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

Under the law victims of sexual assault have been given the right to sue the perpetrator. Most probably the perpetrator will also face criminal charges in a criminal court of law in which case he or she is looking at probation, fines, imprisonment, and several other sanctions.

It is important to note here that these are punishments for breaking the law and the victim does not get any compensation from a criminal case. Therefore, to get compensation for the physical and mental trauma he/she will have to file a civil lawsuit.

Cause of Action

Sexual harassment lawyers explain the sexual assault lawsuits are nothing but personal injury cases and therefore it is important to establish a cause of action better known as legal theory. The problem is there is no cause of action called sexual assault. In a sexual assault case therefore you have to use battery, assault, and intentional affliction of emotional distress as the cause of action.

Different Types of Compensation

The compensation awarded is dependent on the facts of the incident and the cause of action. The jury compensates the victim after considering the amount of physical pain, emotional distress, and financial loss suffered by the victim as a result of the assault. The court also considers the long term impact the assault is going to have on the victim psychologically and physiologically.

Since the nature of assaults is often considered egregious, juries have a habit of awarding sizeable compensation to the victims. Even then the victim might not get compensation. This happens when the defendant simply does not have the financial means to pay the victim. They may not regularly work. Not all criminals are financial winners. Have you seen the movie Barbershop? Not all criminals are financially well off or that intelligent. Just watch J.D. (Anthony Anderson) and Billy (Lahmard J. Tate) in that movie and you will get the picture.

Sexual harassment attorneys say that these are intentional acts of malice therefore are not covered by insurance. The compensation is derived from the assets of the perpetrator and if the defendant has none, the victim is unfortunately deprived.

Often Additional Parties are Sued

If the victim is assaulted in the premises of an institution or a workplace then the employer can be named in the harassment lawsuit for negligent supervision. The other charge that can be brought is failure to provide security.

Proving the Case

You have a better shot at winning better compensation if the perpetrator is convicted by a criminal court. Legal experts say that you can use ‘collateral estoppel’. This means you use the same evidence based on which the jury gave the guilty verdict in the criminal case in your civil trial.

Even if the perpetrator does not face a criminal case or has been acquitted you can still win. The burden of proof in civil cases is much lower than that of criminal cases. In criminal cases the prosecutions must establish guilt without reasonable doubt. Sexual harassment lawyers point out that in personal injury lawsuits you have to establish preponderance of evidence. This means you only have to prove to the jury that the defendant more likely than not committed the malicious act.

If you have been victim of harassment or assault and feel traumatized and humiliated you need to reach to an experienced sexual harassment lawyer immediately. Your legal counselor will evaluate your claim and discuss various legal options you may have in order to conclude this case with a winning verdict or appropriate settlement that you rightfully deserve.

If someone does you wrong in this manner then they have wronged society and not only that, they have wronged themselves. This is very similar to the final words that Optimus Prime said to Sentinel at the end of Transformers III, that Sentinel cheated himself.

If you need legal help, go right here: Sexual-Harassment-USAttorneys. You have been financially wounded in a number of ways, it is time to be made whole again. Contact us if you want. We will probably respond to your inquiry that same day.