what kind of lawyer do i need for sexual assault case

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.

What can I do if I’m accused of sexual assault?

You may wish to initiate a civil suit to seek compensatory damages (money for the damages or injuries you sustained as a result of the sexual assault) and possibly punitive damages, which are aimed at punishing the defendant. Civil suits may take years to resolve, and there is no guarantee you will win.

Can a civil suit be filed for sexual assault?

The sexual assault definition under your state’s criminal law may differ from the definition for civil lawsuits — which sue for damages. That means, you may be able to win a civil suit even if a jury acquitted your assaulter of a criminal offense.

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.

Why are sexual assault cases so hard?

Zug said rape cases are notoriously hard to try in part because of the burden of proof; there are usually only two witnesses to the crime—the victim and the defendant.

Who defends sexual assault victims?

RAINN is the nation's largest anti-sexual violence organization. RAINN created and operates the National Sexual Assault Hotline in partnership with more than 1,000 local sexual assault service providers across the country. If you or someone you know has been sexually assaulted, help is available.

What is first degree sexual assault?

A person is guilty of first degree sexual assault if he or she engages in sexual penetration with another person, and if any of the following circumstances exist: (1) The accused knows or has reason to know that the victim is mentally incapacitated, mentally disabled, or physically helpless.

How are sexual abuse cases handled?

Many sexual assault cases are resolved through a plea bargain. A plea bargain an agreement between the prosecutor and perpetrator's representative, in which the perpetrator agrees to plead guilty to a crime in return for a reduction in penalty, such as a lighter sentence.

What is sexual assault?

First, sexual assault means any nonconsensual act that is defined by federal, state, or tribal law, even if the victim cannot consent to the sexual activity. Rape and sexual assault are rarely crimes of passion. They are about gaining control over the victim.

Why don't people report sexual assaults?

Many people may not report a sexual assault because they don’t believe that what happened to them is an assault in the eyes of the law or they think the authorities won’t believe them. Others may not report a sexual assault because they are afraid of public scrutiny.

Is sexual assault a civil or criminal charge?

Criminal and Civil Claims. While sexual assault is a crime, the burden of proof in criminal court is high. The assault must be proved without a reasonable doubt. However, this crime may also be prosecuted in civil court.

Is it the victim's fault that they were raped?

The most important thing you should know is that it is never the victim’s fault that they were sexually assaulted or raped. Our sexual assault lawyers understand that keeping your case as confidential as possible is necessary.

Can you sue your spouse for sexual assault?

Additionally, if you were sexually assaulted, this may have an effect on your spouse. You may be able to sue on behalf of a spouse who suffers from anger, loss of sexual intimacy, fear, and resentment. These feelings cause a rift in your marriage and could even destroy the relationship.

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 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.

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.

Sexual Abuse and Sexual Assault

Recent events have highlighted the prevalence of sexual violence worldwide, but that does not mean things are getting better. The #MeToo movement in Canada has made some inroads into exposing the behavior, but people need to do much more to bring the perpetrators to justice.

Considerations before Hiring a Sexual Abuse Case Lawyer

Sexual abuse cases are tricky because you are dealing with children. Having them relive their experiences can be very traumatic. You must make sure you choose a lawyer specializing in these cases because they are more likely to handle children properly.

Reasons to Hire a Personal Injury Lawyer for Your Sexual Abuse Cases

Anyone can file a lawsuit for personal injury in Canada. You do not need a lawyer to do that. However, personal injury lawsuits can be complicated, especially in sexual abuse cases involving a minor. It can be easy to make a mistake that can ruin your chances of getting compensation.

Contact Diamond & Diamond Lawyers Today

Being a victim of sexual abuse is a serious problem. Even if the event or events happened a long time ago, the effects linger on to hinder the child’s physical, emotional, and psychological development. If you are a victim of sexual violence, you can make your abuser pay for their behavior by filing a personal injury lawsuit.

What do victims of sexual assault want?

In addition to finding a sense of justice, victims of sexual assault may also want information about caring for their own emotional well-being and working towards recovering from the trauma they have experienced. Any of the below options can be pursued independently or possibly at the same time.

Can a sexual assault victim file a civil suit?

Some survivors of sexual violence may choose to file a civil lawsuit for money damages against perpetrator (s) of sexual violence. Unlike a criminal investigation, a civil suit is a private legal action that you initiate. Civil actions generally require a lower standard of proof (preponderance of the evidence) than criminal cases ...

Why don't victims report sexual assault?

But victims don’t report sexual assault for a variety of reasons, including fear that law enforcement won’t take them seriously – a fear that research has borne out.

Who was the prosecutor for Christine Blasey Ford?

And if Christine Blasey Ford’s case came across Arizona prosecutor Rachel Mitchell ’s desk today, she wouldn’t think it met that standard, Mitchell wrote in a memo. Mitchell questioned Ford before the Senate Judiciary Committee about her allegation that Brett Kavanaugh sexually assaulted her in high school.

What does it mean when a victim fails to work with her trauma?

Failing to work with a victim’s trauma can mean missing possible leads in the case – and further re-traumatization of the victim. A trauma-informed approach to interviewing victims can lead to clues that can make up for gaps in a victim’s memory, perhaps a piece of clothing or a detail about the setting, Powers said.

Is sexual violence prosecution low?

And while national data on prosecutions does not exist, some research suggests that prosecution rates remain low in many jurisdictions.

Why do lawyers take the accusations lightly?

This is because they often take the accusations lightly. Their innocence tends to blind them from seeing the imminent danger. With such an attitude, they often prison without knowing it. Eventually, the lawyers will have a hard time proving your innocence.

What does a good attorney look for in a case?

A good attorney will look at every angle and collect all the evidence without living any behind. These include text messages, call logs, and anything to prove you are being accused falsely. This is the only way you will be able to prove that you are not the perpetrator.

What to say when accusing someone of a crime?

Many clients usually say ‘If I just have a few words with the accuser, I may save myself.’ We have never seen that turn out well. Once you are accused, such thoughts should be discarded from your mind immediately. Having any contact with your accuser can make matters worse than they are. By doing that, you will be helping the complainant to build a strong case.

What to say when arrested in court?

During your arrest, the police will read your rights as they handcuff you. The only phrase to pay attention to is ‘You have the right to remain silent.’ As lawyers, we always advise our clients to make use of that rightfully. Keep your mouth completely shut. This is because anything you say can and will be used against you in the court of law.

Do lawyers know which stones to turn?

They tend to know which stones to turn and which ones not to. They will also know if you are too incriminated for them to take a deal. Any move your lawyer takes will be critical to the case. Those are just some of the benefits of a good lawyer when being falsely accused. There are quite many more.

Is false accusation a crime?

Being that false accusation is a crime, you can scare off the accuser. We must make complainant know they will be charged if the accusations are false. We then go ahead and line up the charges they are risking to face. If at all they have no chance of winning the case, they will withdraw their charges.