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Steve Kherkher - July 19, 2023
[et_pb_section fb_built=”1″ admin_label=”section” _builder_version=”4.16″ global_colors_info=”{}” theme_builder_area=”post_content”][et_pb_row admin_label=”row” _builder_version=”4.16″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” global_colors_info=”{}” theme_builder_area=”post_content”][et_pb_column type=”4_4″ _builder_version=”4.16″ custom_padding=”|||” global_colors_info=”{}” custom_padding__hover=”|||” theme_builder_area=”post_content”][et_pb_text admin_label=”Text” _builder_version=”4.22.1″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” hover_enabled=”0″ global_colors_info=”{}” theme_builder_area=”post_content” sticky_enabled=”0″]Sexual assault is a devastating and traumatic experience that can have a profound impact on survivors physically, emotionally, and mentally. If you or someone you know has been a victim of sexual assault, it is essential to be informed about the legal options available and understand how to pursue justice.
At Kherkher Garcia, LLP, we are fierce advocates for assault victims. In the following article, our sexual assault lawyer addresses some frequently asked questions (FAQs) about sexual assault claims, empowering survivors and their support networks with knowledge to navigate the legal process.
Sexual assault refers to any non-consensual sexual activity, including unwanted touching, kissing, penetration, or any form of sexual contact without explicit consent. It is a criminal offense and is considered a grave violation of an individual’s autonomy and dignity.
Forms of sexual assault can include:
Yes, sexual assault can occur within a relationship, and it is known as “domestic sexual assault” or “intimate partner sexual violence.” Sexual assault in a relationship involves non-consensual sexual acts or behavior where one partner forces or coerces the other into engaging in sexual activities against their will.
It is important to recognize that being in a relationship with someone does not entitle the other person to engage in any form of sexual activity without explicit and ongoing consent. Consent is a crucial aspect of any healthy and respectful relationship, and it must be freely given, informed, enthusiastic, and revocable at any time.
“Consent” means overt actions or words that indicate freely given agreement or permission. In order to consent, the person must be competent. They cannot be incapacitated due to intoxication, mental impairment or disability, or lack of consciousness.
If you have been a victim of sexual assault, your safety and well-being are paramount. Here are some crucial steps to consider:
In many jurisdictions, you can report sexual assault anonymously. However, reporting anonymously might limit the ability of law enforcement to conduct a comprehensive investigation, as they may not have access to your contact information for follow-up.
Victims of sexual assault have several legal options, including:
Yes, you can file a civil case for sexual assault or rape even if there is an ongoing criminal case related to the same incident. A civil lawsuit is a separate legal action from the criminal case and serves different purposes.
The criminal case is initiated by the state or government and seeks to determine the guilt or innocence of the accused perpetrator. If found guilty, the perpetrator may face penalties such as imprisonment or fines. The primary objective of a criminal case is to hold the offender accountable for violating the law and to protect society from potential harm.
On the other hand, a civil case is initiated you, the survivor (plaintiff), against the perpetrator (defendant) seeking compensation for damages resulting from the incident. The civil case aims to provide financial restitution and address the survivor’s personal losses resulting from the assault.
Pursuing a civil case does not interfere with the criminal case, and vice versa. The civil and criminal processes can run concurrently.
The damages available in a civil lawsuit may include:
Damages may also include other related losses. Ultimately, the damages you may be eligible for will depend on the facts of your case.
The statute of limitations for filing a sexual assault claim varies by jurisdiction and can be influenced by factors such as the age of the survivor at the time of the incident. Some regions have removed or extended the statute of limitations to provide survivors with more time to come forward.
To establish a strong case, evidence is crucial. Common evidence used in sexual assault claims may include:
When you report a sexual assault, law enforcement will typically conduct an investigation. The investigation may involve:
It is important to cooperate with law enforcement during the investigation to increase the likelihood of a successful prosecution.
