Few events can be as demeaning and damaging to someone as a sexual assault. Not only do sexual attacks create physical harm and injuries, they cause lasting emotional and psychological scars that may take a lifetime to heal. This is especially true for violent sexual assaults, including rape.
The legal issues surrounding a sexual assault can be complex, as the victim of the abuse may be involved in criminal proceedings against the perpetrator of the sexual assault. In addition to criminal proceedings, the victim may pursue a civil suit for damages arising from the sexual assault.
Most sexual assault claims that form the basis of a lawsuit are based on claims occurring in nursing home or other assisted care facilities, in the college or university campuses or fraternity houses, or in the workplace or employment settings.
The first type of claims involves sexual assaults in nursing homes or other residential facilities. For these claims, both the offender and the facility may be liable for these particularly heinous types of sexual assaults. These claims typically involve unwanted sexual assaults caused by nurses, healthcare workers, or other employees in the facilities that harm the individuals they are responsible for protecting.
The second type of claims involves sexual assaults on college campuses, and the statistics regarding sexual assaults for college-aged women are alarming. According to statistics compiled by the Centers for Disease Control, approximately 19% of women – nearly one of every five – reported experiencing either sexual assault or attempted sexual assault while in college. Additionally, the National Institute of Justice reports that a college with 10,000 students is likely to experience 350 rapes per year.
The third type of sexual assaults claims in the civil context commonly occurs in the workplace at the hands of employers, managers, bosses, fellow employees, or even customers. Although workplace injuries caused by employers or other employees are normally exclusively covered by Virginia’s Worker’s Compensation Act, Virginia law allows employees who are the victims of workplace sexual assaults to proceed with a lawsuit directly against their employer, fellow employees, or other parties who caused a sexual assault.
Proceeding with civil claims for sexual assault can be complicated, and there are many components of such claims to be aware of. The injuries caused by a sexual assault can be complex and deep. In addition to the obvious physical injuries that can result from an unconsented sexual assault, there can also be deep seeded emotional and psychological injuries that take a lifetime to heal.
Additionally, depending on the identity of the party causing the sexual assault, there may be claims against the perpetrator, the property or business owner, the fraternity, or the employer that caused injuries from a sexual assault. It is also important to adequately assess the value of these cases, as juries are oftentimes willing to grant large verdicts against perpetrators of sexual assault.
To pursue a civil claim for damages for a sexual assault that you or a loved one suffered, please contact our Virginia Sexual Assault Attorneys, either John B. Simpson at (434) 817-3100 or Kirk D. Becchi at (540) 437-1243. MartinWren, P.C.’s Virginia Sexual Assault Attorneys are experienced in handling sexual assault claims, and we offer confidential, free and compassionate consultations for individuals who are considering bringing a civil claim for sexual assault.
You will not owe any legal fees unless we recover money for you.