April is Sexual Assault Awareness Month, a time dedicated to raising awareness about sexual violence, supporting survivors, and advocating for change. Too many people have become victims of sexual assault or abuse, and in many instances, these perpetrators evade punishment from the criminal justice system. Although it is disheartening to witness a lack of criminal consequences, alternative methods exist to ensure they are held accountable. At Meyers & Flowers, we believe in empowering survivors by providing them with the knowledge they need to understand their legal rights and seek justice. In this blog post, we’ll explore the legal recourse available to survivors and provide valuable information to help you navigate the legal system.
What is sexual assault?
Sexual assault refers to any form of unwanted sexual contact or behavior that occurs without explicit consent. It encompasses a wide range of actions that violate an individual’s autonomy and can cause physical, emotional, and psychological harm. Actions that fall under the umbrella of sexual assault can include:
- Rape: Forced sexual intercourse or penetration without consent.
- Statutory rape: Sexual activity with a minor below the age of consent, regardless of verbal consent.
- Sexual harassment: Unwelcome advances, requests, or conduct of a sexual nature creating a hostile environment.
- Sexual coercion: Using pressure or threats to force someone into sexual activity.
- Non-consensual sexual contact: Any sexual behavior without explicit consent, including kissing or touching.
- Drug or alcohol-facilitated sexual assault: Using substances to impair consent.
- Human trafficking/forced prostitution: Exploiting individuals through force, fraud, or coercion for sexual purposes.
- Producing non-consensual pornographic content: Creating or distributing pornographic material without explicit consent.
How are criminal and civil sexual assault cases different?
In a criminal sexual assault case, the government prosecutes the perpetrator for violating criminal laws. The primary objective is to punish the offender for their actions through imprisonment, fines, probation, or other penalties. To obtain a conviction, a prosecutor must prove beyond a reasonable doubt that the defendant did, in fact, commit the crime.
In a civil sexual assault case, the survivor (plaintiff) brings a lawsuit against the perpetrator (defendant) seeking compensation for the harm they’ve suffered. The primary objective is to hold the perpetrator accountable for their actions and obtain financial damages to compensate the survivor for their injuries and losses.
Criminal and civil sexual assault cases can coexist, and the criminal case does not have to be successful for a victim to win a related civil claim. The matters are entirely separate. While a conviction helps, victims can still recover compensation without one.
Who can be held liable for Sexual Assault?
The person who sexually assaulted you is ultimately the one responsible for their actions, but they may not be the only party who is liable. Illinois state law allows those who have been assaulted to hold other parties responsible if those parties had a legal obligation to keep them safe and failed to do so. This can include entities such as employers, property owners, or institutions like schools or businesses where the assault occurred.
If these parties were aware of the risk of harm and failed to take reasonable steps to prevent it, they may share responsibility for the assault. Holding all responsible parties accountable is crucial for seeking justice and preventing future incidents of sexual assault.
Can victims of sexual assault be entitled to compensation?
Civil lawsuits can provide survivors with the opportunity to seek financial restitution for the damages they have suffered as a result of the assault. Some types of compensations that survivors may be entitled to include:
- Medical Expenses: medical treatment related to the assault, including hospital bills, medication, therapy, and ongoing medical care.
- Therapy and Counseling Costs: expenses for therapy and counseling to address the emotional and psychological effects of the assault.
- Lost Wages: any income lost as a result of the assault, including missed work due to physical injuries, emotional distress, or attending court proceedings.
- Pain and Suffering: the physical pain, emotional distress, and mental anguish caused by the assault and its aftermath.
- Punitive Damages: In some cases, survivors may be awarded punitive damages intended to punish the perpetrator and deter similar conduct in the future.
How can Meyers & Flowers help?
At Meyers & Flowers, we are dedicated to providing survivors of sexual assault with the compassionate and skilled legal representation they deserve through civil lawsuit. Our experienced attorneys have a deep understanding of the sensitive nature of these cases and are committed to advocating fiercely for the rights of survivors.
If you are a survivor of sexual assault considering pursuing legal recourse through a personal injury lawsuit, we encourage you to reach out to our firm for a confidential consultation. We will listen to your story with empathy and respect, explain your legal options, and guide you through the legal process with compassion and expertise.
While a civil suit cannot send the person who assaulted you to jail, it can provide you with the money you need for medical care, counseling, and other support services. Contact Meyers & Flowers today at 630-576-9696 for your free, no obligation case evaluation or click here.