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Sexual Assault

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If you are a survivor of sexual assault and have questions about filing a lawsuit, you can contact the injury lawyers at Taylor King Law.

Our law firm is ready to listen, and we’re prepared to hold your abuser accountable. Our experienced sexual abuse lawyers will handle your lawsuit from start to finish and help you recover the damages you deserve, regardless of criminal charges.

The recovery from a sexual assault is different for each individual. There’s no timetable for healing. There’s no single correct way to handle the aftermath of a sexual assault. Whether you choose to pursue criminal charges, file a civil lawsuit, or report your assault to the police, Taylor King Law can help you explore your legal options.

Sexual Assault Lawyer

No firm is more committed to being on your side during what’s been a difficult time. Whether you’ve been assaulted, sexually harassed, or sexually abused, you deserve to be heard. And you deserve legal representation you can trust.

We understand it requires courage to come forward. We also understand you may have questions or concerns about filing a civil lawsuit. We’re more than ready to listen, and to answer your questions.

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What’s the Difference Between a Criminal Lawsuit and a Civil Lawsuit for Sexual Assault?

In a criminal lawsuit, the prosecutor will prove the defendant committed the crime “beyond a reasonable doubt.” If found guilty, the abuser will face criminal charges including a prison sentence, probation, fines, and required registration as a sex offender.

Keep in mind there is a statute of limitations in some instances. In Arkansas, the statute of limitations for rape is six years. However, there are exceptions: if the crime was committed against a minor, for example. There is no statute for first-degree sexual assault in Arkansas, but a 3-year statute of limitations for second-degree and third-degree sexual assault. Once again, the statute of limitations does not apply if the victim is a minor.

A civil lawsuit, or personal injury lawsuit, focuses on you and your recovery of damages for sexual abuse. While a criminal lawsuit requires the plaintiff to prove a crime was committed “beyond a reasonable doubt,” a civil lawsuit requires a lower burden of proof. In a civil sexual assault lawsuit, the plaintiff will seek “preponderance of evidence,” meaning it’s more probable than not that the abuser sexually assaulted the victim.

Regardless if your assailant was found guilty of criminal charges or convicted, you can still pursue a civil lawsuit against them to recover compensation.

What are Recoverable Damages in a Civil Lawsuit for Sexual Abuse?

Medical Treatment for Injuries

This includes expenses for medical treatment for injuries from the attack and costs related to sexually transmitted diseases. If an unwanted pregnancy, then associated medical costs are recoverable.

Mental Health & Psychological Treatment

Seeking support from a therapist following a case of abuse can help someone deal with their experience. In the immediate aftermath, as well as in the long-term, the cost of therapy is a recoverable damage.

Mental Anguish

Your suffering, though incalculable, will be included in your civil lawsuit. Victims of sexual violence are more likely to develop substance abuse, wrestle with self-harm and suicidal thoughts, and develop depression.

Loss of Wages

Whether due to injuries or trauma, oftentimes victims of sexual assault will need time away from work.

Mental Loss of Future Wages or Income Capacity

In some cases, the trauma of sexual assault may limit your ability to return to work. If you suffered sexual abuse while on the job, you can seek damages for your inability to return to that same organization.

Loss of Consortium

If an assault causes a survivor to withdraw from their loved ones or impairs their relationship, they can claim loss of consortium.

Punitive Damages

Punitive damages are considered punishment when a defendant’s behavior is especially harmful. In the case of sexual abuse, punitive damages will be sought.

Third-Party Liability in a Sexual Assault Case

While an attorney will pursue damages against the assailant, in many instances, a third party is also liable. A negligent third party may include an enabler, an organization, a building supervisor, figures of authority, or anyone who could have prevented the assault.

For instance, if a nursing home fails to properly train or monitor their staff and an assault takes place under its care, the nursing home is liable.

A student or child who has suffered sexual abuse by a teacher or coach can hold the school district, leadership, and hiring staff liable.

If a patient suffers sexual abuse by his or her doctor while under examination, the clinic or hospital is liable for damages.

In the case of sexual assault while on a hotel’s property, the resort or hotel may be liable due to inadequate security to prevent the assault.

An experienced attorney will ask the right questions, and passionately pursue every avenue of justice. Ask an injury lawyer if third-party liability is likely in your case.

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