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#528953 02/17/18 06:46 AM
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dabunk Offline OP
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Last edited by dabunk; 02/17/18 06:52 AM.
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Yes, sad. But I am glad the lady has chosen to press charges and seek justice through the court.

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dabunk Offline OP
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I just wonder if she can stay here for 2 or 3 years before it ever comes to court

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These types of crimes have a quicker time slot on the docket and there is a quick court especially for tourists. She wouldn't need to stay here the whole time either. She can have an attorney who represents her except for when she needs to provide her first hand testimony.

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We need to adopt the Guatemalan changes in law for crimes against tourists, double time, statements accepted in court without the victim having to be present and more... Protect the industry that provides for the most people.

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We don't yet have a double sentence for crimes against tourists, perhaps because each and everyone of our citizens is equally as important as a visitor per our constitution and basic human rights and British Common Law. However we do have a mechanism in place for statements to be accepted in court without the victim needing to be present - but the victim must have a representative such as a justice of the peace who took the statement and has met the victim and heard the whole story from the victim's side.

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I've been told that in lieu of staying in country for a trial crime victims can give testimony to a JP who can testify in their place in court. I did something similar years ago in California when I was robbed and the police officer who took my statement went to court for me resulting in a conviction.

But I've also known tourist violent crime victims who gave their testimony to a JP and left the country fully believing that they had pressed charges. As soon as they were gone the rumor mill said "so sad, typical tourists didn't want to press charges". According to an officer who was asked, they ignored the charges and the testimony because they were afraid of the family of the accused.

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Yes a JP can act and testify on behalf of the victim.

Joined: Jun 2008
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I think the problem may be that at the time of the actual trial if the accused pleads innocent he (his lawyer) has a right to question the accuser. There maybe a mechanism in Belize to do this without her presence but normally on a crime this serious the accuser would be there in person. Of course the problem usually comes up in the US especially where the case finally gets to court there is a continuance for one reason or another. The accuser gets tired of the time; effort and expense involved doesn't show or withdraws and the case is thrown out.

Now in the case of a robbery or such with maybe other evidence and this might not be needed but when there are only two people who know what happened??????

Not a perfect system but I think we can all agree that both the accuser and the accused rights need to be protected.


Jim
Formerly from somewhere on a beach in Belize
Joined: Feb 2009
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" both the accuser and the accused rights need to be protected.".............thank you Ragman
There was a whole lot of drinking going on the night of the 'alleged' rape. Who knows what actually happened.......??
Many, many tourists, as we know, 'check their brains at the airport' when they arrive.

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