Each year in the United States, there are over 300,000 victims of sexual assault, according to the Rape, Abuse and Incest National Network. Most attackers are rarely held accountable for their actions, as a large percentage of rapists are never legally charged.
Our experienced attorneys at The Eichholz Law Firm will hold perpetrators, including their enablers, accountable for their abuse. You need to understand the options available to you and your rights, so you can receive the justice you rightfully deserve. Our team will walk you through the entire process and provide legal support during your Georgia sexual assault lawsuit.
Civil Suits vs. Criminal Prosecutions for Rape or Sexual Assault
The civil and criminal justice systems are very different. The criminal justice system is what people are most familiar with because it has been featured on TV shows such as Law & Order. The federal or state government in a criminal justice system brings a case against one person. The government may prosecute the defendant for statutory rape, child molestation, sexual battery, sexual assault, or rape. For a federal or state government to win their case, they must prove beyond a reasonable doubt that the defendant committed the act. If the defendant is convicted or pleads guilty to the crime, they will likely serve jail time.
On the other hand, an individual who was wronged or harmed can bring a case against a business or the person who committed the act in the civil justice system. This is the area in which our firm works. The person filing the case creates a complaint document detailing the harm done to them. These claims could include any of the crimes mentioned above (statutory rape, child molestation, sexual battery, sexual assault, or rape) as well as additional claims, including negligent supervision, negligent training, or negligent hiring. The plaintiff must be able to prove their case by the “preponderance of evidence,” a legal phrase that means “more likely than not,” to win. If the plaintiff wins their case or the defendant agrees to a settlement, the injured individual is entitled to receive compensation for their pain and suffering. There are circumstances where the court could enter a special order known as an injunction, which gives a specific directive to the defendant. For example, an experienced attorney could seek an injunction to prevent a pastor convicted of sexual abuse from preaching in any church ever again.
Working With a Sexual Assault Lawyer
A victim should hire a sexual assault lawyer for many reasons. The emotional, mental, and physical anguish a victim can experience following sexual assault could cause severe, long-lasting issues for themselves and their families. A knowledgeable sexual assault lawyer can provide a victim with therapy and critical counseling services, participate in criminal proceedings against the defendant, and pursue a possible civil claim against a property owner or business whose negligent actions may have contributed to the cause of the attack.
While the criminal law system usually punishes perpetrators, victims don’t receive full compensation for the devastating consequences of their assault. In addition, the criminal case itself doesn’t punish negligent property owners or businesses that failed to keep their premises safe. A victim can only receive compensation for their emotional or physical injuries by bringing a case through the civil law system.
Many civil cases for sexual assault are brought on behalf of a victim who was assaulted in a hotel, an apartment, or any other business due to the owner’s failure to secure their property.
Filing Sexual Assault Lawsuit in Georgia
While civil lawsuits are your best option to receive financial compensation, bear in mind that these types of cases require the following evidence:
- The attacker caused you intentional harm or engaged in aggressive sexual contact
- You did not consent to the behavior
- The sexual assault occurred
- You suffered injuries as a result of the assault
In order to have a successful claim, all of these elements must be proven in court, which is why you need to have a qualified Georgia personal injury lawyer by your side who understands how to put a strong case together. Our law firm can help you gather the appropriate evidence to support your claim.
Other Parties That Could Be Held Responsible
Besides the perpetrator, the victim can also bring a civil suit against another party, depending on the circumstances. For instance, if the abuse occurred at a school, a place of business, or another institution, that person (i.e., the perpetrator’s employer) could be held responsible for failing to protect a vulnerable young group or individual or failing to provide adequate security under a negligent supervision theory.
One such example includes the Roman Catholic Archdioceses and Dioceses across the country. Since the 1990s, the Roman Catholic clergy have been accused of sexually abusing young children. Millions of dollars in settlements have been paid out to victims all over the United States.
More recently, Lyft and Uber have faced lawsuits claiming that the rideshare companies haven’t done enough to keep passengers safe from being sexually assaulted and have ignored complaints regarding its drivers’ criminal or inappropriate behavior.
Sexual Assault Statute of Limitations
The statute of limitations is a difficult hurdle to climb when it comes to civil lawsuits related to sexual assault. This law puts time limits on a victim’s right to file a case to seek damages from a perpetrator. Numerous states have passed or have considered passing extended time limits for civil lawsuits based on sexual abuse or assaults, especially those that involved victims who were still minors during the time of the incident. Some states have enacted what is known as “lookback windows,” which give victims a special time period to file civil cases for abuse that took place decades ago.
Our personal injury attorneys will be happy to discuss the Georgia statute of limitations deadline with you and help you better understand all of the other case-filing rules that might apply to your specific case.
Contact Our Legal Team Today
Sexual assault is devastating to any victim. The emotional and mental scars a sexual assault victim experiences can last the rest of their lives. Our experienced law firm helps victims of sexual assault and abuse. We want our victims to get the justice they rightfully deserve.
