what kind of lawyer helps sexual assault victims

by Roger Krajcik III 5 min read

How to respond to and help sexual assault victims?

  • “Thank you for sharing.”
  • “You are not to blame for what happened to you.”
  • “You didn’t deserve what happened to you.”
  • “I’m sorry this happened to you.”
  • “You are not what was done to you.”
  • “That was abuse, not healthy sexuality.”
  • “I support you in your healing process.”
  • “I respect you for addressing this.”
  • “I love you.”

What to do in case of sexual assault?

  • Creating a legal advocacy program that provides legal representation to sexual assault victims;
  • Requiring a JAG to preside over Article 32 pretrial investigations in sexual assault cases;
  • Giving commanders the flexibility to reassign or transfer members who are accused of sexual assault or related offenses in order to avoid contact with the victim;

More items...

What to do if you are accused of sexual assault?

What to Know if You Are Accused of Sexual Assault

  • Do Not Talk to the Police. An investigation of this crime usually assumes you are guilty and will use everything you say to try to incriminate you.
  • Beware of the Pre-Text Phone Call. A common investigative tool is to have the alleged victim call you. ...
  • Do not Consent to a Search or Request. The police may contact you. ...
  • Get an Attorney. ...

How to respond to an allegation of sexual assault?

Staff protocol for responding to a sexual assault allegation

  • Establish immediate safety [show details]
  • Facilitate access to services [show details]
  • Proceed to Critical Incident Protocol [show details]
  • Debriefing [show details]

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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.

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 are the hardest cases to prosecute?

Compared to other criminal cases, date rape charges are among the hardest to prosecute, and not for lack of caring by the legal industry.

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 the National Crime Victim Law Institute?

The National Crime Victim Law Institute (NCVLI) pairs crime victims with free attorneys who fight to secure their rights. They do this through their national network of legal clinics and their National Alliance of Victims’ Rights Attorneys (NAVRA). They also ensure that every attorney and advocate can make the best arguments for the victims they serve by providing them with legal technical assistance in the form of legal research, writing, and strategic consultation. In addition, they file amicus curiae (friend of the court) briefs in victims’ rights cases nationwide. NCVLI rarely provides any legal services directly to victims. When a victim contacts NCVLI they work to pair that victim with support services in his or her area, and to find a lawyer in their pool of pro bono attorneys who is willing to provide free or low cost legal services focusing efforts on active criminal cases and protecting victims’ rights during investigation, prosecution and post-conviction. They will then partner with those volunteer lawyers to ensure top quality advocacy on behalf of the victim. If you are seeking assistance with referrals, please fill out their online referral request form on the website.

What is the National Clearinghouse for the Defense of Battered Women?

The National Clearinghouse for the Defense of Battered Women is resource and advocacy center for battered women charged with any crime in which their history of abuse is relevant (or potentially relevant) to their legal defense.

What is the National Clearinghouse for Domestic Violence?

This national clearinghouse provides support for those interested in developing a comprehensive health care response to domestic violence in all health care settings. Provides resource and training materials, technical assistance, information and referrals, and models for local, state and national health policymaking. Part of the National Health Initiative on Domestic Violence, a program of the Family Violence Prevention Fund, and part of the Domestic Violence Resource Network.

What is legal momentum?

Legal Momentum takes a select number of cases per year, including cases regarding Title IX and also provides referrals to victims. Victims must fill out a legal assistance form found here. Legal Momentum also provides information about immigration and support to lawyers representing battered women in immigration cases.

What is NLADA?

NLADA is the nation’s leading advocate for front-line attorneys and other equal justice professionals, representing legal aid and defender programs, as well as individual advocates.

What is a public interest law firm?

This national, public interest law firm offers cutting-edge legal briefs and news on public interest issues, including civil rights, elder law, reproductive freedom, violence prevention, and women’s rights. This is the only site on the Internet where you can find complete contact information for all legal aid, legal services, and poverty law offices in the U.S.

What is the Hague Domestic Violence Project?

The Hague Domestic Violence Project provides information for mothers, lawyers, judges, and advocates involved in a domestic violence case brought under the Hague Convention on the Civil Aspects of International Child Abduction. Their goal is to help mothers, attorneys, judges and advocates incorporate child exposure to domestic violence as a defense to the otherwise required return of the child to his home country.

How much can you get in compensation after being sexually assaulted?

Sexual assault civil verdicts can vary based on the facts of the case and the emotional toll that the assault has taken. Some civil jury awards for sexual assault include:

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 does a sexual assault attorney look for?

The victim’s sexual assault attorney may also look for a serial pattern of behavior by the perpetrator (s), such as by contacting other potential victims or acquaintances of the perpetrator (s) who are the same gender as the victim.

