Jeffrey Epstein's victims lose court fight

Link to the Opinion of the Court, concurrence and dissent.

This was before a three Judge panel of the United States Court of Appeals for the Eleventh Circuit. The case was In re: Courtney Wild on her Petition for a Writ of Mandamus directed to the United States District Court for the Southern District of Florida.

United States Circuit Judge Kevin Newsom wrote the Opinion for the majority, joined by Senior United States Circuit Judge Gerald Bard Tjoflat, who also wrote a separate, brief concurrence. Senior United States Circuit Judge Frank Hull dissented sharply from the ruling.

Petitioner Courtney Wild was 14 at the time Jeffrey Epstein abused her.

This case revolved around whether the Crime Victims’ Rights Act of 2004 required prosecutors to confer with the victims or their attorney’s prior to reach the non-prosecution agreement with Epstein in 2007. It is an undisputed fact that prosecutors ignored the victims in 2007 and did not even talk to them before executing the agreement.

The majority ruled that because no charges had ever actually been filed against Epstein at the time, the CVRA did not apply.

Not sure yet how I feel about this difficult case of statutory interpretation. It is an unfortunate outcome, even if it proves to be the legally correct out come and Ms. Wild did get victimized twice, first by Epstein, then by the prosecutors.

Congress may need to further clarify this statute to prevent this from happening again.