If you or someone you love has been sexually assaulted or abused, contact The Eichholz Law Firm today. We’ll help you get the justice you deserve. To get started, fill out an online contact form, or call us at (855) 551-1019. Any information you provide to us will be strictly confidential.
Civil Suits vs. Criminal Prosecutions for Rape or Sexual Assault
The civil and criminal justice systems are very different. The criminal justice system is what people are most familiar with because it has been featured on TV shows such as Law & Order. The federal or state government in a criminal justice system brings a case against one person. The government may prosecute the defendant for statutory rape, child molestation, sexual battery, sexual assault, or rape. For a federal or state government to win their case, they must prove beyond a reasonable doubt that the defendant committed the act. If the defendant is convicted or pleads guilty to the crime, they will likely serve jail time.
On the other hand, an individual who was wronged or harmed can bring a case against a business or the person who committed the act in the civil justice system. This is the area in which our firm works. The person filing the case creates a complaint document detailing the harm done to them. These claims could include any of the crimes mentioned above (statutory rape, child molestation, sexual battery, sexual assault, or rape) as well as additional claims, including negligent supervision, negligent training, or negligent hiring. The plaintiff must be able to prove their case by the “preponderance of evidence,” a legal phrase that means “more likely than not,” to win. If the plaintiff wins their case or the defendant agrees to a settlement, the injured individual is entitled to receive compensation for their pain and suffering. There are circumstances where the court could enter a special order known as an injunction, which gives a specific directive to the defendant. For example, an experienced attorney could seek an injunction to prevent a pastor convicted of sexual abuse from preaching in any church ever again.
Working With a Sexual Assault Lawyer
A victim should hire a sexual assault lawyer for many reasons. The emotional, mental, and physical anguish a victim can experience following sexual assault could cause severe, long-lasting issues for themselves and their families. A knowledgeable sexual assault lawyer can provide a victim with therapy and critical counseling services, participate in criminal proceedings against the defendant, and pursue a possible civil claim against a property owner or business whose negligent actions may have contributed to the cause of the attack.
While the criminal law system usually punishes perpetrators, victims don’t receive full compensation for the devastating consequences of their assault. In addition, the criminal case itself doesn’t punish negligent property owners or businesses that failed to keep their premises safe. A victim can only receive compensation for their emotional or physical injuries by bringing a case through the civil law system.
Many civil cases for sexual assault are brought on behalf of a victim who was assaulted in a hotel, an apartment, or any other business due to the owner’s failure to secure their property.
Filing Sexual Assault Lawsuit in Georgia
While civil lawsuits are your best option to receive financial compensation, bear in mind that these types of cases require the following evidence:
- The attacker caused you intentional harm or engaged in aggressive sexual contact
- You did not consent to the behavior
- The sexual assault occurred
- You suffered injuries as a result of the assault
In order to have a successful claim, all of these elements must be proven in court, which is why you need to have a qualified Georgia personal injury lawyer by your side who understands how to put a strong case together. Our law firm can help you gather the appropriate evidence to support your claim.
Other Parties That Could Be Held Responsible
Besides the perpetrator, the victim can also bring a civil suit against another party, depending on the circumstances. For instance, if the abuse occurred at a school, a place of business, or another institution, that person (i.e., the perpetrator’s employer) could be held responsible for failing to protect a vulnerable young group or individual or failing to provide adequate security under a negligent supervision theory.
One such example includes the Roman Catholic Archdioceses and Dioceses across the country. Since the 1990s, the Roman Catholic clergy have been accused of sexually abusing young children. Millions of dollars in settlements have been paid out to victims all over the United States.
More recently, Lyft and Uber have faced lawsuits claiming that the rideshare companies haven’t done enough to keep passengers safe from being sexually assaulted and have ignored complaints regarding its drivers’ criminal or inappropriate behavior.
Sexual Assault Statute of Limitations
The statute of limitations is a difficult hurdle to climb when it comes to civil lawsuits related to sexual assault. This law puts time limits on a victim’s right to file a case to seek damages from a perpetrator. Numerous states have passed or have considered passing extended time limits for civil lawsuits based on sexual abuse or assaults, especially those that involved victims who were still minors during the time of the incident. Some states have enacted what is known as “lookback windows,” which give victims a special time period to file civil cases for abuse that took place decades ago.
Our personal injury attorneys will be happy to discuss the Georgia statute of limitations deadline with you and help you better understand all of the other case-filing rules that might apply to your specific case.
Contact Our Legal Team Today
Sexual assault is devastating to any victim. The emotional and mental scars a sexual assault victim experiences can last the rest of their lives. Our experienced law firm helps victims of sexual assault and abuse. We want our victims to get the justice they rightfully deserve.
If you or someone you love has been sexually assaulted or abused, contact The Eichholz Law Firm today. We’ll help you get the justice you deserve. To get started, fill out an online contact form, or call us at (855) 551-1019. Any information you provide to us will be strictly confidential.