DOUBLE WHAMMY
India Legal|October 3, 2022
An lowa court judgment ordering a teen victim of rape to pay $1,50,000 to her rapist's family has brought into focus restitution law, which activists call harsh. In India, courts have often sided with the victim
Advocates Saju Jakob, Lily Thomas Jr and Mili Verma
DOUBLE WHAMMY

IN the last two weeks, huge protests have erupted over a shocking judgment by a US court. In the case, a trafficked and raped teenager was ordered to pay a compensation of $1,50,000 to her rapist.

The court in question, in Iowa, sentenced the 17-year-old girl in the second week of September 2022 to five years of probation for stabbing her she was rapist to death. Additionally, ordered to pay $1,50,000 to the tormentor's family. This judgment shook many people globally as it was inconceivable that the Des Moines Attorney's office would try a teen sex slave for murder admittedly for killing her tormentor out of vengeance.

Matthew Sheeley, one of attorneys, argued that her actions were directly linked to her status as a victim of human trafficking. Arguing against the requirement that she pay the deceased's estate, he told the judge: "I don't think the Iowa legislature intended to require a 15-year-old girl to pay $150,000 for her rapist's estate." But the trial court was of the opinion that the Supreme Court of the concerned jurisdiction upheld the restitution law when it was challenged earlier before the appellate court. According to the judge, the verdict gives the victim a second chance. Many observers around the world, however, felt the restitution clause was unnecessarily harsh.

This story is from the October 3, 2022 edition of India Legal.

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This story is from the October 3, 2022 edition of India Legal.

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