What to Expect in a Civil Sexual Assault Lawsuit | Edwards Henderson

The aftermath of sexual assault takes a significant toll on survivors, causing physical, emotional, and psychological trauma. In addition, they may also suffer from financial losses such as medical bills, lost wages, and therapy expenses. A civil sexual assault lawsuit helps survivors seek the financial compensation they need — and deserve — for healing.

If you were sexually assaulted and are considering filing a civil lawsuit, a skilled sexual assault lawyer can guide you through the process of filing a civil lawsuit, and ensure your rights are protected every step of the way.

At Edwards Henderson, our experienced attorneys have helped countless survivors get the justice they deserve. Contact us to learn more about how we can help you.

What Is Considered Sexual Assault?

Sexual assault occurs when a person engages in any type of sexual activity without the other person’s consent. The definition of sexual assault can involve unwanted touching, fondling, or penetration, and is a violation of personal boundaries as well as a serious crime.

It can happen to anyone, regardless of age, gender, or sexual orientation. It often results in physical, emotional, and psychological harm that may last a lifetime.

In some cases, survivors may question if their experience qualifies as sexual assault. Others may take years or even decades to fully recognize and come to terms with their sexual assault history.

If you are unsure whether what you experienced qualifies for a civil lawsuit for sexual assault, a knowledgeable abuse attorney can provide guidance and legal support.

Sexual Assault Civil Lawsuit: How Does it Help?

Filing a civil sexual assault lawsuit is a crucial step toward healing and seeking justice for many. One of the primary reasons why individuals may proceed with a civil lawsuit is it provides an opportunity to seek monetary compensation from the perpetrator.

Unlike criminal cases, where the state initiates legal action, civil lawsuits are initiated by the survivor. This means that the survivor can directly hold the perpetrator accountable by claiming damages for sexual assault. In the legal sense, damages are typically in the form of monetary compensation.

Additionally, survivors may also file civil lawsuits against third parties, such as churches, schools, universities, hospitals, nursing homes, or organizations like the troubled teen industry. By suing these entities, survivors potentially receive more damages and shed light on their cover-ups or negligence. Hopefully, this mitigates future abuse and ensures responsible parties are held liable.

The civil justice system also provides survivors with an opportunity to have their voices heard, seek validation, and hold their perpetrators accountable in a different way than in the criminal justice system.

It’s worth noting that many survivors of clergy sexual abuse, in particular, have found justice and healing through civil lawsuits. These lawsuits not only helped survivors obtain compensation for their suffering but also exposed widespread institutional failures and cover-ups. While there is still much to be done, these cases led to institutional reforms, increased awareness, and better protection for vulnerable individuals.

Civil Lawsuit vs. Criminal Lawsuit

Survivors of sexual assault have two options for seeking justice: a civil lawsuit or a criminal lawsuit. Though both types of lawsuits address sexual assault, they have distinct differences in their purpose and process.

In a criminal lawsuit, the burden of proof is very high — the prosecution must prove the defendant’s guilt “beyond a reasonable doubt.” However, in a civil lawsuit, the burden of proof is lower and the survivor only needs to prove their case by a “preponderance of the evidence.”

Another distinction between civil and criminal lawsuits is the type of compensation awarded. In a criminal lawsuit, if the defendant is found guilty, they may face jail time and fines imposed by the court.

On the other hand, in a civil lawsuit, survivors can seek financial compensation for the damages they suffered, including pain and suffering, medical expenses, therapy costs, and lost wages.

In essence, criminal cases focus on punishing the offender, while civil lawsuits give survivors the opportunity to address the financial, emotional, and psychological consequences of the assault. Even if criminal charges are not filed or if the criminal case did not result in a conviction, people may still pursue a civil lawsuit.

Can I File a Civil Sexual Assault Lawsuit?

Sexual assault survivors have the right to pursue a civil sexual assault lawsuit. If you are a survivor considering taking legal action, contact a knowledgeable sexual assault lawyer to guide you through the process. A sexual assault lawyer can help you understand your legal options and determine the best course of action based on your specific situation.

