There are more than 300,000 sexual assault victims every year in the US. Unfortunately, most sexual assault perpetrators are never sent to jail. Even if an abuser faces criminal penalties, victims are still left to deal with serious and ongoing harm. Fortunately, there are ways to hold sexual attackers and their enablers accountable in civil court, whether or not there was a criminal conviction against the abuser.

Were you or a loved one sexually abused? You can have the grounds to file a personal injury lawsuit against the party that abused you or didn’t prevent the sexual abuse.

State laws allowing sexual abuse survivors to file civil claims that can help them obtain justice and compensation for their ordeal. Speak to a sexual abuse attorney in your community about filing a personal injury lawsuit against the liable party. The attorney can review the case and determine if the allegation can be proven and who can be held liable.

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Working With A Sexual Abuse Attorney

In civil law, sexual abuse falls under the umbrella of personal injury law. As a sexual abuse survivor, you should retain an experienced personal injury attorney who has experience handling sexual abuse cases. A sexual abuse lawyer will know how to hold perpetrators and institutions liable for your harm whenever possible.

The physical, emotional, and mental damage you can sustain from a sexual assault can lead to long-lasting issues for you and your loved ones. A sexual abuse skilled attorney understands the sensitive and painful nature of these cases. They can offer you peace of mind by assessing your potential compensation for your ordeal and taking the stress of the legal process off your hands.

An attorney can also identify when there should be a civil claim against the organization whose negligence may have contributed to the abuse. This is highly important to seek full justice in sexual abuse cases for many reasons.

The criminal justice system can punish the sexual abuser for their actions with jail time and fines. But you, as the victim, may not receive proper justice for the nightmare. Also, the criminal case won’t punish a property owner, business, or organization that did not properly keep people safe. You only can get compensation for physical or emotional damages by filing a civil claim.

Proving these cases is difficult, but your sexual abuse attorney knows how to collect substantial evidence to prove the claim. They also know how to build a persuasive sexual abuse case that can lead to compensation in a settlement or court case.

Sexual Assault And Abuse Statistics

Sexual assault and abuse are growing issues in the US, where recent data shows that 50 percent of women and one-third of men have experienced sexual violence. As noted below, sexual assault and violence involves any sexual behavior that occurs without consent, such as rape, attempted rape, or forcing a person to engage in sexual acts.

In the US, minors are not exempt from sexual abuse and assault. About 50 percent of rape survivors were first assaulted as minors. It’s estimated that 433,000 people experienced sexual assault or rape annually in the US among people 12 and older. Every 68 seconds, another American experienced sexual assault. Those at highest risk of sexual assault are between 12 and 34.

The US Department of Justice states that only one-third of sexual assaults are reported to law enforcement. This means that two-thirds of sexual abuse cases are unreported, and many survivors don’t report them because of shame or fearing retaliation.

Sadly, up to eight out of ten sexual assault survivors knew the person who assaulted them. The most commonly known assailants are family members, acquaintances, or current romantic partners.

What Is Sexual Abuse And Assault?

State laws define sexual assault and abuse as a variety of acts. The main differentiator with sexual assault and abuse cases, as opposed to legal sexual contact, is that the sexual contact is non-consensual. The alleged act sometimes involves a minor who cannot consent under state law.

For example, in Georgia and many states, anyone under 16 cannot give consent. A person has committed statutory rape if they engage in sexual intercourse with a person under 16 that is not their spouse. Also, someone with a developmental disability or who doesn’t have the mental capacity to make reasonable judgments on their own cannot give consent for sexual activity.

Some common types of sexual abuse and assault are:

  • Unwanted touching and fondling
  • Rape
  • Statutory rape
  • Incest
  • Stalking
  • Groping
  • Penetration
  • Sodomy
  • Child enticement

There are two ways to take action if someone sexually abused or assaulted you. First, your attorney can help you file criminal charges if there is enough evidence. However, remember that criminal cases must be proven beyond a reasonable doubt, which can be challenging, mainly if the alleged abuse occurred years ago.

The other option is to file a civil case against the person who allegedly assaulted you and possibly the organization or institution where the abuse occurred.

Institutional Sexual Abuse

Many states describe sexual abuse and assault as sexual assault by anyone with supervisory or disciplinary control over another person. Unfortunately, some individuals abuse their power in various institutions, and sexual assault is common in these situations.

For example, while medical professionals and workers in medical facilities are trusted to care for patients, sometimes they abuse their trust. Sometimes, patients in hospitals, mental health facilities, or nursing homes can be sexually abused.

It’s natural to want to pursue a civil lawsuit against the person and institution who caused the abuse, but these cases can also involve criminal charges. Law enforcement will proceed with any criminal case that is filed, but your personal injury attorney will handle the civil lawsuit. It isn’t required for there to be a criminal prosecution for the civil claim to be successful, but proof found in a criminal case can be useful for pursuing compensation.

Who Can Be Liable In A Sexual Abuse Case?

There can be value in filing a lawsuit against your alleged abuser. However, in many cases, the perpetrator lacks assets that can be seized in a successful claim to pay for your losses. However, there are many cases where sexual abuse occurred in a business, facility, or institution that failed to look out for victims of sexual abuse. In some claims, the company or entity may be liable for not protecting you in a personal injury claim.

