An Oklahoma senator has proposed a new law named after shooter Kyle Rittenhouse in support of victims of ‘malicious’ prosecution.
The law follows news of the 18-year-old being acquitted of five felony charges after he shot three people in August 2020.
Despite the backlash which followed the not guilty verdict, on Tuesday, November 23, state senator Nathan Dahm filed Senate Bill 1120 for ‘Kyle’s Law’ which seeks to compensate supposed victims of ‘malicious prosecution’.
Dahm, a Republican, who is running for the US Senate, seeks to have any person who is ‘charged with murder’ but ‘found not guilty due to justifiable homicide’ reimbursed for ‘all reasonable costs, including loss of wages, legal fees incurred, and other expenses involved in their defence’, Daily Wire reports.
His office stated in a press release:
When a homicide is determined to be justified and the accused establishes that they had sustained injury due to malicious prosecution, then that person will be awarded fair and just compensation.
SB 1120 further states that in order to support a claim of malicious prosecution, the claimant must establish that the prosecution was instituted or instigated by the prosecutor and was without probable cause; that the prosecution had legally and finally been terminated in favor of the claimant; and that as a result of the criminal prosecution, the claimant sustained injury.
According to the bill, if the ‘motive for the prosecution was something other than a desire to bring an offender to justice, or that it was one with ill will or hatred, or wilfully done in a wanton or oppressive manner and in conscious disregard of the claimant’s rights’, then ‘malice’ can be established.
‘Under the legislation, a prosecutor may be held personally liable to a claimant if malicious prosecution is established’.
In Dahm’s view, Rittenhouse ‘should never have been charged’.
He deemed the teenager’s actions as ‘lawful self-defence’ on the basis of ‘video evidence,’ and stated there is a ‘duty to protect the rights of the people we represent, and the right to self-defence is paramount’.
Dahm concluded, ‘The bill will ensure that what happened to Kyle Rittenhouse cannot happen to the people of Oklahoma’.
If you have been affected by any of the issues in this article and wish to speak to someone in confidence, contact Stop Hate UK by visiting their website www.stophateuk.org/talk
Chosen for YouChosen for You
Most Read StoriesMost Read