Should the mounting allegations of sexual harassment and assault prove to be true – and it’s not looking so good for him – then Harvey Weinstein is a criminal. This isn’t just “bad behavior” or “acting inappropriately.” Sexual assault is a crime punishable by law. However, it is also a tort (a civil wrong) that could result in financial liability if proven in court. Criminal assault and civil assault have different statues of limitations. It is possible that he could be held criminally liable as well as civilly liable should his accusers bring a suit against him before the civil statute runs in each of their particular cases. In many…
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Mental Incompetency in Guardianship and Divorce
It is not uncommon for courts to name one’s spouse as their guardian, but what happens when the incompetent party wants to get divorced from his wife and guardian? Can one be incompetent, yet understand the consequences of and express a desire to get divorced? Carolyn, the wife of an eighty-eight year old Kentucky man, Elmer Riehle, petitioned the court to appoint a guardian for her husband for financial reasons – to protect both herself and Elmer.[1] Carolyn decided to file the petition after Elmer sent thousands of dollars of the couple’s money to an e-mail scammer claiming to…