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 does it mean to be a victim 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.”. At Gibbs Law Group, we always put victims first. That’s why we only represent victims. We do not represent assaulters.

What evidence does a victim's attorney need to prove that the sexual assault occurred?

The victim’s attorney may want to gather circumstantial evidence that the sexual assault occurred during a specific timeframe, such as sudden and otherwise unexplained behavioral changes, such as dropped classes, poor academic performance, withdrawing socially or from previously enjoyed activities, and disturbed sleep patterns (which might be shown by the victim’s computer activity in the months after the assault).

What is Rainn's mission?

The organization RAINN helps victims of sexual assault find local health care facilities with staff who are specifically trained to help survivors of assault, and who can perform a sexual assault forensic exam in a way that preserves evidence.

What is FindLaw for?

Use FindLaw to hire a local civil assault and battery lawyer to get compensation for medical expenses, emotional distress, or pain and suffering.

What to do if you are threatened with physical harm?

If you have been threatened with physical harm, hit, or otherwise touched when you didn't want to be, a civil assault and battery lawyer can help.

What is Sexual Assault?

The term “sexual assault” means any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent.

What is the Pediatric Safe Protocol?

National Protocol for Sexual Abuse Medical Forensic Examinations, Pediatric (PDF) (Pediatric SAFE Protocol) offers guidance for multidisciplinary agencies that coordinate with health care providers to facilitate medical care that addresses both the acute and longer term health needs these children face. The goal of the Pediatric SAFE Protocol is to provide evidence-based, trauma-informed recommendations for health care providers who conduct sexual abuse medical forensic examinations of children.

What is the National Training Standards for Sexual Assault Medical Forensic Examiners, 2D?

The training standards include recommendations for training objectives and topics that will enable a sexual assault forensic examiner to implement effectively the guidelines and standards outlined by the protocol.

What is the 2D protocol?

National Protocol for Sexual Assault Medical Forensic Examinations, 2d (PDF) is a revised edition of the original SAFE Protocol. Released in April 2013 by OVW, it maintains the same commitments of standardization and quality as the first SAFE Protocol, but is updated to reflect current technology. It also increases the emphasis on victim-centered care and includes additional information reflecting changes from the Violence Against Women Act of 2005. OVW developed a short fact sheet (PDF) and long fact sheet (PDF) on the updated protocol.

What to call if you are in danger?

If you are in immediate danger, call 911. OVW does not provide services directly to the general public. Find local help on our map or call the national hotline:

New Bill Helps Trial Lawyers Instead of Victims of Sexual Assault and Harassment

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 is really a backdoor way to reward trial lawyers under the guise of helping victims of sexual assault in the workplace. Pictured: Google employees stage a protest called “Walkout For Real Change” on Nov.

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What a Child Abuse lawyer can do for you

If a child has been the victim of emotional, physical, or sexual abuse, a child abuse lawyer can help you figure out the right child custody, visitation, or guardianship to protect the child. If you are accused of child abuse, a child abuse lawyer can also determine the best strategy to defend against the charges or clear your name.

Why hire a Child abuse attorney

A child abuse lawyer understands issues related to child abuse and neglect, and child physical or emotional abuse claims can arise in a variety of contexts and motives. Sometimes the young victim tells a relative, who then files a lawsuit; at other times, a government agency such as Child Protective Services may press charges.

Did you know?

About 30% of abused and neglected children will later abuse their own children, therefore continuing the cycle of abuse.

What Is a Domestic Violence Victim Advocate?

A domestic violence victim advocate is a professional who provides vital support to victims of domestic violence. Domestic violence includes physical, emotional, sexual, or psychological abuse inflicted by a spouse, intimate partner, or cohabitant. The domestic violence victim advocate may provide access to:

How do facts help victims of domestic violence?

Domestic violence facts can help victims and advocates better understand the impact of domestic violence on individuals and their relationships. They can also provide insight into how to detect, prevent, and heal from domestic violence.

How much does domestic violence cost?

Domestic violence can cost victims hundreds of thousands of dollars in medical services, criminal justice costs, and lost work, according to the CDC.

What is a crisis intervention advocate?

Crisis intervention advocates. These advocates may work for sexual assault crisis centers or hotlines, providing on-call services and support to victims 24/7.

What are the roles of victim advocates?

These advocates work for a shelter, social work agency, nonprofit organization, or other community help service. Crisis intervention advocates.

What is victim advocacy?

Victim advocacy is a rewarding, complex profession, which requires the development of core interpersonal skills and crisis training experience. Read on to learn more about what victim advocacy entails and how to build a career as a domestic violence victim advocate.

Why is it so hard to identify abusers?

As the Office for Victims of Crime reported, it may be difficult for others to identify abusers because they’re often not violent in other relationships . Abusers also deny accusations of abuse or shift the blame to the victim.

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