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Article says the teacher was not critically injured. How can that be? Being violently raped even with no "critical " physical injuries (and there had to have been physical trauma) also involves emotional injuries which are more than critical.
If ever there was a good case to sue and win damages this is it. Simply getting workman's comp is not enough.
Article says the teacher was not critically injured. How can that be? Being violently raped even with no "critical " physical injuries (and there had to have been physical trauma) also involves emotional injuries which are more than critical.
If ever there was a good case to sue and win damages this is it. Simply getting workman's comp is not enough.
This is probably not what you want to hear. However, she probably can't sue the state at all. Many states have a statute that provides that:
"Workers compensation is the sole and exclusive remedy against the employer for any injury received during the course and scope of employment."
Since the state is the employer, the statute bars suit against the state.
When such a statute was written, the legislature probably wasn't thinking of situations like this. They simply wanted to write a very tight statute that would keep all employees from being able to sue their employers, so long as the employer had workers compensation insurance. Legislatures might want to take a look at some unique situations such as this case and determine if they really want to bar lawsuits like this one.
In theory, I suppose the woman could sue the rapist, but the guy very likely has nothing, so there wouldn't be much point in doing so. Sad situation indeed. My observation is that many small town jails and prisons in rural areas don't put a lot of thought into security. They simply assume because a problem hasn't occurred before that it won't occur now. Pretty silly, but old attitudes can die slowly.
Just another comment. Being a man, I realize that I tread lightly when I say this. However, I have known several women who have been raped. I don't like that word particularly. The term I'd use is "sexually assaulted". In no way do I minimize the impact of sexual assault. However, fortunately, the ones I have known seemed to do particularly well after such an incident. The ones I met whom I thought did the best, were those who simply got up and made a point of getting on with their lives. It helped that they had a family they needed to raise or a job they loved doing. The world can be a rough place and ultimately I think we make a decision whether we allow events that occur to us to overwhelm us, or whether we decide that we will go on no matter what. The modern world is doing a better job today than it used to by teaching assault victims that they should not feel shame. The responsibility is solely that of the perpetrator.
so you think she should just pick herself up, dust herself off and start all over again?
how about her relations with her husband? do you think it is easy to forget that kind of assault?sure some are able to get on with their lives but how do any of us know what is in their mind or heart while they are going on with their lives? how do we know what they do when they hear a strange noise in the night, when some strong memory comes back to haunt them. I don't think any of us can assume just because a woman doesn't take to her sick bed and cry for 40 years that she hasn't been incredibly scared and scarred and that indeed her "getting on with life" is filled with more trauma and illness than we will ever know.
so you think she should just pick herself up, dust herself off and start all over again?
how about her relations with her husband? do you think it is easy to forget that kind of assault?sure some are able to get on with their lives but how do any of us know what is in their mind or heart while they are going on with their lives? how do we know what they do when they hear a strange noise in the night, when some strong memory comes back to haunt them. I don't think any of us can assume just because a woman doesn't take to her sick bed and cry for 40 years that she hasn't been incredibly scared and scarred and that indeed her "getting on with life" is filled with more trauma and illness than we will ever know.
I doubt that is possible. However, heightened awareness of sexual assault and abuse has caused society to look at these issues more carefully and critically than it did in the past. For the person who wants help there are many medical and counseling resources available. Workers compensation will pay for medical treatment and counseling in a situation like this. Another source of compensation that may be overlooked by some victims is a state crime victims reparations fund. Not every state has one. My state has one and it will pay a large amount of the out-of-pocket expenses incurred by victims of violent crimes. Every time someone is fined in court for any offense, a portion of that fine goes to the crime victims reparations fund.
I am not so insensitive as to suggest that everyone can just "get over it" when it comes to a situation like sexual assault. What I am saying is more complicated and nuanced. I am saying some people do manage this trauma better than others do. In my observation, those who do the best have well-balanced lives with a number of things going on that give them satisfaction.
