Can You Sue Someone for Sexual Assault?
Sexual assault can often leave a survivor feeling stained, confused, and hurt. However, survivors have options to take legal action, hold perpetrators accountable, and potentially help other children from being abused.
The estimated lifetime economic burden of sexual assault for female and male victims is $122,461. Survivors of sexual assault suffer this loss due to medical costs, lost work productivity, criminal justice expenses, and additional outcomes of the sexual assault they endured. For some survivors, taking legal action and filing a sexual abuse lawsuit with a trusted attorney may be a way to recoup these losses and help rebuild a solid financial foundation.
Can You Sue Someone for Sexually Assaulting You?
Survivors of sexual assault can pursue legal action. It starts with contacting an established and trusted law firm to seek representation. If the law firm is able to represent the survivor, they may seek financial compensation or damages by filing a civil lawsuit.
A civil case is different from a criminal case:
- Civil Case: To resolve disputes between individuals, organizations, or entities. A civil case is filed to resolve discrepancies regarding rights and responsibilities between individuals or organizations, sometimes resulting in financial awards and additional remedies.
- Criminal Case: To prosecute and punish actions or offenses against society or the state. A criminal case is to enforce laws to protect society.
If you are ready to take legal action against the perpetrator who harmed you and the institution that covered up the perpetrator’s actions, contact us for a confidential consultation.
How to Prove Sexual Assault in A Sexual Abuse Lawsuit
In a civil lawsuit, the standard for proving a case of a survivor of sexual assault is determined by a “preponderance of the evidence”. Under the preponderance standard, the burden of proof is met when the survivor of sexual assault convinces the judge, court, or investigator that there is a greater than 50% chance that the claim is true. In a criminal case, the burden of proof must be determined “beyond a reasonable doubt” meaning a near certainty of guilt.
A survivor and their legal team can prove sexual assault in a civil case using methods like:
- Testimony of the sexual assault survivor: The survivor’s own account of the sexual assault is critical evidence.
- Testimony of other Witnesses: Friends, family, teachers, coworkers, or other individuals who saw or learned of what happened can help to show changes in behavior, emotional distress, or physical injuries the survivor may experience because of the sexual assault.
- Documents & Records: A sexual assault survivor’s medical records, journal entries, and correspondence help to establish the relationship between the perpetrator and the ways that the survivor has been harmed by the sexual assault. Researching the perpetrator’s history also sheds light on whether they had similar past problems.
- Expert Testimony: Psychologists, trauma experts, or medical professionals may elaborate on the survivor’s symptoms, behavior, or delayed reporting of the assault to the police or others.
- Testimony of other survivors: If multiple survivors have come forward with similar accusations, their testimony can help show patterns of abusive behavior. Prior complaints or allegations against a perpetrator can also be a powerful way for a survivor to prove their case.
If you or someone you know has been sexually assaulted, contact us confidentially today.
Take the First Step with a Free Consultation with Jeff Anderson & Associates
Survivors of sexual assault have the right to pursue justice through the civil court system, holding both perpetrators and negligent institutions accountable. A civil lawsuit makes it possible for survivors to seek financial compensation for the economic burden of abuse, including medical care, lost income, and lifelong trauma. By working with trauma-informed advocates and trusted attorneys, survivors can build and prove their case. Filing a civil lawsuit not only offers survivors a path to rebuilding financial stability but also holds perpetrators accountable and prevents others from harm.