i was victim of sexual assault what kind of lawyer i need?

Full Answer

Do you need a lawyer for sexual abuse?

... Victim of Sexual Abuse? You've come to the right place. If you are a victim of unlawful sexual conduct -- including rape, molestation, clergy abuse, and unwanted sexual touching -- you should speak with a sexual abuse lawyer today.

Can I bring a lawsuit for sexual assault?

Sexual assault or sexual abuse victims can bring a personal injury lawsuit in civil court against the perpetrator. Sexual assault lawsuits can also be brought against third parties such as schools, employers, churches, etc., if their negligence allowed the assault or abuse to occur.

What does a civil assault and battery lawyer do?

A civil assault and battery lawyer helps victims sue for money damages from the assailant. Use FindLaw to hire a local civil assault and battery lawyer to get compensation for medical expenses, emotional distress, or pain and suffering.

Should I talk to the police about a sexual assault?

If you have been assaulted and are hesitant to discuss such personal matters with the police, you can request an officer of the same sex to take your statement. While discussing sexual assault is not comfortable, it is imperative that you file charges against the perpetrator, whether you know them or not.

What type of evidence is needed in a sexual assault case?

The evidence most often encountered in sexual assault cases includes not only biological evidence (e.g., semen) but also fingerprints, impression evidence (e.g., shoeprints), and trace evidence (e.g., hairs/fibers). Collect as much sample as possible from a single source.

Who defends sexual assault victims?

This is a specific area of law and one that requires a lawyer with experience handling these types of delicate and personal cases. While the police focus on the criminal aspects of your case, you need an injury attorney on your side that can offer compassionate legal guidance and support at every turn.

What is the name for someone who sexually assaulted someone?

The term perpetrator refers to any person who commits a sexual assault, regardless of whether the victim is a minor or an adult, whereas sexual offender refers to someone who has been convicted of a criminal sexual offence.

Who deals with sexual assault cases?

You have several options for reporting sexual assault:Call 911. If you are in immediate danger, dial 911. ... Contact the local police department. Call the direct line of your local police station or visit the station in person. ... Visit a medical center.

Do victims have to testify in court?

If a witness in a criminal case refuses to testify, he or she could be found in contempt of court. Being in contempt could result in jail time and/or a fine. A victim in a domestic violence or sexual assault case, however, cannot be jailed for refusing to testify.

What is it called when someone is raped with an object?

Rape is technically defined as forced penetration (with any body part or object) including anal, vaginal or oral intercourse.

How can a sexual assault victim be helped?

A sexual assault lawyer from The Carlson Law Firm can help victims through the toughest moments of their lives. A sexual assault is a traumatic experience and can completely alter your life physically, mentally and financially. Sexual assault victims often need to seek therapy to overcome the traumatic experience, in addition to lost wages or loss of support stemming from the assault. Unfortunately, criminal proceedings do not award damages to victims. To mitigate some of the financial burden that can soar from seeking and receiving the help you need, it is important that you and your family file a civil lawsuit to receive the compensation you deserve to move forward. Speaking to a victim’s sexual assault lawyer can help you as you begin to put your life back together.

What is Carlson Law Firm?

The Carlson Law Firm is dedicated to raising the voices of victims silenced by their abusers. As more survivors find their voice, our country is coming to reconcile the fear and trauma suffered by survivors. If you are survivors of sexual abuse, you need a law firm on your side to help you in your recovery. Our firm has some of the leading legal advocates to elevate your voice in the courtroom. If you want a firm that embodies the compassion you need to get you through a legal battle, as well as the resources to ensure you get top-notch legal representation, you want The Carlson Law Firm.

Is rape a form of sexual assault?

Rape is a form of sexual assault, but not all sexual assault is rape. Rape is a legal term that is usually reserved for acts that include sexual penetration without consent. Sexual assault is a broader definition that refers to the general sexual contact or behavior without explicit consent from a victim. Survivors can immediately begin dealing with extremely distressing emotions following a sexual assault or rape. Every survivor responds to the damaging effects of sexual violence differently. The healing process can seem like a lonely path, but you don’t have to go it alone. A Carlson Law Firm victims sexual abuse lawyer can help you get the resources you need to ease the pain in the aftermath of sexual assault. Survivors often experience physical, mental and emotional effects including, but not limited to:

Is sexual assault a crime?

