Sexual assault and rape are loaded terms that can often be used interchangeably. However, there is often a legal distinction between the two. Generally, rape is sexual assault, but sexual assault is not always rape. Both are grave offenses with profound impacts on victims, yet they differ in legal definitions and the nature of the acts involved. A Closer Look at the Crime of Rape Rape involves non-consensual intercourse, where consent is absent due to force, threats, or the victim's incapacity to give consent, such as through the influence of drugs or alcohol. This definition underscores the a ..read more

Longer life expectancies and a declining birth rate in the U.S. mean the American population is aging. The number of people aged 65 and older is expected to grow from 16.8% of the population in 2020 to 21.6% by 2040. The number of people aged 85 and older is projected to more than double from 6.6 million in 2019 to 14.4 million in 2040. The U.S. also has the world’s highest incarceration rate, and it seems to be growing. The Bureau of Justice Statistics recently released a report showing data that the total prison population in the U.S. increased by 2% from 2021 to 2022. The majority (96 ..read more

Murder is the taking of another’s life with "malice aforethought." This is a crime we are all familiar with. Documentary series such as HBO’s "The Jinx" about Robert Durst are popular and highlight the gruesome details of first-degree murder. However, it’s important to understand the nuances the law takes toward taking the life of another. For example, when is killing someone considered a crime of passion in the eyes of the law? Murder, a Brief History For a killing to be deemed murder, it needs to meet the legal standard of malice aforethought, meaning the person needs to have the intent to k ..read more

Oregon’s bipartisan Joint Committee on Addiction and Community Safety Response met on the last Tuesday in February to vote on a bill simply known as House Bill 4002. The committee voted 10-2 in favor of the bill, with all of the committee members broadly aligned on the problem HB4002 sought to fix, if not the specifics of the solutions it proposed. It was an unusual display of bipartisan cooperation, made all the more unusual by the purpose of HB4002: to recriminalize hard drugs.      Measure 110 In November 2020, Oregon voters passed referendum Measure 110, also known as t ..read more

Laci Peterson was eight months pregnant with her son, Connor, when she disappeared from her home in Modesto, California on December 24, 2002 while her husband Scott was out fishing. The remains of her and her son were discovered on the shore of San Francisco Bay in April 2003, not far from where Scott had been fishing on the day of her disappearance. Scott was arrested and charged with her murder within days of the discovery. The case drew national attention and inspired a lot of discussion, commentary, and writing, including from some of our fellow writers here at FindLaw. Recounting the deta ..read more

The "eggshell plaintiff rule" is a case every American law student studies in the course of learning about liability in battery. For those of you who didn’t have the misfortune of sitting through a semester of tort law, you may happen to encounter this phrase if you have the different misfortune of being in an accident that results in a civil lawsuit. Worry not, we’ve got you covered with a quick digest of the old but still relevant legal doctrine. Walking on Eggshells The eggshell plaintiff doctrine is also called by a variety of other colorful names, like the thin skull rule, the papier-mâch ..read more

Last week at Everbank Stadium in Jacksonville, while the hometown Jaguars were trouncing the visiting Carolina Panthers, an unhappy Panthers fan was filmed throwing a drink at fans of the home team. The incident is noteworthy because the drink-tosser was none other than David Tepper, the owner of the visiting Panthers. The viral moment left many calling for justice, noting that ordinary fans would be subject to removal from the stadium or even arrest for such an action. Unruly fans at sporting events are not a new problem in professional sports. Not so long ago, the Philadelphia Eagles' stadiu ..read more

Gun violence in the U.S. is a serious problem. One of the most tragic manifestations of this societal scourge is the increasing number of school shootings taking place across the country. The devastating effects of this are far-reaching — the loss of innocent young lives and potential, indelible trauma on the victims' families and friends, and a pervasive sense of fear and insecurity throughout the community. 2023 saw more than 500 mass shootings in America. At least 80 were school shootings, 51 of which horrifically occurred on K-12 school premises. This is the highes ..read more

We're all in favor of a delicious burrito bowl. But watching the video of an Ohio woman hurling her freshly made Chipotle bowl into a restaurant employee's face is enough to put anyone off their lunch. Earlier this month, the 39-year-old Chipotle chucker was found guilty of assault and received a unique punishment: One month in jail and two months of work in a fast-food restaurant. The sentence seemed to strike a chord with many who have worked in food service or retail jobs and dealt with outrageous customer behavior (this writer included). It's also a good example of the ..read more

Fulton County District Attorney Fani T. Willis' racketeering case against Donald Trump and 18 of his lawyers, former lawyers, and allies appears to be gaining momentum. First filed in mid-August 2023, the indictment lays out a long list of alleged crimes committed by Trump and his team in the aftermath of Trump's loss to President Joe Biden in the 2020 presidential election. Trump faces 13 felony charges in the case. Many of the charges are predicated on or informed by Mr. Trump's well-publicized actions, including an infamous call between Trump and Georgia Secretary of State Brad Ra ..read more