As a survivor, you may be required to testify in court if criminal charges are brought against the perpetrator. While this can be an emotionally taxing experience, it is crucial to hold the offender accountable and seek justice.
Absolutely. It is highly recommended that survivors of sexual assault seek legal counsel from experienced attorneys specializing in sexual assault cases. A skilled attorney can guide you through the legal process, advocate for your rights, and help you seek the justice and compensation you deserve.
The steps involved in a sexual assault case can vary depending on the facts of your case. However, the general legal process typically involves the following steps:
In addition to the criminal process, survivors of sexual assault may also pursue civil claims against the perpetrator for damages, such as medical expenses, therapy costs, and pain and suffering. The civil process can be pursued independently of the criminal case.
Filing a civil lawsuit involves a series of steps that aim to initiate and progress the legal action. The process may vary among different types of civil claim. However, the general steps are as follows:
Before filing a civil lawsuit, it is advisable to consult with an experienced attorney who specializes in the relevant area of law. The attorney will evaluate the case’s merits, discuss potential legal strategies, and advise on the best course of action.
In some cases, the attorney may attempt to resolve the dispute through pre-litigation negotiations. This involves communicating with the opposing party or their attorney to explore the possibility of reaching a settlement without going to court.
If pre-litigation negotiations fail or are not applicable, the attorney will draft a legal document called the “complaint.” The complaint sets out the plaintiff’s (the person filing the lawsuit) allegations against the defendant (the party being sued) and outlines the legal basis for the claim.
The complaint is filed with the appropriate court, typically the court with jurisdiction over the matter and where the incident or dispute occurred. The plaintiff pays a filing fee to initiate the lawsuit.
After filing the complaint, the plaintiff must formally serve the defendant with a copy of the complaint and a summons, notifying them of the lawsuit and their legal obligation to respond.
Once served, the defendant has a specified period, typically 20 to 30 days, to respond to the complaint. The response may be an answer, admitting or denying the allegations, and may include counterclaims against the plaintiff.
After the complaint and response, both parties enter the discovery phase. During this phase, they exchange information and evidence related to the case. Discovery methods may include written interrogatories, requests for documents, depositions, and requests for admissions.
Before the trial, both parties may file pretrial motions to address specific legal issues or seek the court’s ruling on certain matters. Examples include motions to dismiss, motions for summary judgment, and motions to exclude evidence.
At any point during the litigation process, the parties may engage in mediation or settlement negotiations to resolve the case out of court. If an agreement is reached, the lawsuit is dismissed, and the terms of the settlement are typically confidential.
If the case does not settle, both parties prepare for trial, including finalizing witness lists, exhibits, and trial strategies.
During the trial, both sides present their evidence and arguments before a judge or jury. Witnesses may be called to testify, and both parties have an opportunity to cross-examine the opposing witnesses.
After the trial, the judge or jury will render a verdict. If the plaintiff prevails, the court will enter a judgment in their favor, specifying the damages awarded, if any.
If either party is dissatisfied with the verdict or believes there were legal errors during the trial, they may file an appeal to a higher court.
It is important to recognize that the civil lawsuit process can be lengthy and complex. Having competent legal representation and understanding the steps involved can help you navigate the process and increase the chances of achieving a favorable outcome.
Sexual assault claims are complex and emotionally challenging, but seeking justice is essential for survivors to heal and prevent further harm to others. By understanding the legal options available, victims of sexual assault can make informed decisions about how to proceed. Remember, you are not alone – reach out for support from friends, family, counselors, and legal professionals who can guide you through this difficult journey toward healing and justice.
If you have questions about your legal rights and options, contact Kherkher Garcia. Our team provides confidential consultations that can help you understand your rights and options, and get the support you need. To start your free consultation, call us at 713-333-1030, or fill out our online contact form.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorneys Steve Kherkher and Jesus Garcia Jr., who have more than 50 years of combined legal experience championing the rights of those who have experienced catastrophic injury due to negligence.
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