For example, businesses, such as hotels, bars, nightclubs, and apartments, should have sufficient lights, gates, and security personnel to protect customers, residents, and visitors. State law in Georgia requires business owners to take reasonable measures to safeguard people invited onto their property. Business owners who know about earlier crimes should take reasonable measures to ensure that residents and guests aren’t at risk.

Further, facilities such as schools, treatment centers, and churches must take steps to ensure that all patients, members, and students are at risk of sexual abuse and assault. For example, institutions should perform background checks to hire moral people. After hiring, the institution should train the personnel to behave properly and be monitored and supervised.

It can be beneficial to hold the organization or institution liable for negligence and create an environment where the alleged abuse occurred. Many individuals who engage in sexual abuse don’t have the assets or money to pursue a lawsuit. Instead, going after the business or institution involved may be helpful.

It is possible that a sexual assault attorney can pursue damages where a party or entity made it possible for the abuse to happen. Potential examples where you can have a case are:

  • Sexual assault in an apartment complex or business with inadequate security, lighting, or security cameras.
  • Sexual assault in a hotel or motel with inadequate security or broken locks or windows.
  • Sexual assault during a massage at a massage parlor or gym.
  • Sexual assault or sexual contact by a medical professional, doctor, or psychiatrist.
  • Sexual assault or contact by a teacher at a school, church, or any educational institution.
  • Sexual contact or assault by a coach on a high school or college team.
  • Sexual assault or rape by a religious leader to whom you put your trust.
  • Sexual assault or contact when you were under anesthesia.
  • Sexual assault when you were in a parking lot with inadequate lighting and poor security.
  • Sexual assault involving a caregiver.
  • Sexual assault and abuse by a probation officer or law enforcement officer.

Talk to a sexual assault attorney if you were abused or assaulted, and a lack of security or supervision may have made it possible for the situation to occur. An attorney can review your case confidentially and determine your next legal steps.

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How To File A Sexual Assault Lawsuit

Filing a lawsuit for sexual misconduct may be the best way to obtain compensation from your abuser and their institution, but these cases require substantial evidence. Your sexual abuse attorney will work with you to prove the following:

  • The abuser or attacked caused purposeful harm or engaged in inappropriate sexual contact.
  • You didn’t consent to the contact or were legally unable to consent.
  • The sexual abuse or contact occurred.
  • You suffered injuries and damages from the misconduct, such as pain and suffering and emotional trauma.

You must prove these elements to obtain compensation. The defendant also can agree to a settlement to keep the case out of a courtroom. You should always retain a qualified sexual abuse attorney who knows how to assemble a strong case.

Potential Damages In A Sexual Abuse Claim

If you win your civil lawsuit for sexual abuse, you can receive compensation for economic and non-economic damages. Compensation in a lawsuit is supposed to address financial and non-financial losses, including those that affected you emotionally and physically.

No two sexual abuse and assault claims are the same, but many civil lawsuits of this type seek compensation for the following:

  • Current and future medical expenses
  • Mental and psychological damage from the assault, such as PTSD and anxiety
  • Psychological therapy bills
  • Pain and suffering
  • Lost earnings

In some sexual assault cases, punitive damages can be awarded. Punitive damages are not provided for any specific loss but to punish the defendant for their actions. The judge can award punitive damages in a sexual assault case to deter others.

How Much Compensation Can You Receive In A Sexual Abuse Lawsuit?

If you file a claim against your abuser and their institution, you can receive compensation for your losses. It’s possible to receive tens or hundreds of thousands in economic and non-economic damages with the help of your personal injury attorney. If you’re a sexual abuse victim, hiring a skilled sexual abuse attorney can ensure that you obtain fair compensation.

Hiring a skilled sexual abuse attorney makes it easier to understand your case’s value and go after fair compensation. Your case can be worth thousands to hundreds of thousands or millions, but every case is different.

Sexual Abuse Statute Of Limitations

It’s difficult to discuss sexual abuse, and some plaintiffs keep it a secret for years. This is common, especially if the abuse occurred when you were a minor.

In many states, the statute of limitations for filing a personal injury claim is only two years from the injury date. However, for those who were under 18 when the abuse happened, you may have up to your 23rd birthday or longer to file due to important exceptions in the law. You also can be eligible for a two-year extension if you weren’t aware of the abuse and file within two years of discovery.

Have a sexual abuse attorney review your case today to learn your legal options. You want to file the claim before the statute of limitations expires.

Speak To A Sexual Abuse Attorney Today

The effects of sexual abuse and assault can last forever. You can be entitled to compensation if you are a victim of sexual abuse or assault. Speak to a sexual abuse attorney today in a confidential and free consultation to understand your legal rights. You can be entitled to compensation for your pain, suffering, and mental anguish related to the incident or incidents.

It’s essential to have a sexual abuse lawyer handle your case. These claims are difficult to prove, and the potentially liable institution or insurance company will put up a fight. Your experienced attorney knows how to construct these difficult claims and search for evidence to prove the allegations.

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