Being a victim of a sexual assault can be one of the most mentally debilitating things that you ever have to go through. While there is no way to actually undo the damage that was done, some form of compensation might still be available. If you are a victim of sexual abuse and want to sue, here are some things you should know.
Receiving Monetary Justice
Because a sexual assault is a criminal act, the only justice the criminal court can give is jail time, probation and fines to punish the assailant. In order for you to receive any sort of monetary compensation, you must go through the civil court and file the necessary paperwork there. You should know that judgements in sexual assault cases can vary significantly as the awarded amount is based on a number of factors:
- The state where the assault took place
- Details of the assault
- How long the victim will need to recover
Getting the Ball Rolling
First and foremost, you should know that there isn’t an actual way to literally sue for sexual assault per se. What your lawyer would have to do is file a suit as a personal injury which would fall under cause of action when it comes to civil disputes. Some common types of personal injury cases include a car accident or an injury on the job, as these are clear causes of action where a civil suit can be filed.
Therefore, in regards to sexual assault, because you will more than likely be suffering with emotional and physical trauma, you might be able to be compensated for your pain and suffering as well.
Challenges With Getting Paid
The huge difference when it comes to filing a lawsuit after having been in a car wreck as opposed to suing after you have been sexually assaulted is the ability to actually get paid. When you are hurt on the job or in a car, these companies, vehicles, et cetera are covered by liability insurance. Therefore, when you are awarded compensation, the money is being paid out from the insurance company and typically not the actual company or owner of the vehicle itself.
With that being said, when dealing with a personal injury case that is person to person, if you are granted an award, this would come from the perpetrator’s personal finances and assets. However, if the incident happened at a place of business or institution, you might be able to hold them responsible as well.
Proving Your Case
One of the best ways to help your civil suit is if you filed a criminal complaint that resulted in the prosecution of the perpetrator. In some cases, you might even be allowed to bring evidence of the criminal prosecution in order to help your civil case. This can still be allowed and help your civil case even if the perpetrator was not convicted. This is because the burden of proof in a civil case is much lower than that of a criminal proceeding.
Know Your Limitations
Unlike murder, most other crimes have a civil lawsuit statute of limitations when it comes to filing a criminal complaint as well as filing a civil suit. These limitations aren’t always the same in every state, so it is important that you know what the time frame is for filing in the state where the assault took place. Because there are different requirements depending on the circumstances, such as the age of the victim, it is important that you speak with an attorney as soon as possible.
Although receiving money won’t erase what happened to you, it can at least help to cover some of the expenses that you might encounter as a result of your assault. It can also be very satisfying to see your attacker brought to justice. While you might be healed physically, getting through what happened to you can be a long and expensive process as you might need to undergo therapy.