lawyer for someone who is accused of sexual abuse

A sexual assault defense attorney is a criminal defense lawyer who specializes in defending people accused of sexual assault. As soon as the police make contact with a person regarding a possible accusation of sexual assault, the person should consult an experienced sexual assault lawyer for guidance.

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What does a sexual abuse lawyer do?

Sexual abuse and assault are very serious crimes. If you have been accused of rape, child molestation, or some other type of sexual abuse you should immediately consult with a skilled and knowledgeable criminal defense attorney. An attorney can discuss your legal options and your legal rights, as well as represent you in court. If you are a victim of sexual abuse, you …

What kind of lawyer do I need for a sex crime?

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. Use FindLaw to hire a local sexual abuse lawyer who can help you recover compensation for medical expenses and pain and suffering under a civil claim.

What to do if you are accused of sexual abuse?

Personal injury (or "trial") lawyers represent survivors of sexual abuse in the civil court system. Trial attorneys can file claims on behalf of victims against either abusers or "third parties," like an apartment owner whose negligence allowed an assault to occur or a Church leader who hid allegations of sexual abuse from the authorities.

What can a victims'rights lawyer do for me?

 · A sexual assault defense attorney is a criminal defense lawyer who specializes in defending people accused of sexual assault. As soon as the police make contact with a person regarding a possible accusation of sexual assault, the person should consult an experienced sexual assault lawyer for guidance.

How do you protect against false allegations?

How to Defend Yourself Against False AccusationsStay Calm. ... Hire an Attorney to Help You Fight Back. ... Gather Evidence. ... Challenge the Accuser's Credibility. ... Find Your Own Witnesses and Present Evidence of Your Side of the Story. ... Develop a Strategy in Criminal Defense Cases.More items...

What does allegations of sexual misconduct mean?

Sexual misconduct is misconduct of a sexual nature which exists on a spectrum that may include a broad range of sexual behaviors considered unwelcome. This includes conduct considered inappropriate on an individual or societal basis of morality, sexual harassment and/or criminal sexual assault.

What do you call someone convicted of sexual assault?

Society and policy makers have long struggled with finding effective ways to protect the public from sex offenders. A sex offender is a person who's been convicted of certain sex crimes, such as sexual assault or sexual conduct with a minor.

What are the three types of sexual assault cases?

Types of Sexual ViolenceSexual Assault. Sexual assault can take many different forms and be defined in different ways, but one thing remains the same: it's never the victim's fault. ... Child Sexual Abuse. ... Sexual Assault of Men and Boys.

What are the early warning signs of sexual misconduct?

These behaviors can include things such as nightmares or sleep problems, a loss of appetite, mood swings, a new or unusual fear of a certain person or place, unusual knowledge of adult sexual behaviors and language, and/or not wanting to be touched or hugged.

What is Level 1 sexual misconduct?

1. A person commits the crime of sexual misconduct in the first degree if such person purposely subjects another person to sexual contact without that person's consent.

How long do rapists get in jail?

Where the victim was female, as they were in the vast majority of cases, the average sentence was 117 months – roughly nine years and nine months. But for the 32 criminals sentenced for raping men and boys, the average sentence was almost two years longer – 138 months, or 11 years and six months.

What is sexual coercion?

Sexual coercion is unwanted sexual activity that happens when you are pressured, tricked, threatened, or forced in a nonphysical way. Coercion can make you think you owe sex to someone. It might be from someone who has power over you, like a teacher, landlord, or a boss.

What is sexual abuse?

Sexual abuse is generally defined as any sexual act with the intent to abuse, humiliate, harass, or degrade another person. State laws concerning criminal sexual abuse vary according to whether the victim of the abuse is an adult or a minor. Child sexual abuse is most commonly referred to as child molestation, while adult sexual abuse is often ...

What to do if you are accused of rape?

If you have been accused of rape, child molestation, or some other type of sexual abuse you should immediately consult with a skilled and knowledgeable criminal defense attorney. An attorney can discuss your legal options and your legal rights, as well as represent you in court.

What is aggravated sexual abuse?

Aggravated sexual abuse occurs when a person uses force against the victim, or threatens the victim causing them to fear death, serious bodily injury, or kidnapping. This type of abuse may also occur when a person knowingly renders the victim unconscious then proceeds to engage in sexual acts.

What is the maximum age for child molestation?

