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

Usually in a sexual assault case a civil lawsuit is filed against the perpetrator to claim compensation. In most cases the assailant also faces a criminal charge along with the civil suit and if convicted by the prosecution the assailant can get imprisonment, penalty, and other legal sanctions. OJ Simpson and many others know all about this.

However, a civil lawsuit is the only way by which the victim can receive monetary compensation.

What are the different types of damages?

The amount of money and the nature of the compensation awarded to the victim will depend on the legal theory (cause of action) that is the foundation of the personal injury case. Since there is no ‘cause of action’ known as sexual assault, the sexual harassment lawyer will have to charge the assailant with intentional infliction of emotional distress or assault and battery.

Charging other Parties with Negligence together with the Perpetrator

The victim can bring a charge of negligence against the institution, workplace, or the employer. Usually this charge can be brought if the victim faced an assault and abuse in the premises of an office and institution. The victim will through his or her sexual harassment lawyer will have to prove that the employer or the management failed to provide proper security measures that could have prevented the harm.

Since big companies usually employ sensational legal professionals to aid them in such a scenario, the plaintiff ought to choose a formidable legal representative to fight the case on their behalf.

ISIS has predators. Criminal illegal alien gangs have predators. Even North Korean officials have predators. There are also predators in your work place and they do not care about your feelings, the organization's health, or your work deadlines. They only care about their own feelings and irrational drive. When they strike, you, the victim, need to strike back. They will not stop and it may only become worse. If you need a sexual harassment lawyer, this is where you should head to: http://sexual-harassment-lawyers.usattorneys.com/. 

The amount awarded for sexual harassment will depend on the amount of emotional pain and suffering that the victim has been made to undergo. Since the nature of the crime is egregious, in many cases the jury inflicts huge financial penalties in the form of damages on the assailant. But if the perpetrator is not wealthy then it becomes difficult to realize the damages. The only alternative then is to attach the properties of the defendant as compensation.

Anyone who commits an act such as this there should be no holds barred when dealing with them. Even if they end up getting a divorce over this then so what? Even if they end up filing for bankruptcy that does not matter either. They should feel your wrath so they do not do this again.  

How to prove a case?

The victim in a civil suit will have to prove the defendant’s liability. However, the job of the sexual harassment attorney becomes easier if the defendant is convicted in criminal court. There is a complicate legal rule known as collateral estoppel. This rule allows the plaintiff to use the criminal court’s verdict as evidence in the civil suit for sexual harassment.

There might be instances when the perpetrator had not faced any criminal prosecution for his or her deeds or have been acquitted. This will not impact the civil suit in any manner. In a civil case the standard of proof is lower than that of a criminal case. This means you will have to prove that the defendant is capable of harming an individual by presenting credible evidence. This is known as ‘preponderance of evidence’. Unlike criminal cases where the prosecution has to prove guilt beyond reasonable doubt, the burden of proof is far lesser in a civil case. And OJ Simpson again, knows all about this. They even took his Heisman trophy!

Your sexual harassment lawyer will not charge a consultation fee initially but the plaintiff will have to pay them a percentage from their compensation. You can find some of the legal professionals in this field right here: http://sexual-harassment-lawyers.usattorneys.com/. This website is a virtual head turner!