Tagged in: sexual assault

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Suing Someone for Sexual Assault

There are no two victims of sexual assault with the same experience, just as there is no “typical victim” in these crimes. Anyone can be targeted for rape or sexual assault. Victims include men, women and children of all ages. Survivors of these crimes suffer long-term physical, mental and emotional trauma that affects their lives and those of their families.

To a rape victim, recovery may seem impossible at first. It takes work for these victims to return to some normalcy in daily life and they need support from various areas in order to do so. For many, empowerment is gained in the Arizona criminal courts through the state’s tough stance on these types of crimes. For others, Arizona’s civil courts provide a means of empowerment by allowing the victim to initiate their own legal case against their criminal perpetrator.

Civil Accountability for Sexual Assault or Rape

It may seem impossible to fully financially compensate for the emotional, mental and physical pain of sexual assault or rape. But it is possible to gain a sense of vindication and closure for trauma through Arizona civil courts. At the same time, you can be financially compensated for the injuries you suffered and other damages, to help you regain footing in your life. Attorneys with experience in representation of sexual assault victims are able to help these victims hold criminals accountable for their actions.

There are statutes of limitations that apply to civil cases after sexual assault, rape or other crimes. This is why contacting an attorney becomes urgent after a sexual assault has occurred. You are limited in how much time you have to file a claim against your offender.

When you decide to talk to the personal injury lawyers of Cantor Crane, you will receive a free, no-obligation consultation regarding your case. This private, confidential consultation will allow you to talk with us about your needs, just as we are able to inform you of steps we can take to provide the closure and compensation that you deserve.

Who can be held accountable in civil court, for a sexual assault or rape?

Beyond the obvious offender, you may be able to hold other parties accountable for your sexual assault, as well. Some examples of others who may also be responsible include property owners who may have inadvertently provided a place for your crime to occur. By not ensuring adequate lighting or security on their property, they are not meeting their obligation of reasonable care on their premises.

When you speak with the sex assault lawyers of Cantor Crane, you will be able to gain some understanding of how a claim for monetary compensation can be pursued. But due to statutes of limitations, it is critical that you request a consultation as soon as possible.

Why file a civil case for sexual assault or rape?

Victims of sexual assault suffer injuries that are even difficult to overcome after a long period of time. By pursuing a civil case, these victims can gain power and a voice that the criminal case does not provide. It also allows victims to gain some compensation for the alterations made to the course of their lives due to these heinous crimes.

One issue experienced by most sexual assault victims is post-traumatic stress disorder (PTSD). PTSD is a major problem and brings depression, anxiety, and even the possibility of suicide under an umbrella of many disorder symptoms. The suffering that PTSD causes makes it even more important for victims to reach out to a sex crimes attorney as soon as possible. By developing and filing a civil case, the victim can start using resulting empowerment and strength to overcome the aftereffects of their sexual assault.

Sexual assault victims are:

  • 26 times more likely to abuse drugs
  • 13 times more likely to abuse alcohol
  • Six times more likely to suffer PTSD
  • Four times more likely to commit suicide
  • Three times more likely to have depression

Civil cases provide compensation for all of the things that a victim of sexual assault experiences as losses and injuries. While a civil case cannot erase all of the damage of rape or sexual assault, it can provide financial means to recover, in addition to the much-needed closure gained from having a voice against the offender in court.

Compensation for the following losses and injuries can be gained through a well-formed civil claim:

  • Physical injuries
  • Post-traumatic stress disorder and associated symptoms, including crippling triggers
  • Insomnia, nightmares and other sleep disorders
  • Fear and anxiety in public places or social settings
  • Attention deficit disorder or inability to concentrate on school or work
  • Lost motivation in work and personal life
  • Termination from employment or school expulsion
  • Substance abuse or addiction
  • Withdrawing from previously enjoyed activities
  • Significant expenses – medical, psychological, relocation
  • Intimacy difficulties, sexual and emotional
  • Problems in relationships or becoming close to others
  • Sexually transmitted viruses or other diseases

Use Civil Laws to Rebuild Your Life after Sexual Assault or Rape

Experienced representation by an attorney willing to fight for your rights is an important part of your healing from sexual assault or rape. Although you have suffered damages that may never heal, you can use civil courts as they were intended, to be heard and stand up against your offender. Through a civil claim, you can gain compensation through a settlement designed to help you recover and start fresh.

handling sexual harassment

What Actions Can You Take Following a Sexual Harassment Encounter?

It goes without saying, that you must seek legal and clinical help if you are a victim of sexual abuse. The first step is to ask the harasser to stop the abuse. Moreover, it is important to make it perfectly clear to your harasser that his/her conduct is unwanted and unwelcome.

