Sexual assault is a violent and traumatic crime that can have devastating effects on its victims. The physical, emotional, and psychological scars can last a lifetime, making it difficult for victims to move on and heal. It's important to understand that as a victim of sexual assault, you have the right to take legal action against the perpetrator.
At Eric Blank Injury Attorneys, we understand the sensitivity of sexual assault cases, and we are committed to providing our clients with the compassionate and effective legal representation they deserve. Our experienced attorneys specialize in handling sexual assault cases and will work tirelessly to ensure that you get the justice and compensation you deserve.
Any unwelcome sexual contact or behavior that occurs without the victim's permission is considered sexual assault. It is a criminal offense and is punishable by law.
Unfortunately, sexual assault is a pervasive problem in the United States. According to the National Sexual Violence Resource Center (NSVRC), one in every three women and one in every six men will be victims of sexual assault at some point in their lives. Furthermore, one American is sexually assaulted every 73 seconds. These figures are alarming, and they highlight the need for legal action to be taken against perpetrators of sexual assault.
Sexual assault can occur anywhere, although it is more common in particular areas. The majority of sexual assaults, according to the NSVRC, occur in or near the victim's home. Other common locations for sexual assault include public venues such as parks, parking lots, and bathrooms, as well as businesses, schools, and college campuses.
Despite the prevalence of sexual assault in the US, many victims do not report the crime or pursue legal action against their perpetrator. Fear of retaliation, shame, and lack of support are common reasons why victims remain silent.
There are several different types of sexual assault, including:
Sexual assault may have a devastating physical and mental impact on its victims, including:
When a sexual assault occurs, it is critical to take the following steps:
Filing a sexual assault lawsuit is crucial for victims to obtain justice and compensation. By holding the perpetrator accountable, victims can prevent them from causing further harm and recover financial compensation for losses, including medical expenses, lost wages, and pain and suffering. Some victims may also be entitled to punitive damages.
If you have been sexually attacked, get medical assistance immediately and keep any evidence that may help your case. Inform legal enforcement about the attack and provide comprehensive details about it, including when and where it occurred.
To build a solid case, work with an experienced sexual assault attorney who can guide you through the process and assist you in gathering evidence, such as witness testimonies and medical records. Your attorney can help you achieve the justice and compensation you deserve for the injury you have endured by representing you in court or during settlement discussions.
There are significant differences between criminal and civil sexual assault lawsuits. A criminal case involves the state or federal government prosecuting the perpetrator for a crime, while a civil case is brought by the victim seeking compensation for the harm they suffered. In a criminal case, the prosecutor must prove the defendant's guilt beyond a reasonable doubt, and if the defendant is found guilty, they may face imprisonment or fines. In a civil case, the victim must prove their case by a preponderance of the evidence, and if successful, may be awarded damages for their losses, such as medical expenses, lost wages, and pain and suffering.
Another significant distinction is the burden of proof in each type of lawsuit. The prosecution must show the defendant's guilt beyond a reasonable doubt in a criminal proceeding, which is a high standard of proof. In a civil proceeding, the victim must show their case by a preponderance of the evidence, which means that it is more likely than not that the defendant committed the assault.
Furthermore, the purpose of each type of case is different. In a criminal case, the focus is on punishing the perpetrator for their crime and upholding the law. In a civil case, the focus is on compensating the victim for the harm they suffered and holding the perpetrator accountable for their actions.
A victim can pursue both criminal and civil cases for the same assault. However, it's important to understand that the two cases are separate and have different standards of proof, burdens of proof, and objectives.
The sexual assault statute of limitations varies based on the state and jurisdiction where the assault happened. Some states have no statute of limitations for criminal sexual assault cases, while others impose a time restriction for filing charges. Similarly, the statute of limitations for civil lawsuits related to sexual assault also varies by state and can range from one to several years.
When it comes to choosing a lawyer to handle your sexual assault case, you want someone who not only has the necessary legal expertise but also understands the emotional toll that such an experience can take on you. At Eric Blank Injury Attorneys, we recognize that every case is unique and requires a personalized approach that considers the individual circumstances of each client.
We pride ourselves on our track record of success in sexual assault cases. At Eric Blank Injury Attorneys, we understand the sensitive nature of these cases, and we are committed to providing our clients with the highest level of care and support throughout the legal process. We know how important it is to gather all relevant evidence and build a strong case to ensure that justice is served.
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