What is Considered Sexual Assault?

Sexual Assault in a Legal Sense  

Studies estimate that an American is sexually assaulted every 98 seconds, and if you were not exempt from this type of violence, you probably have a lot going through your mind. Survivors of sexual assault are shown to have similar PTSD to veterans who have returned from war, and you deserve to see the perpetrator held legally responsible for their actions.

Your mind may immediately go to holding them responsible in criminal court, but time and time again, American criminal courts give perpetrators the benefit of the doubt, letting them walk free to commit sexual assault again. Because of this, many sexual assault accusations never make it to court.

Suing for sexual assault in civil court has quickly become a more common way of getting justice, as a personal injury attorney is more likely to get a desirable outcome. This is because sexual assault cases in civil court have a lower burden of proof and juries are more likely to award plaintiff’s a settlement when finances are the only thing in jeopardy.

Civil sexual assault lawsuits result in damages that are paid out in the form of financial compensation to the victim.

What Kinds of Sexual Assault Can You Sue for in a Personal Injury Case?
Filing a personal injury claim for sexual assault or abuse is often preferred over seeking criminal charges. You may be wondering if what happened to you can qualify as sexual assault in a civil suit.

Sexual assault includes any non-consensual sexual activity, such as:

  • Rape through unwanted penetration or sexual intercourse with a body part or object
  • Attempted sexual assault that was either interrupted or fought off
  • Sexual touching or caressing
  • Forced sexual acts, such as oral sex

Sexual assault attorneys will tell you that forced sexual activities are not always forced with a weapon or brute strength. Forcing someone to have sex can be done through threats, lies, manipulation, or incapacitating someone. Oftentimes, authority figures can abuse their power by using their victims’ respect and inferiority to manipulate and pressure them into sex.

Proving a Sexual Assault Case in Civil Court

If your abuser was convicted in criminal court, then your civil lawsuit has high hopes for getting you compensation. In some cases, you can utilize the rule of “collateral estoppel,” which allows you to present evidence that a previous jury in criminal court already found the defendant guilty of.

If you are seeking out a civil lawsuit alongside a sexual abuse attorney, you must prove that it is more likely than not that your abuser caused your damages. You can call your friends and family to the stand to testify to the mental anguish you experienced in the days, weeks, or months following your abuse. Your lawyer will also call on expert witnesses such as psychologists to add to your credibility.

If you have any photos, videos, or texts that shed more light on your story, that’s also helpful evidence to bring to the courts.

Hiring an Attorney to Represent You

While the idea of going to court to sue your abuser for sexual assault may seem daunting, our attorneys will support you every step of the way. We have helped our clients get compensation and justice in a number of injury cases, such as:

Our attorneys provide support for survivors of sexual assault and childhood abuse. We are here to listen and understand what happened so that you can get the closure you need in a court of law. We are here to help you heal, emotionally and physically, and we will get you the compensation you need to do just that.

Contact us to set up a free case review.

Newport Beach, Orange County, CA 92660, 92661, 92662, 92663, 92657