A New Legal Strategy in Sexual Assault Cases
Submitted by Mastodon on Thu, 2023-06-15 23:11
Article here. Excerpt:
'A recent Title IX case at King’s College in Pennsylvania has highlighted what experts say is a new legal strategy for sexual assault victims whose alleged attackers take the aggressive approach of filing a counterclaim.
The strategy hinges on the argument that a malicious Title IX counterclaim can qualify as “abuse of process,” a term that traditionally refers to abuses of the legal process. But a recent report from a federal magistrate judge supports the idea that the Title IX process is quasi-judicial and can be abused just as a legal proceeding can—despite universities’ frequent disclaimers that Title IX processes and legal proceedings are not one and the same.'
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