Call us now
or use the form below.
According to the U.S. Department of Justice, 100 percent of reported rapes, 39 percent of attempted rapes and 17 percent of sexual assaults against females from 1992 through 2000 resulted in injured victims. If you have been the victim of sexual assault, contact an attorney who specializes in personal injury resulting from sexual assault to review your options and determine whether any compensation is available to you.
Links for Sexual Assault Personal Injury Claims
Sexual Assault
WomensHealth.gov offers advice on what to do in case of sexual assault and links to resources on the topic.
Office on Violence against Women
OVW, as part of the US Department of Justice, is committed to protection and justice for women who are victims of violence, including sexual assault.
MedlinePlus: Rape
This Web site gives information on how to deal with sexual assault and links to numerous articles and resources.
Men and Sexual Trauma
The US Department of Veterans Affairs provides information about the impact sexual assault can have on men.
National Sexual Violence Resource Center
NSVRC offers information, statistics and resources on sexual violence.
Cook County, Illinois Sexual Assault Lawyer
Sexual Assault Personal Injury - An Overview
Sexual assault is generally defined as sexual activity carried out forcibly or under threat of injury and against the victim's will. Legally, sexual assault involves not only a crime, but also may give rise to a civil claim against the perpetrator. This means that the victim of the assault may be able to sue the perpetrator for compensation for the victim's injuries. In addition, the victim may have a case against a third party whose negligence made the assault possible. If you, your child or another loved one has been sexually assaulted, do not hesitate to seek legal counsel from an experienced attorney to protect your interests.
Taking Legal Action against the Assailant
If a victim suffers physical, emotional or financial injury arising out of a sexual assault, he or she may have several options for bringing legal claims against the assailant. In addition to a claim of assault, an action against the perpetrator may include battery, false imprisonment, intentional infliction of emotional distress, stalking or negligent transmission of a sexually transmitted disease. Although the matter could end up in court, the victim may try to negotiate a settlement out of court before the trial. Unlike in some criminal cases, the decision to begin a civil lawsuit is the victim's choice.
Generally, it is easier for the plaintiff to prevail in a civil case than in a criminal case. In a civil case, the plaintiff's attorney need only convince the judge or jury that his or her version of the facts is "more likely than not" rather than "beyond a reasonable doubt." This is one reason some defendants settle out of court, rather than risking an unpredictable money judgment and a public trial.
Taking Legal Action against a Third Party
Under some circumstances, a victim may choose to file an action against a third party who is partially responsible for the sexual assault. Such actions are generally based on negligence, and the plaintiff must establish that the defendant owed a duty to the plaintiff; the duty was breached; the plaintiff suffered injury; and the defendant's breach caused the injury. Causes of action against a third party might include premises liability, parents' negligent failure to supervise their children, parents' vicarious liability for their children's acts, negligent hiring of employees or the negligent failure to supervise employees. In some cases, the third party's insurance may cover the claim.
Conclusion
Criminal prosecution is a valuable tool for holding a sexual assault perpetrator accountable; so is a civil action in which the plaintiff seeks monetary compensation for his or her injuries. If you have experienced sexual assault, contact an attorney for help in assessing your situation and determining whether a civil action is a good choice for you.
Copyright ©2009 FindLaw, a Thomson Business
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
