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The Law of Torts, Essay Example

Pages: 1

Words: 545

Essay

A tort is a law facet which deals with civil wrong doings. The branch of law is divided into three main sub branches such as negligent torts, strict liability torts and intentional torts. Torts may not cause physical damage but have resultant impact on ones reputation and dignity in the society or degrade the quality of live that an individual lives in the society. The case covered in this excerpt deals with intentional tort which was covered in New York Times recently. The case took place in Italy where a prison officer sexually harassed a female inmate who facing murder charges.

Amanda Knox autobiography reveals sexual harassment in prison, holes in investigation

In the above the case Amanda Knox who was charged of murder had her rights infringed by a prison guard. Amanda was charged for killing a fellow student with the help of her boy friend. She stayed in prison for over 20 years charging the prescribed jail terms. However her life in prison was not a free ride as it was accompanied by sexual harassments from one of the male prison officers Mr. Agiro. This incidence amounts to intentional torts. Intentional torts are actions that are practically likely to cause harm to an individual. The tort committed against Amanda had the possibility of causing emotional distress to her. Despite the fact the she was charged of crime, her rights had to be respected.

Reports reveal that the prison officer who harassed Amanda had a history of sexually harassing female inmates and thus Amanda was not his first victim. The victim of sexual harassment is arguing over her fundamental human rights. The law provides that even when an individual is charged of crime his or her basic human rights must be respected and protected by the law. While serving an imprisonment term, a prisoner is suppose to comply with the prescriptions of the charges but no abuse, insult or deformation should be inflicted on him or her. This therefore forms the basic ground for Amanda Knox to claim for protection of her rights.

Although the outcome of the whole episode saw the prison officer suspend from his duties to provide room for investigation, the accuser who in this case is Amanda Knox should file a petition against the defendant. After the filing the Petition, the court should establish an inquiry to interrogate the defendant and other people that may provide relevant information pertaining to the case. The accused should be represented in the case by a legal counselor who will act on behalf during the legal proceedings in the court. Amanda should also apply for a legal counselor to represent her plight in the court. Her lawyer should be to prove that the prison guard had sexually harassed her as she had indicated.  If the prison guard will be guilty of sexual harassment then the he face the charges thereof as provided by the Italian law. However, if the accuser lacks substantive evidence to prove the element of sexual harassment as claimed then the accused will not face any charges.

The element of intentional torts covered in this excerpt has the ability to cause emotional distress to the victim and may sometimes result to physical damages. Intentional torts have the potential of tainting one’s reputation in the society.

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