There are many sources of pain and grief in life. Some are definitely worse than others. Victims cannot control or change the fact that they were assaulted. What they can control is what they choose to do about it.
Article says the teacher was not critically injured. How can that be? Being violently raped even with no "critical " physical injuries (and there had to have been physical trauma) also involves emotional injuries which are more than critical.
I think "critical injury" has a specific medical meaning that does not apply in this case.
so you think she should just pick herself up, dust herself off and start all over again?
how about her relations with her husband? do you think it is easy to forget that kind of assault?sure some are able to get on with their lives but how do any of us know what is in their mind or heart while they are going on with their lives? how do we know what they do when they hear a strange noise in the night, when some strong memory comes back to haunt them. I don't think any of us can assume just because a woman doesn't take to her sick bed and cry for 40 years that she hasn't been incredibly scared and scarred and that indeed her "getting on with life" is filled with more trauma and illness than we will ever know.
So what do you propose she does? Posters have said what they think and you seem to disagree. I know suing and getting a large check does not make noises in the night disappear or relations with her husband improve.
Getting on with your life is the only way to get over or at least lessen any terrible experience.
I would propose if she is able to recover and gather the strength to being an instrument toward changing the law. Someone should be Held accountable! Did she know as a employee she was at risk of being raped by a inmate, or even murdered? The prison system makes no sense to me. A male inmate cannot hold his wife's hand at a visit but civilian teachers can be Alone in a classroom with sexual predator's and other inmates with No security?!! This is too unbelievable!!
This is probably not what you want to hear. However, she probably can't sue the state at all. Many states have a statute that provides that:
"Workers compensation is the sole and exclusive remedy against the employer for any injury received during the course and scope of employment."
Since the state is the employer, the statute bars suit against the state.
When such a statute was written, the legislature probably wasn't thinking of situations like this. They simply wanted to write a very tight statute that would keep all employees from being able to sue their employers, so long as the employer had workers compensation insurance. Legislatures might want to take a look at some unique situations such as this case and determine if they really want to bar lawsuits like this one.
In theory, I suppose the woman could sue the rapist, but the guy very likely has nothing, so there wouldn't be much point in doing so. Sad situation indeed. My observation is that many small town jails and prisons in rural areas don't put a lot of thought into security. They simply assume because a problem hasn't occurred before that it won't occur now. Pretty silly, but old attitudes can die slowly.
Just another comment. Being a man, I realize that I tread lightly when I say this. However, I have known several women who have been raped. I don't like that word particularly. The term I'd use is "sexually assaulted". In no way do I minimize the impact of sexual assault. However, fortunately, the ones I have known seemed to do particularly well after such an incident. The ones I met whom I thought did the best, were those who simply got up and made a point of getting on with their lives. It helped that they had a family they needed to raise or a job they loved doing. The world can be a rough place and ultimately I think we make a decision whether we allow events that occur to us to overwhelm us, or whether we decide that we will go on no matter what. The modern world is doing a better job today than it used to by teaching assault victims that they should not feel shame. The responsibility is solely that of the perpetrator.
Oh boy. 'Seemed to do particularly well?" What the hell does that mean? You say that like being raped is a blessing in disguise.
Exactly what in the hell do you expect those victims of rape to do? Sit in a corner and cry all day?. Hide in their homes?
Yeah, life goes on but rape is not something the victim easily forgets. Your raped friends may not let you see their pain but it's there all the time, and you don't exactly sound compassionate enough for someone to confide in with your 'get over it' attitude. Most women have no choice but to carry on and work and take care of their families.
and does the changing the name make you feel better somehow? Rape is such an ugly word and it conjures up such horrific visions. The FBI recently changed the definition of rape..
Quote:
The new Summary definition of Rape is: “Penetration, no matter how slight, of the vagina or
anus with any body part or object, or oral penetration by a sex organ of another person, without
the consent of the victim.”
Rape is a deplorable act committed against women, children and men against their will. That means by force btw.
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What the hell does that mean? You say that like being raped is a blessing in disguise.