While sexual assault is a crime, consulting with a civil sexual assault attorney can give you a different kind of justice. A civil sexual assault lawsuit can give you remuneration for the following sexual assault damages:

What is the difference between a civil and criminal sexual assault case?

There are two types of sexual assault lawsuits: criminal and civil. Criminal lawsuits don’t necessarily have the victim’s best interest at heart. In a criminal lawsuit, the prosecutor and police’s goal is to lock up the offender.

Why do sexual assault attorneys use pretext messages?

Sexual assault attorneys may also use a pretext text message from the victim’s phone to try to gather evidence directly based on the perpetrator (s) responses. Perpetrator (s) will sometimes directly admit to the sexual assault, as long as it is not characterized as an “assault.”. Consider the following example:

What is the need to prove in a civil suit?

In a civil suit, the victim need only prove that it is “more probable than not” that a sexual assault occurred. The assault and lack of consent need not be proven “beyond a reasonable doubt.”

Why is it easier to win a civil case?

And it’s often easier to win a civil trial because jury verdicts generally don’t have to be unanimous and the burden of proof is lower.

Can you win a civil case if you are acquitted of a crime?

That means, you may be able to win a civil suit even if a jury acquitted your assaulter of a criminal offense. For example, some state’s criminal definitions of sexual assault requires physical harm to the victim. In contrast, the same state may allow recovery for emotional distress from a sexual assault in a civil case.

Is a sexual assault attorney the best?

The best attorney for you may not be the best attorney for someone else. Generally, a sexual a ssault attorney should be someone who is sensitive to the victim’s needs. Sometimes, victims may not want to present certain evidence in court because it is simply too personal.

Who is Amy the lawyer?

The Daily Journal named her a Top Woman Lawyer in California for 2021.

Civil Lawsuits and Damages for Sexual Assault

Sexual assault or abuse is a serious crime and perpetrators can face criminal charges and potentially go to prison or face alternative criminal sanctions. Unfortunately, assault victims do receive any type of restitution in criminal proceedings against the offender.

Getting Money Out of a Perpetrator Can Be Difficult

Even if a sexual assault victim wins a civil lawsuit against the perpetrator, that just means that they get an order from the court instructing the abuser to pay a certain amount of money. Just because the defendant in a civil lawsuit is held liable and ordered to pay damages, this does not mean that the plaintiff automatically receives any money.

Suing Third Parties for Sexual Assault

In many sexual assault or abuse cases, suing the perpetrator of the assault is not the only option. There are many circumstances in which a third party can be named as a defendant and held liable for sexual assault or abuse.

Statute of Limitations

If you want to file a sexual assault lawsuit you need to make sure that the statute of limitations has not already expired on your claim. Each state has a statute of limitations which sets deadline on who long you can wait before filing a lawsuit. If the deadline has expired, you will be legally barred from filing your case.

Christian K. Lassen II

Based on the brief information you gave, you should consult a qualified personal injury attorney. You may have the ability to bring a lawsuit in either Florida or Louisiana, and whichever attorney you consult can give you their opinion on this based on additional questions they will likely need to ask you. Good luck!

Kristy Belle Guy Zinna

You may need a Lousiana lawyer to deal with that issue, since it occurred there, but there may also be jurisidiction in Florida since you are all from here. This will all revolve around why and how such a video came to be and what it shows. You need to retain a lawyer to address any such issue immediately from several angles.

Mark Theodore Tischhauser

I agree with the advice provided by Mr. Rash.

Nancy Ann Davito

You may be limited to workers comp. Did you file a criminal complaint? Talk to a PI lawyer near you.

Bruce Ward Bain

You should consult with an attorney who has experience handling personal injury cases. In terms of filing a lawsuit, you may typically have options of where depending on where the incident occurred, Louisiana, where the person who assaulted/battered you resides, Florida, or where the trucking company you were employed by has its principal office.