If the sexual contact occurred with a child under the age of twelve , the maximum allowable punishment is doubled in most states. A person may be guilty of child molestation if they commit any “lewd or lascivious” act upon or with the body of a child, with the intent to arouse, appeal, or gratify lust, passion, or sexual desires.

What is the difference between adult sexual abuse and child sexual abuse?

Child sexual abuse is most commonly referred to as child molestation, while adult sexual abuse is often referred to as rape or aggravated sexual assault. A person has committed sexual abuse when: They cause another person to engage in any sexual act by threatening or causing fear in that other person; or.

What are the consequences of child molestation?

A person may be guilty of child molestation if they commit any “lewd or lascivious” act upon or with the body of a child, with the intent to arouse, appeal, or gratify lust, passion, or sexual desires. Those convicted of child sexual abuse may be subject to the following consequences: 1 Imprisonment; 2 Being placed on a sexual offender registration; 3 Loss of right to vote; and/or 4 Mandatory AIDS testing.

Is sexual assault a crime?

Sexual assault is a crime in every state, and forbids sexual activity with any person unable to consent. People who are mentally ill, under the age of eighteen, or intoxicated are all considered to be unable to consent to sexual activities.

Who is the offender in child abuse cases?

In roughly 90% of child sexual abuse cases, the offender is either a family member or acquaintance of the family. Many abusers seek positions of trust and authority to more easily commit their crimes, such as priests or Boy Scout leaders.

How to help a child who has been sexually abused?

As emotional as you may feel, try not to show anger or panic in front of your child. Child sexual abuse can unquestionably affect victims well into their adult lives, but the right combination of protection, support, and therapy can help them to recover eventually.

What is abuseguardian.com?

AbuseGuardian.com is sponsored by a national network of sexual abuse and assault attorneys, legal professionals devoted to ensuring that the rights of survivors are protected. To find resources specific to your state, click one of the links below:

What are the challenges of sexual abuse?

Sexual assault and abuse bring forth a wide and difficult range of emotions, including pain, anger, depression, and, in some cases, even shame. Reporting an assault to the police, deciding to press charges, testifying in court - these steps toward justice may seem more like ways to reopen wounds than restore some balance to the world.

How does child sexual abuse affect adults?

Child sexual abuse can unquestionably affect victims well into their adult lives, but the right combination of protection, support, and therapy can help them to recover eventually. Make your child feel safe - Make sure your child knows that this abuse was wrong and that it will never happen again.

Why do people file lawsuits?

Juries are usually sympathetic to the victims of these heinous crimes, so it's common to see very high compensation amounts for these cases. A lawsuit can also help other victims gain the courage to come forward if they've also suffered abuse from the same attacker or within the same institution. We've seen this in cases like the Bill Cosby scandal, where dozens of other victims came forward after the first claim was made.

What is caring legal staff?

Caring legal staff dedicated to protecting your confidentiality

Who is the plaintiff in a civil lawsuit?

Again, a civil lawsuit is begun by the victim, who is called the “plaintiff” in civil court. In a civil lawsuit, the plaintiff has the burden of proving the elements of the tort of assault, battery, false imprisonment and/or intentional infliction of emotional distress (or other tort cause of action).

What is sexual assault?

Sexual assault is any sexual activity that occurs without clear consent from both parties. Sexual assault is a crime in every state. Sexual assault laws also forbid sexual activity with a person who is incapable of consent. People who are mentally ill, under the age of 18, or intoxicated are considered unable to consent.

How long do you go to jail for sexual assault?

Sexual assault is potentially a serious crime in every state. If a person is convicted, they may face from a few months to many years in prison, depending on the severity of the charge.

What is the purpose of suppression of evidence?

Suppression of Evidence: If evidence such as text messages, emails, phone messages, video, or physical evidence can be suppressed, it can help in the defense of a person charged with sexual assault; the suppression of evidence is usually based on the assertion that it was collected in violation of a defendant’s right not to be subject to unreasonable searches and seizures under the 4th Amendment to the U.S. Constitution;

Why is it important to attack the prosecution's evidence?

One way is to attack the prosecution’s evidence, so that the prosecution fails to prove every element of the crime beyond a reasonable doubt. For example, the defense might show that the prosecution’s eye witness really did not see the crime as well as the prosecution claims, because the location was dark and the witness far away from the actual scene. If the defense is successful in attacking the testimony of the eye witness, a jury might find that the prosecution has not proven the case beyond a reasonable doubt.

