Can the Victim of a Sexual Assault File a Civil Lawsuit?

Many victims of sexual abuse or sexual assault file lawsuits against the abuser in civil courts, although a sex assault deserves criminal prosecution, with prison time, probation, fines, and various other sanctions for the defendant, if it ends in a conviction. At the same time, a civil lawsuit is intended only to obtain monetary compensation for the harm suffered by the sexual assault.

Types of Claims & Damages

The type and amount of recompense that can be obtained in a civil case for sexual abuse depend on the particular facts of the lawsuit. For the most part, the personal injury lawsuit is based on a legal theory termed “cause of action.” As there is no cause of action named sexual assault, you should choose another legal theory to keep the perpetrator really liable, such as assault & battery, or intentional infliction of emotional distress, according to Los Angeles, CA sexual harassment lawyers.

Damages in any sexual assault or sexual abuse lawsuit come from the emotional and physical harm that the victim has suffered and will continue to suffer due to the abuse. If this terrible event happens at your place of employment, you can find out some pivotal information on this topic right here.

Due to the reprehensible nature of such crimes, juries tend to award extremely high damages, making the perpetrator held liable to pay considerable sums of money. Unless the defendant is wealthy, it might be very difficult, even impossible, to collect. Since insurance policies in general leave out insurance coverage for any intentional act, the only basis of compensation is the perpetrator’s own personal assets. Such complication often necessitates the services of an experienced California sexual harassment attorney. 

Proving an Assault Case in a Civil Court

If the assault ended in a criminal prosecution with the defendant being convicted, the victim might have a greater chance to succeed in a civil lawsuit. This is because, a rather complex law termed “collateral estoppels,” might enable the plaintiff in a civil suit, to collect legal proof for his/her lawsuit, according to Los Angeles, California sexual harassment lawyers.

Although there is no related criminal case in which the defendant was left unconvicted, the plaintiff in the civil lawsuit can easily establish that the defendant is indeed responsible for committing the child assault. This is because in a civil case the standard of evidence is much lower, as compared to what has to be truly proven in a criminal court.

You are a victim. You will have to cope with that.You do not want to be a victim twice though. That will run along in your head even longer. Use this site: https://usattorneys.com/ to hire a Los Angeles sexual harassment lawyer to enact the legal revenge that you deserve and are hoping for. This criminal may have worked hard for their home, car, and savings, well, their actions have just cost them dearly and your financial situation just became that much more brighter.

Less Proof Required

To establish the defendant civilly responsible for child assault, the plaintiff is only required to show that it is possible that the defendant was guilty of the alleged offense. Legally speaking this standard is termed “by a preponderance of the evidence”. This is quite unlike that of a criminal case, in which the plaintiff should prove the defendant’s guilt “beyond a reasonable doubt,” and this is a standard that can be very hard to meet.

To manage a child assault case, a wonderful and balanced Los Angeles sexual assault lawyer would be your best choice in the handling of this kind of case. The best option is to hire a legal representative without any delay.