Wednesday, February 3, 2016

Can a victim of a sexual assault file a civil lawsuit?

Victims of sexual assault act fully within their legal rights and freedoms when they go ahead and file a civil lawsuit against the suspect alongside their New York sexual harassment lawyer. In fact, it is not a question of whether they can, but instead a matter of principle that they do.

A Crime  

Sexual harassment or assault is a crime punishable by law and hence anybody convicted of the charge can and will face criminal prosecution. However, this criminal prosecution is in order to punish the perpetrator and keep them off the streets. Criminal lawsuits unfortunately do not compensate the victim of the convicted person. In order for the victim of sexual assault or harassment to recover damages, he or she may only do so lawfully by filing a civil sexual harassment lawsuit to claim damages.

Legal Help is Required

Filing a civil lawsuit can prove to be a very meticulous and challenging task indeed, and especially even more so for someone that has already been through something as traumatic as sexual assault. This is precisely why it is imperative that anyone who is a victim of sexual harassment or abuse at the workplace or anywhere else reach out to a sexual harassment lawyer in New York and get started working on their claims.

A lawyer will be able to help you navigate through the legal intricacies of a civil lawsuit, gather evidence to back your claims and will also be able to present this evidence in an effective and compelling manner in front of a judge or jury. Your New York sexual harassment attorney will also be able to estimate what your case may be worth monetarily and fight for every penny that you rightfully deserve from the defendant(s).


The biggest cases are when people in the workplace act like Bobby Pellit (Colin Farrell) in Horrible Bosses and not so much like Vince Masuka (C.S. Lee) did in Dexter. Not only was Pellit a work place nightmare for anyone, he was selfish and hurting the company and all the prospects for the employees. What happened to Pellit at the end of the movie was not too sad to anybody who has seen that hilarious movie.

Pellit was out control and the business would certainly operate better without him around. Less sexual harassment legal professionals would be needed and there would less clicks to this altruistic and noble website http://sexual-harassment-lawyers.usattorneys.com/new-york/ which is another aspect to this scenario.

Types of Claims and Damages in a Sexual Assault Case

What a civil sexual harassment lawsuit is worth in terms of damages varies from case to case and also from state to state. In order to get a fair estimation it is best to go ahead and schedule a preliminary consultation (often free of cost) with a NYC sexual harassment lawyer licensed to practice in your particular area.

Cause of action, a legal theory which is often used in personal injury, property damage, and wrongful death lawsuits, does not hold valid in a sexual assault case since there is simply no cause of action called sexual assault. Instead, sexual harassment lawyers in New York use legal theories such as assault and battery or intentional infliction of emotional distress to go ahead and justify the filing of the civil lawsuit.

Economic damages and non-economic damages are the two main types of damages in a sexual harassment lawsuit. Economic damages are awarded to a plaintiff in order to compensate him or her for financial losses that they have incurred as a result of the sexual assault whereas non-economic damages are meant to compensate the victim of sexual harassment for damages such as mental anguish and pain and suffering. 

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