To begin with, you will need to report the harassment to the human resource department and your supervisor and if this does not work out well, the thoughts of a Fort Lauderdale, FL sexual harassment lawyer should be entering your mind right about now.

You could always seek legal counsel at any time even before you file a complaint with the appropriate authority as just mentioned. If your employer fails to take action against the alleged harasser you have the right to approach the Equal Employment Opportunity Commission (EEOC) and the Department of Fair Employment and Housing (DFEH). You can find more information about employment and sexual harassment right here.

Following an investigation, the EEOC will attempt to make your employer reach a settlement, failing which you will be given permission to file a lawsuit against the harasser and your employer. Simultaneously, it is important to document every episode of harassment and undergo psychological counseling if needed.

You must proceed after knowing your legal rights

You must know your legal rights before filing a case. The best way to do this is to consult a Florida sexual harassment attorney to understand what exactly constitutes harassment and the laws that govern harassment cases. This will help you muster confidence before the start of your legal battle.

Is it mandatory to report the harassment to the employer?

Even though it is not mandatory to report the harassment, the employer must be kept formally in the loop. There are two reasons for this. First, if a victim decides not to report the incident, the employer might claim that since the incident was not reported, the employer did not know that such an incident actually did occur.

Therefore, the employer will not liable to pay damages for an incident that was clearly avoidable as timely intimation would have led the management to stop the abuse. The legal term used in such situations is ‘affirmative defense’. This could give your Fort Lauderdale sexual harassment lawyer some problems.

Secondly reporting such incidents prove another very crucial thing. It proves that the victim, you, was eager to stop this unwelcome and unwanted behavior and this will score some big points in the eyes of the jury, mediator, your actual employer.

If you do not report it, your employer could believe that you thought this issue was minor and just someone playing around. You would have reported it if it was that big of deal and if you were clearly upset about it. The fact that you did not speaks for itself.

Coping with the mental stress after an episode and psychiatrist help

Every individual reacts differently to any form of sexual harassment or discrimination. Some suffer mental agony resulting in hysteria and depression while others may be able to hide any inner turmoil. Nevertheless, mental stress is common to most cases. There are others who repeatedly try to recollect the events of a day leading up to the incident and try to figure out if they gave their assailant any reason to behave in the manner they did through their demeanor.

Depression, fatigue, headaches, intimacy issues, and anger are common psychological outcomes and for this you must consult a psychiatrist who can be later called up to testify on your condition after the incident. No matter how serious the harassment is, don’t hesitate to consult a Florida sexual harassment lawyer as soon as possible.

You may like your job. You may feel calling up a lawyer is the beginning to the end. If you do not get some legal help your job performance and morale could suffer which may affect your job status anyhow. In addition, the sexual harassment may not stop and it could become worse. Your employer needs to be dealt with you and your lawyer will know what to do. This is where you need to go: http://sexual-harassment-lawyers.usattorneys.com/florida/.

 

sexual harassment

What Everyone Must Know About Sexual Harassment

For the most part, sexual harassment is of two types viz: quid pro quo sexual harassment and hostile work environment sexual harassment. It is always smart for everyone to be aware of the basics of sexual harassment to reduce the risk of falling prey to a harasser and to know what to do when such a situation arises. This could help you avoid ever needing a sexual harassment lawyer.

 

Quid Pro Quo Sexual Harassment

Quid Pro Quo is a Latin term meaning “this for that”, and happens whenever an employee wielding supervisory powers makes sexual advances towards any subordinate. If the subordinate submits to it, he/she receives an employment benefit such as promotion while a rejection can mean an employment detriment, such as a demotion. Employers are held firmly liable for any quid pro quo sexual harassment, initiated by supervisors. This means that employers are legally liable for damages, whether they are at “fault” or not.

They are the ones who hired and are employing such a person.

This type of harassment can be a blatant as well as direct sexual solicitation, or more like an indirect dating invitation or sexual propositions. Just a single sexual advance is deemed harassment if it is combined with the denial or granting of employment benefits. You should get a sexual harassment attorney involved right at this juncture.

Certainly this is not the first time something like this happened and even if it is only once it should not be swept under the rug.

Hostile Work Environment Sexual Harassment

Hostile work environment sexual harassment happens when any undesired sexual conduct interferes unreasonably with a person’s job performance or leads to an intimidating, offensive, or hostile work environment. Such behavior can be physical, nonverbal, or verbal. In this type of harassment, it isn’t necessary for the sexual harassment to result in employment outcomes, like reduction of pay or promotion. Employers, supervisors, customers, clients or coworkers, can invoke a hostile work environment.

