Open Courts Doctrine, Not Applicable to Victims of Sexual Assault

Freedom and Guns

February 2, 2012
By Gordon Howie

I met Robert Brancato a few weeks ago. I soon discovered that we have something in common… We both believe the State Legislature made a serious error when they passed HB1104. It stripped victims of sexual assault of their rights. It was bad legislation. This year, Robert is working with some Legislators to repeal this law. That would be a very good thing. Thanks to him for all his efforts, and for this article.

By Robert Brancato, Rapid City SD.

In South Dakota we live and respect both the Federal and State Constitutions. We have a Bill of Rights. We have a State Legislature that is made of elected official’s; both Republican and Democratic Parties are represented.

South Dakota’s Constitution clearly states in Article VI, Line 20: “All courts shall be open, and every man for an injury done him in his property, person, or reputation, shall have remedy by due course of law, and right and justice, administered without denial or delay.”

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