Can I File a Civil Lawsuit if I’ve been Sexually Assaulted in the Workplace?

If you are a victim of sexual harassment or assault in the workplace or anywhere else, you do have options when it comes to suing the harasser. For the most part, civil lawsuits can be filed by victims who have been sexually assaulted or abused. The perpetrator is liable to be charged with criminal offenses and thereby face jail time, fines, probation, and other penalties.

However, while the harasser will face criminal charges, as a victim you can receive compensation for damages through a civil suit and a Virginia sexual harassment lawyer will be there right with you along the way throughout this journey. Hopefully the journey will not be long but you have to prepare yourself that this could be a marathon and not so much a sprint.

If your life has been ruined and your career put on hold because someone committed an egregious act against you have the right to sue. This is not the Middle East or Germany! America, thus far, does not tolerate this. Though if America allows thousands of refugees from Syria into America then America is obviously willing to take more of a chance that a rape(s) will occur. In that case, you could so the federal government and the White House in particular. The best way to find legal help is using this standout legal digital legal tool that comes in the form of a website. It is: http://sexual-harassment-lawyers.usattorneys.com/virginia/.

Violent rape should not be tolerated! Statutory rape is controversial such as an 18 year old young man and his 17 year old girlfriend but this is not what we are talking about here. Have you seen that sensational movie of Transformers 4? The Irish race car driver (Shane Dyson) was prepared but the father (Cade Yeager) played by Mark Walhberg was none too pleased. OK, let’s get back on topic. 

Types of Damages

Victims can be awarded different types of damages and compensation. The amount granted depends on the facts of the case such as the severity of the assault and the extent of the injuries. Personal injury lawsuits are based on ‘cause of action’. But there is legally no ‘cause of action’ known as sexual assault. This is why Virginia sexual harassment attorneys ascribe battery, assault, or intentional infliction of emotional distress as cause of action in order to hold the perpetrator liable for his actions.

The defendant will have to pay for the physical and emotional pain that the victim has suffered and may continue to suffer in the future. Instances are not rare when juries have awarded the victim a large sum as compensation for damages in a sexual harassment lawsuit mainly because these types of offences are egregious in nature.

However, often realizing those claims for damages become next to impossible as the defendant may not have the financial means to pay. The only hope then is their personal assets which can be seized by a court in order to pay the victim.

Can the victim sue other parties along with the defendant?

In some instances if the victim has been sexually assaulted in the premises of an institution, school, or business, the owner of the premises can be sued for not having proper security measures in place. In the case of sexual harassment in the workplace, often, the employer is named in the lawsuit if the crime happened in the defendant’s office.

How to prove civil suit cases?

The victim has a greater chance of winning a case if the defendant has been proved guilty in a criminal case and punished for his/her crimes. If this is the case Virginia sexual harassment lawyers will use the ‘collateral estoppel’ to show evidence that a jury has already convicted the defendant.

In the opinion of Virginia sexual harassment lawyers if there is no criminal case or conviction, the victim can still win a significant amount as compensation in a sexual harassment lawsuit. Quite unlike a criminal case, the standard of proof is lower in a civil suit.

The plaintiff’s lawyer will only have to show that the person had the intention and the capability to assault the victim to receive compensation through a process which is legally known as ‘preponderance of evidence’. In criminal cases the burden of proof is far greater and often the jury must be convinced beyond any reasonable doubt to pass a verdict in the victim’s favor.