Can a Victim of Sexual Assault File a Civil Claim?
Statistics show that approximately every 68 seconds, someone in the United States becomes a victim of sexual assault. Regrettably, instances of rape and sexual abuse are growing problems in our society. This is a concerning trend that does not seem to be going away anytime soon, and the mental and emotional pain and suffering that victims experience are often long-lasting.
After a person becomes a victim of sexual abuse, it is imperative that they reach out to law enforcement immediately. Regrettably, the majority of sexual assault and rape cases go unreported. It is all too common for victims to hesitate to report their attacks due to feeling embarrassed, ashamed, or fearful. Although law enforcement is able to investigate sexual abuse as a criminal case, bringing up criminal charges does very little to help victims move forward. For this reason, it is crucial that victims seek the assistance of a Massachusetts sexual abuse lawyer as soon as possible. They may have legal options available in civil court.
Pursuing a Civil Case Against your Abuser
After suffering abuse, the police will take action to bring the perpetrator to justice. Regardless of whether a person is criminally charged or not, you may still be able to pursue a civil case against the person who caused you harm. Bringing forth a civil claim against your abuser can help you gain financial compensation to cover various costs you face moving forward. In some instances, schools, apartment complex owners, government entities, churches, businesses, and even hospitals may be held accountable.
Proving Liability
In order to file a successful claim, you must be able to prove that the perpetrator engaged in a reckless or negligent action toward you. When it comes to instances of sexual abuse, you need only prove that the perpetrator failed to adhere to the applicable standard of care and breached the legal duty owed to you. Reckless conduct, on the other hand, includes cases where people consciously disregard an unjustifiable risk and engage in committing actions against another person that grossly deviate from the standard of care.
When it comes to sexual assault cases, there are instances when property owners can be held liable when they fail to adequately secure their property to prevent injuries or harm to their tenants and guests. Another theory of liability surrounds businesses and other commercial facilities that engage in negligent hiring practices. When various companies hire people, it is crucial that they perform adequate background screenings on all prospective employees. When they fail to do so, and they hire unsafe workers, they can be held liable for any damage or injuries they cause.
Let Carmen L Durso Fight For You
If you are a victim of sexual abuse or assault, it is important that you act quickly to protect your legal rights. Our Massachusetts sexual abuse lawyer at the Law Office of Carmen L Durso will investigate the circumstances surrounding your attack and identify all liable parties. We will help you pursue legal action against your abuser and hold them to account. Contact our law firm today by calling 617-728-9123 to get started on your case.
