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Can the facts of a tort also be a crime?

Saint Paul, MN |
Filed under: Litigation

Can you cite to a case where the facts have been litigated as a tort and prosecuted as

Attorney Answers 3


Picture the civil case against O.J. Simpson for wrongful death, which was litigated after his acquittal and which he lost in a verdict exceeding thirty million dollars, resulting in the auctioning off of his sports memorabilia, and you have a specific example of civil and criminal liability arising out of the same circumstances.

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The OJ Simpson case is a good, well known example -acquitted under the reasonable doubt stadard (police lied); but found civilly liable for wrongful death by a civil jury under a preponderence of the evidence standard. Many crimes could be a tort, since there are intentional torts. A problem with those is often lack of insurance coverage for them.

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There are many torts which also constitute a criminal offense. For example, a battery (an unpermitted touching) can also constitute a criminal charge for assault. Sexual harassment (unwelcomed sexual conduct in the workplace making your job circumstances intolerable -- a civil tort) may also constitute a criminal charge for stalking or, in some circumstances, rape. There are numerous other examples.

Legal Disclaimer:

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.

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