Sexual assault is traumatic, and the effects can stay with a person for a lifetime. The assault leaves them worried about their safety and well-being, and they might find it difficult to trust others. The victim must focus on their recovery while ensuring they get justice. Finding the proper legal support allows the victim to navigate this journey effectively.
Criminal or Civil Action?
The first thing a person must decide before hiring an attorney is whether they want to file a suit in civil court. The person responsible for the assault may be tried in a court of law, with the state or federal government handling the prosecution. The goal of a criminal suit is to hold the individual responsible for their actions and protect society from harm. The victim will testify in court about the assault to bolster the prosecution’s case.
When a victim decides to sue their attacker in civil court, they must initiate the action and hire an attorney to represent them. A civil lawsuit aims to seek compensation for the harm the victim suffered. The government plays no role in a civil suit.
Civil Lawsuits and Sexual Assault
When a victim files a civil lawsuit in a sexual assault case, they may seek compensation for battery, assault, and other harm. Battery occurs when a person touches another intentionally without that person’s consent and causes harm when doing so. Assault is when a person threatens harm or tries to harm someone, knowing that doing so will cause them to be fearful.
A victim may also sue for emotional distress resulting from the incident. Doing so holds the attacker liable for their actions. The victim may also sue third parties who may have been negligent in preventing the assault or failing to respond when the assault was reported. An experienced attorney will help the victim determine who to sue.
The Role of the Attorney
The attorney advocates on behalf of the victim. They support the victim throughout the legal proceedings. In addition, they investigate the assault and gather evidence to prove the victim’s claim. If the accused wishes to settle the matter without going before a judge, the lawyer handles the negotiations and any settlement. The lawyer represents the victim in the courtroom when the defendant opts to go before a judge or the parties cannot agree.
Seeking Damages
Victims may seek damages following a sexual assault. Compensatory damages cover any economic and non-economic losses the victim sustained as a result of the assault, including therapy fees and lost wages. Punitive damages punish the responsible party and reduce the risk of similar assaults. The victim might also seek injunctive relief to prevent the responsible party from harassing or victimizing them in the future. Any person who is the victim of a sexual assault needs help immediately. An attorney can assist them in seeking justice and provide legal support and resources to help the victim. No person should have to go through this process alone, particularly when they wish to seek compensation for the emotional harm and injuries they sustained. The attorney helps the victim assert their right while pursuing justice. Doing so helps the victim on their path to healing. Contact an attorney today and begin this journey so the matter can be resolved and the victim can move forward with life, knowing those responsible are paying for their actions.