An experienced attorney can assess the evidence surrounding your case. They’ll help explain any other relevant factors that may impact your lawsuit, including the statute of limitations on sexual assault in your state. Typically, there is a length of time people have to file a civil suit with some exceptions existing, like in the case of lookback windows.

Attorneys who specialize in abuse provide personalized guidance and support throughout the process. They ensure your rights are protected and help increase your chances of recovering the justice you deserve.

Sexual Assault Lawsuit: What Should I Expect?

When pursuing a sexual assault lawsuit, a clear understanding of the legal process helps you navigate the proceedings with confidence.

1. Gather Information

After finding the right sex assault attorney, they begin by taking detailed notes of your case. They’ll ask relevant questions to gather all necessary information. This list could include the perpetrator’s identity; your relationship with them; and the physical, mental, and emotional injuries you suffered because of the assault.

3. Pretrial Discovery in Civil Cases

Once your attorney has a clear understanding of your case, they will likely initiate pretrial events. This could include drafting and sending a demand letter notifying potential defendants of your intent to file a lawsuit. The demand letter outlines your claims and damages, opening the door for negotiations and potential settlement discussions.

During the pretrial discovery process, both sides exchange relevant information and evidence, including medical records, witness statements, and any other evidence supporting your claim.

Depositions may also take place, during which both parties ask questions under oath to obtain additional information. These depositions may provide valuable evidence for your case and help your attorney prepare for trial.

3. Settle or Go To Trial

Following the discovery process, the case may either proceed to trial or settle outside of court. Your attorney should guide you through the decision-making process, considering factors like the strength of your case, potential damages, and the likelihood of success in court.

During the trial or settlement negotiations, your attorney presents your case to a jury and advocates for you. They ensure only relevant and admissible evidence comes up in court and help you understand the nuances of the legal process.

What Sexual Assault Lawsuit Compensation Can Cover

In a sexual abuse civil lawsuit, people may seek financial compensation for a range of damages, including:

• Pain and suffering: This encompasses the physical and emotional pain and suffering experienced by the survivor due to the assault, including anxiety, depression, PTSD, and other psychological trauma.
• Medical expenses: The cost of any medical treatment, therapy, medications, or surgeries required as a result of the assault.
• Therapy costs: Expenses associated with mental health therapy or counseling for the emotional and psychological impact of the assault.
• Lost wages: If the survivor took time off work or was unable to work because of physical or emotional distress caused by the assault, they may pursue compensation for lost wages.
• Loss of consortium: If the assault caused strain or damage to the survivor’s personal relationships, they may be eligible for compensation for the loss of companionship, support, or affection from their loved ones.

Can I Be Sued for Defamation for Filing a Civil Sexual Assault Lawsuit?

In some cases, abusers may attempt to silence their targets by suing them for defamation for speaking out about their experiences. While anyone can bring a lawsuit, pursuing a defamation lawsuit requires financial resources.

Unfortunately, perpetrators with access to these resources could possibly threaten or file a meritless lawsuit. Perpetrators may use legal action as a means of continuing abuse or silencing those who speak out about what happened.

Making truthful statements regarding the assault, even if they damage the perpetrator’s reputation, is protected speech. To successfully sue for defamation, the person making the claim must prove that false statements were made with the intention of harming their reputation.

Additionally, in a matter of public concern and when public figures are involved, the plaintiff must prove that the false statements were made with actual malice. That means the statement was made with the knowledge of their falsity or with reckless disregard for the truth.

What is the Statute of Limitations for Filing a Civil Lawsuit?

The statute of limitations (SoL) for filing a civil lawsuit varies depending on the jurisdiction in which the lawsuit is filed. Each state has its own specific time limits for different types of civil cases, including sexual assault lawsuits.

Consult with a knowledgeable sexual assault attorney for the specific time limit applicable to your case.

Contact a Compassionate and Experienced Sexual Assault Attorney

If you are a survivor of sexual assault considering a civil lawsuit, you need a compassionate and experienced sexual assault attorney by your side.

At Edwards Henderson, our experienced attorneys have a national reputation for their compassionate approach and proven track record of achieving justice.

Our team is well-versed in the complexities of these types of cases and provides compassionate guidance every step of the way. Contact us today for a free legal consultation and take the first step toward getting the justice you deserve.