Thursday, 31 March 2011

Date Rape Defense Can Be Complicated

The very definition of date rape makes defense of such offenses much more complicated than other types of sexual assault. Date rape is forced sexual conduct between two people who are known to each other. These people are familiar to each other, may have a social association, and could even be in a romantic or even sexual relationship. The fact that the two people were known to each other, and could have been involved in a sexual relationship or a social relationship, is not a defense to such charges.

Van Nuys date rape defense attorneys
say that accusations of date rape are oten made when the woman in question had too much to drink, passed out, and therefore, does not remember giving consent to any sexual encounter. The woman in a situation like this is likely to allege that she didn't give consent to sex, and had a drug slipped into her drink.

Not all date rape cases involve allegations of drug use. Any sex that involves two people who are known to each other and the woman alleges she did not give consent to sex, can be classified as a date rape. Van Nuys date rape defense lawyers often come across cases where women make such allegations to lie their way out of a situation when they have been caught cheating on their spouse or boyfriend. In other cases, women may make accusations of date rape in order to get back at the alleged offender.

What makes date rape defense even more complicated is that whether the defendant engaged in sex with his victim is not a topic of contention. It is assumed that the two had sex. The only issue is whether the victim gave consent. Unfortunately, law enforcement officers very often may give credence to a victim’s account of events, and may make few efforts to complete investigations into the credibility of the victim’s story. Such actions can end with serious consequences for the person charged with date rape.

Monday, 21 March 2011

Darvocet & Darvon Withdrawn Due to Cardiac Health Risks


Last month, the Food and Drug Administration finally acted to remove the painkilling drug propoxyphene, sold under the names Darvocet and Darvon, from the market altogether. The drug had been approved by the Food and Drug Administration back in 1957, and has been available for more than 50 years. It is an opiate pain reliever that has been used to treat mild to moderate pain. However, complaints linking Darvocet and Darvon to adverse cardiac effects have been around for years now.

Since 1978, the Food and Drug Administration has received at least two requests to remove the drug from the American market. However, the Food and Drug Administration has determined that the beneficial effects of the drug are far greater than any adverse health effects from its use. In 2009, the agency finally acted against the sales of the drug, when an FDA committee voted against the marketing of the propoxyphene. Later that year, the agency decided to allow continued marketing of the drug, but required manufacturers of Darvocet and Darvon to include a warning label on the packaging, informing consumers and doctors about the cardiac health risks with the use of these medications.

The agency also required that manufacturers conduct new studies into the safety of the use of propoxyphene on cardiac health. The study found that even when propoxyphene was taken at recommended levels, there was a serious effect on the heart. There was a change in electrical cardiac activity that posed a risk of serious, abnormal heart rhythms. This could even lead to sudden death. The study also found that a patient on Darvocet and Darvon may be at a special risk of sudden and serious side effects even if there were minor changes in the patient's health, like dehydration. Last year, the Food and Drug Administration announced a recall of Darvon from the market after studies conclusively proved that the drug increased the risk of cardiac arrhythmia or sudden cardiac death

Sunday, 20 March 2011

Test to Determine When It Is Safe to Drive after a Stroke

For families of people who have suffered a stroke, it can be hard to determine when the person can safely begin driving again, or whether he can drive again on his own at all. A new study published in the February issue of Neurology outlines three simple tests that stroke victims can perform to determine whether they can safely begin to drive again.

The researchers analyzed previous clinical trials on more than 1,700 stroke victims. These victims were of an average age of 61 years. The studies involved three in-office tests that were taken about nine months after a stroke in the doctor's office. The first test was a roadside recognition test to assess the person's visual comprehension skills, as well as his knowledge of traffic signs. The second test was to examine the mental state of the patient and his visual perceptual abilities. The third test was a trail making test that measured the patient's visual motor abilities as well as his visual scanning capacity.

The stroke victims were ranked based on their performance in tests. Patients who scored below 8.5 out of 12 on the roadside test or scored 25/32 on the compass test, and took a time of more than 90 seconds to complete the trail making test, were considered to be highly likely to fail a road test. At least three or four other studies have confirmed that persons who had been cleared to drive after they had a stroke, suffered no increased risk of accidents.

California injury lawyers would advise that people who have suffered a stroke to consult with their doctor about these tests, and use these to determine whether they are ready to begin driving again. Besides a physician, a neuropsychologist and an occupational therapist can also help these persons determine their driving abilities.

Friday, 18 March 2011

Few Surprises in Charlie Sheen's Wrongful Termination Lawsuit

({{Information |Description ={{en|1=Charlie Sheen in March 2009.}} |Source =cropped from: http://commons.wikimedia.org/wiki/File:CharlieSheenMarch2009.jpg |Author =Angela George at http://www.flickr.com/photos/sharongraphics/ |Date )Last week, Charlie Sheen filed a $100 million lawsuit for wrongful termination against Warner Bros. as well as the executive producer of his hit TV show, Two and a Half Men. Sheen’s lawsuit however claims that he's suing on behalf of the entire cast and crew of the show.

For those in the media following Sheen’s antics over the past few weeks, his sacking from the show wasn't exactly a surprise. To Los Angeles wrongful termination lawyers, the $100 million wrongful termination lawsuit against the show’s production house Warner Bros. and executive producer of the show Chuck Lorre also wasn't much of a surprise. However, Sheen is suing for $100 million plus punitive damages over Warner Bros. Television's decision to shutter the sitcom for the rest of the season, and for sacking him, the star of the show. The lawsuit was filed recently in Los Angeles Superior Court.

In its letter announcing the termination, Warner Bros. has cited Sheen's arrest on charges of assaulting his wife, and his subsequent guilty plea, for its decision. According to Warner Bros., Sheen's personal issues do not allow him to do his job properly. Sheen’s lawsuit however alleges that Warner Bros. gave in to Lorre’s desire to punish Sheen and scrapped the series for the rest of the season. The star is demanding that the producers pay for eight episodes of the show that were scrapped this season. According to the lawsuit, the decision to cancel the eight episodes from this season was made because the producer Chuck Lorre hates Sheen, and because he wanted to focus on his other hit TV shows.

What could make Sheen’s lawsuit troublesome would be his erratic behavior over the recent past. His antics have been well-documented on television, and he spent most of the recent past before Warner Bros. announced it was firing him, putting up a seemingly bizarre performance on every TV show out there. A jury may have a harder time understanding that he is the wronged one here.