Personal Injury Liability Regarding Sexual Assault

It is estimated that over 200,000 people each year will be the victim of a sexual assault. Nearly 60% of these attacks go unreported and 90% of the victims are women. While it may be difficult to obtain a criminal conviction against the attacker, they can be held civilly responsible by filing a personal injury liability lawsuit against them for damages.

Holding Your Attacker Responsible

The prosecution may have an uphill battle convicting the attacker unless there is conclusive DNA evidence in the case. Less than 10% of rapists ever spend a day in jail, but they can be held liable through civil litigation. In a civil case, the plaintiff does not need to have proof beyond a reasonable doubt against the defendant. They only need to establish that there is a preponderance of evidence that the defendant more than likely committed the crime. The victim can likely recoup damages for the following:

Medical care and all related expenses to their physical and mental recovery, including psychological treatment for the emotional trauma of the crime
Collect lost wages because they were unable to work after the attack
Damages for any temporary or permanent physical disability or disfigurement
Recover costs for any property that was damaged
Pain and suffering and damage to family relationships

Punitive damages may also be awarded because the defendant’s conduct is viewed as a wanton disregard for the victim. This is a way to punish the attacker for their outrageous and unacceptable behavior. Money awarded through civil litigation may never fully compensate the victim for their trauma, but it can be a valuable tool in helping them to rebuild their life.

Third Party Liability

If the attacker is in prison, cannot be found or has no assets to go after, the victim may be able to hold another party responsible for the sexual assault. A personal injury liability lawsuit can be filed against those who violated their duty in keeping the plaintiff safe from the risk of sexual attack. These situations may include:

The owner of a parking lot who failed to provide security or proper lighting at night
Hotel or apartment security was inadequate, thus allowing the attacker easy access
Business owner failed to screen their employees properly for a criminal record

Third parties often have deep pockets making it more likely that the victim receives monetary damages. In addition, businesses often don’t want the scrutiny of a public trial and may seek to settle out of court.

Get Advice From a Personal Injury Lawyer

In criminal cases, the defendant who is on trial is presumed innocent and the burden of proof is on the prosecution. In civil court, the victim and perpetrator are on equal footing and the defendant can be compelled to testify under oath, unlike criminal court. Whether the attacker is found guilty or not in a criminal case, the victim still has the right to hold them legally liable through civil litigation. Therefore, it is important to hire an attorney who has experience in sexual assault cases. A personal injury attorney can help you seek damages for your injuries so you can get on with your life.

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