“What happens in Vegas, stays in Vegas” has been a fun phrase that people have been using for years to describe not only what may happen when you are literally in the city of Las Vegas, Nevada, but when you are having fun with your friends and decide to do something outside of your comfort zone.
Unfortunately, today, with the advent and rapid advancement of technology and social media, what happens in Vegas, may end up on the internet. What started out as a fun night could quickly turn into a nightmare for anyone what may suspect that they have been sexually assaulted while they were unconscious. Being assaulted in this extremely vulnerable condition is violating and can have lasting effects on the victims that are far beyond physical.
Bing sexually assaulted or raped in an unconscious state is one of the most difficult things that someone could go through. Not only could you have physical injuries which remind you of the ordeal, but psychological ones which may impact the way you interact with your daily life. An experienced attorney at the Heidari Law Group will be able to help you at every step of your case, even with the most sensitive issues following your sexual assault.
What is Sexual Assault?
According to the Rape Abuse and Incest National Network (RAINN) Sexual Assault is any sexual contact or behavior that occurs without the consent of the victim. Some examples of sexual assault include:
- Inappropriate and non-consensual touching
- Forcing a victim to perform sexual acts such as being penetrated, oral sex, or sexual touching
- Any attempt to penetrate the body of the victim wither with a body part or sexual organ of the perpetrator or a foreign object
- Penetration inside of the victim’s body either with a body part of the perpetrator or a foreign object, also known as rape
While Sexual assault and being raped while unconscious is incredibly traumatizing, these are not the only things which could happen to you while you may be in a vulnerable condition. Any intentionally offensive harmful contact with your body without your consent can be traumatizing. It is helpful to know whether the events which you were victim to were assault or battery.
In California’s criminal code §261 (a)(1), rape can be defined as any sexual intercourse between a perpetrator and a victim who are not spouses which occurs under any of the following circumstances:
- The victim was incapable of giving legal consent and this was known, or should have been reasonable known by the perpetrator at the time that they committed the act
- When the victim was unconscious
- When the victim was not aware that the sexual assault had occurred
- When the victim was prevented from resisting the assault due to an intoxicating substance, and this condition was known or should have been known by the perpetrator
What to do after being Sexually Assaulted
Suspecting of or knowing that you may have been sexually assaulted is one of the most difficult things someone would have to go through. Regardless of what the reason was for being unconscious, first and foremost it is most important to know that sexual assault is never the fault of the victim or perpetrated because of any acts the victim may have taken.
The most important thing to do after a sexual assault is to make sure that you are in a safe location. If you are sure that you are safe, then the next most important thing to do is to seek medical attention as soon as you are able to do after your assault or suspected assault.
If you go to receive care at a medical facility, healthcare professionals with conduct a forensic exam which is comprised of something called a “rape kit”, checking for the presence of any sexually transmitted infections and, checking for any pregnancies which may have arose as a result of the sexual assault. If, in any case that you are mistreated by the medical staff, whether that is victim shaming, failing to inform you as a patient of your responsibilities in taking your medication following your assault or, fully informing you of your benefits which can arise from any procedure, then you also could have a claim of medical malpractice against this healthcare center.
A rape kit is a special assessment tool used by healthcare professionals to collect evidence related to your sexual assault. This evidence includes DNA swabs from the genital areas, an interview with the victim, and an examination for the presence of sexually transmitted infections and pregnancy.
What if there are videos circulating online of the assault?
Even worse than suspecting being the victim of assault is seeing videos of sexual assault being perpetrated on yourself or a loved one circulating online. First, it is always important to report the video to law enforcement so that they are able to take over and go down the avenues that they need to in order to remove the video online, especially If the person in the video and assault was a minor.
Second, it is imperative that you have some sort of attorney to help you through this process. Not only can an attorney help you in removing the video from the internet, but they will also be knowledgeable about how to navigate the video so that they are able to preserve important evidence that they would need to build a case against the perpetrator of your sexual assault.
Consulting with an Attorney is the best option
Overall, being sexually assaulted while unconscious is a very complicated and stressful issue to navigate alone. In addition to criminal charges, victims of sexual assault are entitled to fair compensation for the emotional suffering and other personal injuries which can arise from your assault.
With offices in Fresno, California, Sacramento, California, Los Angeles, California, Irvine, California, and Las Vegas, Nevada, the Heidari Law Group has qualified attorneys who are experts in recovering damages for pain and suffering and personal injuries as a result of being sexually assaulted or raped while unconscious.
Regardless of whether you know with certainty or suspect that you’ve been sexually assaulted while you were unconscious, you have rights and a road to recovery ahead to ensure that you receive justice and fair compensation. The experienced sexual assault injury attorneys of Heidari Law Group is able to assist you at every single step of your case and will fight for your rights as a victim. Sexual assault cases are often times incredibly complex and emotionally charged and the compassionate attorneys at the Heidari Law Group have experience helping victims of sexual assault. If you suspect or know, or, you know someone that may have been a victim of being sexually assaulted or raped while unconscious, please reach out to the attorneys at the Heidari Law group for a free consultation today.
***Disclaimer: This blog is created by Heidari Law Group for educational purposes. This article provides a general understanding of the law. It does not provide specific advice. By using this site and reading through this blog, there is no attorney-client relationship created between you and any member of Heidari Law. Further, due the constant change of the law, some parts of the information above may no longer be good law.