What Kind of Attorney Handles Sexual Abuse Cases?
If you’ve experienced sexual assault or another type of sexual violence, it’s important to understand what kind of attorney handles sexual abuse cases. Civil sexual assault abuse claims are handled by personal injury attorneys, while criminal cases are pursued by the criminal justice system.
Our sexual abuse lawyers help survivors nationwide explore their legal options and guide them through the civil lawsuit process. Whether you were harmed by an institution or by an unaffiliated person, we can help you seek justice. Contact us for a free consultation.
What Type of Lawyer Handles Sexual Abuse Cases in Civil Court?
There are significant differences between civil vs. criminal cases. The two are separate legal proceedings that can be pursued independently.
Criminal charges are intended to punish the perpetrator, such as through jail time. These require a law enforcement investigation, followed by a trial in which a prosecutor must convince a judge or jury that the individual is responsible. A criminal conviction for sexual assault would be on a person’s record.
In contrast, civil lawsuits are not about imposing criminal penalties; they are about seeking compensation for victims of sexual assault. The legal process involves gathering and presenting evidence, then negotiating with the parties for a fair settlement. A civil trial is not always necessary, especially when there are no complex legal questions.
Injury Lawyer Team practices personal injury law for sexual assault and abuse claims. In these cases, the primary focus is often on institutional liability, such as a failure to provide adequate security in nightclubs or on college campuses.
Are Sexual Assault Cases Considered Personal Injury?
Yes, sexual abuse is considered personal injury because it can cause physical injuries and emotional harm.
A personal injury lawsuit can be filed against any individual or institution involved based on negligence. This means that their lack of reasonable care makes them legally liable, even if they were not involved in or aware of the sexual activity taking place.
An experienced attorney from our firm can seek financial recovery from religious institutions, hospitals, schools, nursing homes, detention centers, and private businesses like bars.
What Experience Should a Sexual Assault Attorney Have?
The right sexual abuse attorney will have deep experience with civil procedure in your given jurisdiction. This is vital for identifying all liable parties before filing a civil claim.
Additionally, your attorney must collect and preserve evidence, protect your legal right to confidentiality, manage motions and other forms, track appeals filed, and communicate with multiple third parties throughout the discovery and negotiation process.
Not every civil attorney handles sex abuse cases. These require trauma-informed legal representation and sensitive client management, making it crucial to work with a specialized sexual assault lawyer.
For example, decades of research have shown that sexual assault has neurobiological impacts on memory encoding and retrieval, especially for sexually abused children. In a civil case, a defense attorney may argue that the victim’s account is implausible or lacks important context, even though the victim is being truthful.
We understand and believe sexual assault victims, which is why we will partner with mental health professionals who can testify to the research around trauma’s impact on memory. We will use best practices for interviewing sexual assault victims to avoid retraumatizing you while still securing valuable evidence.
Our team will also counter harmful misconceptions around unwanted sexual acts. Sexual assault statistics suggest that one in six boys is assaulted or abused, but societal misperceptions can damage a claim. Through research and thoughtful presentation, we ensure that every survivor has the right to be heard, respected, and supported in a court of law.
FAQs
How long after the sexual abuse occurred can victims take legal action?
Adult victims can typically file a sexual abuse lawsuit within two years of the assault, and there is often an extended statute of limitations for child survivors. This varies by state so we encourage you to contact us for a free case review.
What is the statute of limitations for pressing criminal charges against the sexual abuser?
Each state has its own statute of limitations for criminal sexual assault cases, and these can differ based on the victim’s age.
What types of financial compensation are awarded in sexual assault claims?
A range of damages may be awarded for sexual abuse claims, depending on your specific claim. These damages can include:
- Medical bills
- Lost wages
- Loss of future income
- Physical pain and suffering
- Property damage
- Emotional trauma
Sometimes, courts will award punitive damages if it can be proven that the sexual assault was particularly egregious. Not all states have this category of damages. In those that do recognize non-compensatory damages, they are typically treated separately from compensatory damages.
Can victims file criminal cases on the basis of premises liability?
Premises liability is typically treated as a civil tort, focusing on institutional liability rather than personal negligence. There are very limited circumstances in which premises liability may apply in a criminal case, such as when the perpetrator was employed by the defendant, and the assault occurred on the defendant’s premises.
In general, a criminal case will be based upon the criminal acts of the individual who assaulted you rather than the property owner or employer.
Who can be held liable for failing to provide adequate security?
If a sexual assault occurs due to inadequate security, survivors can file lawsuits against any entity that was responsible for securing the premises. This can include property owners, property managers, employers, and third-party agencies like security contractors.
How long do victims have to file a negligent security lawsuit?
Adult victims usually must file within two years. Child survivors will have an extended deadline. Make sure to discuss this with your attorney to ensure your case is filed on time.
How Our Law Firm Can Help You File a Sexual Assault Lawsuit
Our sexual assault attorneys will guide you through the legal system while protecting your privacy and overall well-being. We will meticulously gather strong evidence to support your claim, such as medical records, police reports, witness statements, and expert testimony. This allows us to identify all liable parties and assess their level of negligence.
From there, we will file complaints with the appropriate court and enter into negotiations with the liable parties or their insurers. Our team handles all these third-party communications on your behalf so that you can focus on healing.
Your comfort is our top priority. When possible, we will file motions to redact sensitive information or enable you to file under a pseudonym. Our team will also work with the court system to ensure your safety throughout the process, such as providing recorded testimony or anonymized statements.
As Super Lawyers® and Distinguished Justice Advocates, we have been recognized by our peers and clients for our survivor-centered approach to legal advocacy. We work on a contingency fee basis: no legal fees unless we win.
We’re here to help you reclaim your autonomy through decisive legal action. To schedule a free, confidential consultation, call us at 866-757-6452 or use our online contact form. Everything you share during this initial consultation is protected by the attorney-client privilege.
All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.