A person's negligence can result in personal injury, even when the negligent party probably didn't intend to hurt the victim.
Contrarily, this is rarely the case when a person has been the victim of sexual assault. The ‘personal’ and ‘intentional’ aspects of an attack seem amplified if the perpetrator decides to target you or a loved one for physical or emotional harm.
You or a loved one can count on Wagners Lawyers or any legal advocate from a reputable law firm, as they have the expertise and experience when it comes to sexual assault cases.
They’ll help you file a civil lawsuit against the perpetrator or people who helped them carry out the crime, so you can get just compensation for the damages incurred. Although filing a civil case won't change what's already happened, it can help you put an unpleasant chapter of your life behind you and move on with your life with renewed optimism.
Defining Sexual Assault
By legal definition, sexual assault occurs when one person engages in sexual contact with another without the other person's consent. Specific instances and categories of sexual abuse behavior are spelled out in the law.
An unwanted sexual contact is a common form of sexual abuse. Sexual actions such as oral sex and penetration are included in this definition. In many cases, including those involving children, consent can’t be used as a defense for sexual abuse or criminal sexual activity.
Criminal Case Vs Civil Case In Sexual Assault
Sexual assault is a serious offense. Because of this, such crimes lead to an investigation by the police and possible criminal charges from the government. A criminal sex abuse case and a civil sex abuse case have different purposes, and it’s important to recognize these differences.
The state files criminal charges against an offender when that person is suspected of having broken the law. A criminal conviction can result in various consequences, including time behind bars, supervision, and being labeled a sexual offender. The state, not the victim, files criminal charges. Therefore, a judge's ability to force a criminal defendant to pay damages to an injured victim is severely constrained.
The injured party files a personal injury lawsuit to obtain compensation for their losses. An important distinction is that in civil proceedings, as opposed to criminal ones, the burden of proof is lower, making it easier to prove your case. Even if a sexual assault perpetrator wasn’t found guilty after government charges were filed, the victim could still file a civil claim. A victim of sexual assault who wins legal action might receive monetary and non-monetary compensation for their suffering.
How A Personal Injury Lawyer Can Help
A personal injury lawyer competent in civil tort law is essential when dealing with sexual assault. However, not all personal injury attorneys have handled sexual abuse cases before, so choosing one is crucial.
|Here's how a personal injury lawyer can help in a sexual assault case:|
1. Having expertise in the law pertaining to your rights and alternatives for claiming compensation, as well as any other forms of aid and resources that may be available to you
2. Providing details about the statute of limitations and other prerequisites for filing a personal injury lawsuit
3. Facilitating the calculation of the economic and non-economic losses you or a loved one has sustained due to the abuse. Economic damages can include the price of medical care for injuries, pregnancy, or STI brought on by the abuse, the price of counseling to help you cope with the emotional effects of the abuse, and time away from work, among others. Non-economic damages, on the one hand, include a victim's emotional discomfort, worry, or depression, as well as any loss of life's 4. pleasures or other intangible consequences.
5. Giving advice regarding the responsibility of every person or organization that might be held responsible for the case
6. Attempting to obtain a financial settlement and recovering damages from an insurance company that covers the abuser or other possible culpable party. This is especially important in cases of abuse involving institutional authorities, such as teachers, clergy, or facility employees.
7. Taking the necessary legal steps to file a personal injury lawsuit on your behalf
8. Representing you at any and all pre-trial conferences and hearings
9. Legal representation in the event the defendant files an appeal
One of life's most harrowing experiences is becoming the victim of a sexual assault. And, as horrible and horrifying as that moment was, the victim frequently faces an uphill battle to get the justice they deserve.
Assailants in sexual assault cases might use any means they see fit to encourage their victims to forget and keep the incident a secret. The offender may attempt to silence the victim by casting doubt on their veracity if the victim comes forward.
While the police investigate the criminal facets of the incident, you need apart from the sexual abuse lawyer, a personal injury lawyer who can provide compassionate legal counsel and support at every stage of the case.