There are two crucial conditions that determine responsibility for employers in cases of this type of sexual harassment and you should hire a sexual harassment lawyer regardless of which type of sexual harassment you deal with. You can find this necessary and strategic legal help on this site: http://sexual-harassment-lawyers.usattorneys.com/.

To begin with, the employer was aware or ought to have known about the sexual harassment, and secondly the employer failed in taking a suitable corrective action. An employer is expected to be aware of the hostile environment in the instances given below:

  • A complaint on the harassment was made to management
  • Management has failed to establish a proper sexual harassment policy
  • Harassment is practiced openly or familiar among the employees.

Constructive Discharge

Constructive discharge happens whenever the employer intentionally creates working conditions so dreadful that any reasonable individual is sure to find them unbearable. Constructive discharge happens only when the victim leaves the job due to the harassment, giving the employer notice concerning harassment as well as a chance to remedy the situation.

Any kind of retaliation is forbidden against an employee who resisted the sexual harassment, made a complaint of harassment, or took part in any investigation. Protected employee behavior can be in the form of resisting advances, making a complaint of the sexual harassment, supporting the claim of another employee, as well as informing the police.

Instances of employer retaliation can be under the transfer, dismissal, negative evaluation, or demotion avenues. In order to make a claim of retaliation, the employee should prove that there is a direct connection between the conduct and the response in retaliation.

This Sexual Harasser is Wrong

If you are a victim of any type of harassment or discrimination don’t hesitate to seek immediate assistance from a sexual harassment lawyer. It is time for you to retaliate. You did not “have this coming to you”. You did not deserve this sort of treatment. You did not invite this upon yourself. Secure that legal help and make this right!

 

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Can the Victim of a Sexual Assault File a Civil Lawsuit?

If you are the victim of a sexual assault you have the right to file a lawsuit in a civil court against the perpetrator. For the most part, a civil suit is not meant to initiate a criminal prosecution, but is usually the sole way to obtain monetary compensation for the harm that the victim has suffered.

If this terrible action happened to you on the job or in the course of performing a professional duty, there is some pivotal information for you right here.

Types of claims and damages

The type and amount of compensation available in a civil lawsuit for sexual assault depends on the definite facts of the case, as well as the legal doctrine under which the lawsuit is based. As there is no action termed “sexual assault,” in legal terminology, you need to choose another legal description to hold the defendant liable, named “cause of action” in this context. This can also mean intentional infliction of emotional distress, or assault & battery and Sacramento, California sexual harassment lawyers are familiar with every category mentioned here.

Irrespective of any legal theory involved in the civil case process, damages for sexual assault or abuse case emerge from the emotional and physical harm a victim has suffered and will most likely continue to suffer as a result of the abuse. This type of crime can haunt a female for decades. It affects her personal life and could make her distrust males in a way that is not rational and affects her life on many levels, professionally and personally.

Tarnishing their reputation

This is why this website is so vital, http://sexual-harassment-lawyers.usattorneys.com/california/, because it can offer a victim legal salvation. This culprit may not be headed to jail but their financial situation can take a serious hit. In fact, it may take them years to recover and could harm their personal and professional life as well if others find out about this.

Since these crimes are egregious in nature, a judge can award damages on a large scale. Thus, the perpetrator of the assault can be made liable in order to pay a large sum of money. However, there is a problem in some cases. If the perpetrator is not very wealthy, it might be hard, if not impossible, to collect. Liability insurance policies in general leave out coverage of intentional acts, so that any compensation should come from the defendant’s personal assets as any California sexual harassment attorney will tell you.

Proving your case in civil court

If you can prove that the defendant is responsible for the harassment it can initiate a criminal prosecution but if it is a civil lawsuit, you stand a better chance of succeeding. This is because a complex law termed “collateral estoppel” may give you the right to present evidence that the defendant was already found guilty of committing sexual abuse by a court in a criminal case.

Even without a criminal case, the victim should be able to establish that the defendant is legally responsible for having committed the alleged sexual abuse with the strong assistance of a Sacramento, CA sexual harassment lawyer.

This is due to the fact that the standard of evidence remains lower in any civil case, as compared to that of a criminal court. Under the circumstances, to establish a defendant civilly responsible for sexual abuse, the victim needs to do only one thing: to show that, “it is more likely than not” that the perpetrator committed the wrongful act alleged, “by preponderance of the evidence”.

However, in a criminal case, the onus of proof requires that the prosecution prove the guilt “beyond a reasonable doubt”, which is a standard that is much harder to meet. If you find this confusing you can always turn to a California sexual harassment lawyer who knows this arena if you or someone you care about has been a victim of a sexual assault. Your lawyer will be able to evaluate your case and examine the evidence available to help you with your lawsuit.