Can a victim of sexual assault file a civil suit?

Victims of sexual assault can also file a civil suit against their abuser or attacker. These civil claims are aimed at recovering money damages for the physical and mental injury and pain and suffering that were inflicted on them by the perpetrator of a sexual assault. Civil claims against the perpetrators of sexual assault can be filed at ...

Can a victim file a civil suit against an attacker?

Victims of sexual assault can also file a civil suit against their abuser or attacker. These civil claims are aimed at recovering money damages for the physical and mental injury and pain and suffering that were inflicted on them by the perpetrator of a sexual assault. Civil claims against the perpetrators of sexual assault can be filed at the same time as criminal charges are prosecuted against the perpetrator. However, if a perpetrator has been charged with a crime, the victim might want to wait until there is a disposition of criminal charges. If the perpetrator is convicted, this might help the victim in their civil lawsuit.

Who must be held accountable for sexual abuse?

Sexual abusers must be held accountable; likewise, people in a position of authority, who fail to protect those in their care, must also be held responsible for what happens on their watch.

What is sexual abuse?

While the legal definition varies by state and type, it is generally understood that sexual abuse involves unwanted sexual contact. Cases of abuse typically involve inappropriate use of power, and a number of factors can contribute:

How long does sexual abuse last?

Damage done by sexual abuse is not just physical; oftentimes, the mental and emotional impact of sexual abuse continues for many years or even a lifetime. Those who have been abused might develop unhealthy ideas about sexual relationships that can cause destructive behaviors and emotional distress.

What does it mean when a child shows signs of sexual abuse?

Promiscuous behavior, unnatural interest in subjects of a sexual nature. When children show symptoms of sexual abuse, professionals have a duty to report those behaviors and protect the child.

What do you deserve if you have been sexually assaulted?

If you or a loved one suffered through sexual assault, you deserve justice, support, and a chance at moving on with your life.

Why do students feel obligated to take part in the abuse?

The student may feel obligated to take part in the abuse simply because the teacher holds a role of power. Age: Acts that involve an adult and a minor are despicable acts; children are victimized simply because they are too young to protect themselves from the assault.

Why do perpetrators concoct stories?

Perpetrators often concoct stories to explain their behavior and discourage reporting.

What to do if you are falsely accused of molestation?

If you are falsely accused of molestation or other inappropriate sexual behavior with a child, you should also: gather and preserve any physical evidence in your possession that might relate to the alleged victim and your relationship with the victim (clothing, photos, videos, and objects) gather and preserve any documents or records ...

What is the charge against a child for inappropriate sexual behavior?

Accusations of inappropriate sexual behavior with a child – whether by a child, a parent or other family member, or a third party – are a very serious matter. Such accusations often lead to criminal investigations and referral to a child welfare or protection agency, and can result in criminal charges against the person being accused, ...

What to do if you have had inappropriate contact with a child?

The moment that you learn of accusations that you have had inappropriate contact with a child – even if you hear only rumors – you should contact an attorney for information and advice on what to do. Remember, communication between an attorney and a client is protected by attorney-client privilege, which means that any private conversations with an attorney are confidential and cannot be shared with anyone else or used against you in a criminal proceeding. Besides advising you, an attorney can immediately begin communicating on your behalf with anyone trying to question or contact you about the accusation.

What is false accusation?

False accusations can be intentionally false accusations by an adult or a child or allegations based in error – for instance, because a child misunderstands something an adult does or because an adult misunderstands a child's description of an event. False accusations also can arise because another person misinterprets an adult's relationship ...

What does a criminal defense attorney do?

An attorney can: advise you of all your legal rights as a criminal defendant.

What is the importance of investigating child sex crime charges?

In investigating child sex crime charges and preparing a defense, it is important to explore certain issues, including: whether the child is lying, has been aggressively coached on what to say , or misunderstands what happened. whether the child intentionally or mistakenly identified the wrong person as the offender.

What to do if you are being questioned by your employer?

If you are questioned by your employer or a representative of your employer, such as your supervisor, an administrator, or someone from human resources, and you become concerned that you may be fired if you do not respond to the questions on the spot, you will have to use your own judgment and decide whether to proceed without consulting an attorney. This is understandably a very tricky situation, as your employer could turn your statements over to law enforcement or a child welfare department if you respond, but might try to fire you if you do not respond. The one precaution you can take is to contact an attorney as soon as you hear anything – even a rumor – that you are being accused of child molestation.