Sometimes a civil lawsuit is the only way to secure both compensation and a sense of justice.
Oftentimes, sexual assault victims are unaware that it is possible to seek compensation from the person who committed the assault by filing a sexual assault lawsuit against a third party who enabled the attack, or against landlords, hospitals, schools, or employers if proper safety precautions were not in place at the time of the assault. Survivors of sexual assault, no matter the form, can be left with serious physical and psychological injuries, and a civil lawsuit is often the only way to secure both compensation and a sense of justice.
Our experienced sexual abuse attorneys know these incidents are traumatic and understand how to hold those responsible accountable for their actions. If you or a loved one has been the victim of sexual assault, the team at Mase Seitz Briggs is prepared to assist you in pursuing your sexual assault or rape lawsuit.
Sexual assault is more than just rape.
Sexual assault is a broader term that refers to physical sexual acts perpetrated against a person without their consent or where that person is incapable of giving consent. Oftentimes, people do not report instances of sexual assault because they are unsure whether their experience is considered assault in the eyes of the law. In other situations, victims may have been under the influence of drugs or alcohol at the time of their assault, and that affects their ability to give consent. Reported rape and sexual assaults have continued to increase over the years.
While most people are aware that their perpetrator may face criminal charges, many survivors of sexual assault and rape do not realize that their perpetrator can also be held civilly liable through a rape or sexual assault lawsuit.
The burden of proof in a criminal case is high, and the government’s goal is to punish the wrongdoing and to deter similar conduct. Sexual assault victims also face more public scrutiny in the criminal context when pursuing justice against their assailants due to the assailant’s rights in a criminal proceeding.
In contrast, a sexual assault lawsuit in civil court is designed to provide you compensation after the assault. Victims may suffer from post-traumatic stress disorder, depression, flashbacks, and other physical and emotional injuries that affect their ability to live comfortably. Some victims may also contract sexually transmitted infections during their assault. Damages in a personal injury lawsuit for sexual assault can include the cost of medical treatment related to the assault, the cost of emotional counseling, and lost wages. Potential damages also include compensation for pain and suffering associated with the psychological trauma and physical injuries caused by the assault. Many times, sexual assault claims are resolved quickly and confidentially without having to go to court. You may also be able to proceed as a “Jane Doe” or “John Doe” in a civil lawsuit, if you do not wish to have your name associated with the case. Our experienced sexual assault attorneys know how sensitive these issues can be and can help you maintain your privacy during this difficult time.
In some situations, a third party may also be liable for sexual assault. Businesses, schools, hotels, spas, apartment complexes, or condominium associations—just to name a few—can be held legally liable for the circumstances that led to the assault. For example, failing to perform background checks on employees or failing to provide proper lighting or adequate security measures on a property can shift liability onto the business owner if someone is injured in a rape or sexual assault on the property. Mase Seitz Briggs in Miami, Florida, will help with investigating all of the details surrounding your sexual assault or rape case and help you fight for maximum compensation in a civil lawsuit.
If you or a loved one was the victim of a sexual assault or rape, you should seek immediate medical attention at an emergency room. Medical staff can perform a “rape kit” examination and any other medical tests that may be necessary depending on the circumstances of the assault. This is a fairly straightforward process that involves collecting hair and semen samples, swab cultures, blood samples, urine cultures, and toxicology samples. Medication can also be given to help prevent potential STIs or pregnancy. As much as you may want to, do not shower, change clothes, or clean up before going to the hospital, as this could potentially disturb collectable evidence.
Once you’ve seen a medical professional, our sexual assault attorneys suggest seeking the advice of a mental health professional who can help you deal with this traumatic event. If you can, you should report your assault to law enforcement. Then, you should consult with an attorney experienced in sexual assault to help you discuss your legal options.
Dealing with a case of sexual assault or rape can be difficult, but you do not need to go through the process alone. Our team of sexual assault and rape attorneys has helped countless women (and men) through the process of filing a sexual assault lawsuit and securing justice. If you’ve been injured, call us today so we can help you, too.
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