time for appointment or work. Some say, however, that they are not aware of what the speed limit is; they feel that they are still in control of their vehicle even when driving over the speed limit; keeping up with slower drivers causes pressure; they will not be caught anyway or, even if they do get caught, damages, if they happen to cause any, will be paid by their insurance provider.

Aside from increasing the likelihood of a car accident, speeding also significantly affects the consequence of a car crash. This is because other than the possibility of causing major damage to properties, driving at fast speeds can also result to more severe injuries or death.

As much as some drivers may disagree with the particular limit imposed along a given stretch of road, Karlin, Fleisher & Falkenberg explain that speed limits are intended to keep people safe. When people choose to drive faster than the speed limit allows, for whatever reason they may claim to have, they demonstrate an obvious and willful disregard for the safety of others that is likely to make them liable for any accidents they cause.

The Challenges of Driving A Motorcycle

Most people prefer driving a motorcycle because it allows them to cut through traffic and reduce travel time tremendously. But while they offer convenience, motorcycles also put drivers at a greater risk of accidents than other vehicles. Figures from the National Highway Traffic Safety Administration (NHTSA) revealed that motorcyclists accounted for 14 percent of all traffic deaths, 4 percent of all injuries, 18 percent of all occupant fatalities and 4 percent of all occupants’ injuries. In 2013, it accounted for 94 percent of 4,668 deaths.

According to the website of Karlin, Fleisher & Falkenberg, LLC, motorcycles not only pose serious threats to drivers but also susceptible to road conditions. There are several problems that a motorcycle faces which makes accidents involving them devastating. Here are some factors that can contribute to the seriousness of motorcycle accidents:

  • Visual Recognition. Motorcycles are less visible to other vehicles especially in intersections where 7 out of 10 motorcycle and other vehicle accidents occur. It is also difficult to see them during extreme weather conditions.
  • Road Hazards. Minor hazards to larger vehicles such as cars such as potholes, oil slicks, puddles, debris, uneven pavement and others are major hazards to a motorcycle.
  • Wobble Accidents. When running at high speed, the front end of a motorcycle may experience wobbling due to its instability. This is caused by a misalignment in the front and rear tires. If an accident is due to wobbling, the manufacture of the motorcycle may be held liable.
  • Riding Skills and Familiarity. Compared to a car, a motorcycle may require more skills and physical coordination. Many accidents have been attributed to lack of basic riding skills.

Common Injuries

When a driver loses control of the motorcycle, they experience different kinds of injuries which may include the following:

  • Concussion and brain damage. During a collision and without a safety gear, the head may get in contact with other vehicles or a hard object. Wearing a helmet can lessen the risk of death by 37 percent.
  • Broken joints. The elbows, shoulder, hips, knees, or wrists may become broken during an accident. Make sure you have protective pads specially in the shoulders and pelvis, which are the most susceptible joints to break.
  • Biker’s Arm. This is a condition wherein the nerves in the upper arm get damage during an accident. This may result to permanent paralysis of arm movement.
  • Facial Disfigurement. Without a full-face helmet, the slide may slide across the ground or smash into an object.

When driving a motorcycle, it is best to be always on the safe side than lose your ability to ride.

Drunk Driving Kills

You should never accept your fate in a drunk driving offense before talking it over with an experienced attorney. There are many factors which could contribute to an improper charge being given, whether it’s an incorrect breath test reading or an unfair field sobriety tests. Attorneys fight for your rights and look for any infraction to reverse or change your charge(s).

An attorney can assist with cross-examining a police report. These reports are written on the spot by a police officer to act as a narrative for the incident. There are often contradictions within these reports that a skillful attorney can use in court against the officer. The report is used as a conclusive method of describing why the arrest took place, but it doesn’t have to be taken as the final word in relation to your case.

A failed field sobriety test is another unfortunate circumstance that be turned around with the help of an attorney. According to James Powderly, this test is “seldom ever given correctly” and highlights the fact that “balancing tests are very unfair and difficult to perform regardless of alcohol consumption.” An experienced attorney will know how these tests are scored and meant to be given, giving them the ability to see through an incorrectly administered test.

Drug crimes are also often seen as too difficult to escape, but an attorney can work to protect your rights and freedom. By working closely with an attorney to examine the charges against you, you could have one or even all your charges dismissed or drastically decreased in severity. Do not accept a plea bargain or waive your right to a fair trial without an attorney fully investigating your case. Click here to learn more about how you can defend yourself against a drug charge.

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