Sexual Assault Injury Attorneys
Are you the victim of sexual abuse? You may be able to sue the abuser for monetary damages. Contact our sexual assault attorneys today for more information.
Sexual assault, sexual abuse, harassment, domestic abuse, and child abuse should be taken very seriously. Several states, such as California and Nevada have statutes in place that prohibit sexual assault and have very strict punishments for sexual offenders. Other than having criminal charges filed against the sexual offender, you may also be able to recover compensation from the sex offender civilly. Our sexual assault injury attorneys will assist you in filing a lawsuit against your sex offender to recover monetary damages for your sexual assault injuries. We understand that with sexual assault comes physical and mental damage to the victims.
Our experienced sexual assault attorneys aggressively fight for our victims’ rights and make sure that they are well-represented and their claims are litigated against the at-fault party. We understand that compensation won’t be able to completely undo the traumatic sexual assault that victims have gone through, but getting compensation could at least assist victims in getting the closure they need against their sex offenders. Contact our sexual assault attorneys for a free case consultation.
What is Sexual Abuse?
Sexual abuse is unwanted sexual activity involving the use of force by a perpetrator. This usually occurs when the victim is unable to give consent, or is tricked into giving consent.
Who is at Fault for Sexual Assault Injuries?
A sex offender is always at fault when they bring forth sexual assault injuries. The survivors should never have to assume any fault when they have sustained sexual assault injuries. California follows a strict liability statute for sexual assault and harassment cases. This means that the perpetrator is at fault for the sexual assault and harassment regardless of what the victim has done.
What Are Sexual Assault Injuries?
Sexual assault can take place in many forms. Examples include:
- Rape
- Molestation
- Oral sex
- Penetration
- Kicking
- Punching
- Biting
Sexual Assault Injury Lawsuits
When filing a sexual assault injury lawsuit, there are certain elements that must be met and proven by an experienced sexual assault attorney. That is why it is important to hire an attorney that is well-versed in the sexual assault statute of the state that you live in. Below are the main elements that a sexual assault attorney must have to prove.
- The victim was sexually assaulted by the assailant.
- The victim suffered injuries or damages as a result of the sexual assault.
- The defendant was the direct cause of the victim’s injuries and that damage was a result of intention or negligence on the part of the defendant.
Typically, the defendant is responsible for the victim’s damages in a sexual assault case because it was their intention to assault the victim. But, in cases where negligence was the cause, further elements must be proven to the court to show that someone was responsible for the damages that the victim suffered. These elements must be proven to show negligence:
- The defendant owed a duty of care to keep the victim safe from harm.
- This duty of care was breached by the defendant.
- As a result, this breach of duty directly led to the victim being injured
- The victim suffered from actual emotional or physical damages as a result of the breach of the defendant’s duty.
Compensation Awarded to Victims of Sexual Assault Injuries
There are many different forms of sexual assault injury damages. Below are some examples of compensation you could receive for your injuries:
- Physical and emotional suffering – Sexual assault is understood to be a traumatic event that often leads to long-term psychological damage for victims. To compensate for these damages, the court may award a sexual assault victim with a financial sum to cover costs for therapy or medical treatment.
- Property damage – If the victim’s property was damaged during the assault, such as household belongings or their car, a victim may be able to recover compensation to cover the costs of replacing or fixing that property.
- Medical bills and healthcare costs – The victim could receive compensation for their medical bills. Examples of medical expenses include surgery, Rehabilitation, reconstructive surgery, prescription medication, hospitalization, Etc.
- Lost wages and future earning capacity – If a sexual assault prevents a victim from going back to work or making income, then the victim can sue the defendant to recover damages for their lost wages and employment opportunities. This also includes lost future wages.
- Punitive damages – Although rarely granted in California and Nevada, punitive damages are sometimes awarded in sexual assault cases where the plaintiff is able to show that the sex offender engaged in malicious behavior.
Statute of Limitations in Civil Sexual Assault Cases
While criminal cases involving sexual assault or violence have no statute of limitations in a number of states, there is often a limit on how long a victim has to file a civil case after the alleged incident occurred. However, the statute can also be extended or may even have no limit in some states for cases that involve child sex abuse claims. Here is an overview of the statute of limitations length by the state for civil cases of sexual assault:
State |
Sexual Assault Statute of Limitations |
Extension in Child Sex Abuse Claims |
| Alabama | 2-years from the date of the alleged incident | No Extension |
| Alaska | 3-years from the date of the alleged incident for misdemeanor sexual assault, incest, felony indecent exposure, and misdemeanor sexual abuse of a minor. | Action can be brought at any time for felony sex trafficking, unlawful exploitation of a minor, felony sexual assault, or felony sexual abuse of a minor. |
| Arizona | 2-years from the alleged incident for most types of cases | Possible extension in statute for cases involving children |
| Arkansas | 3-years from the alleged incident | 3-year extension from the moment of discovery if the victim was under the age of 18 when the sexual abuse was alleged to have occurred. |
| California | 2-years from the alleged incident | 8-year extension from the date when the victim reaches the age of majority or a 3-year extension from the date in which the victim discovers the causal connection f the injury. Whichever date expires later is the limit. |
| Colorado | 2-years from the alleged incident | 6-year extension from the date of when the victim reaches the age of majority or 6 years after removing a disability. |
| Connecticut | No statute of limitations for Sexual Assault 1 or Aggravated Sexual Assault 1 cases | 30-year extension from the date when the victim reaches the age of maturity in cases involving sexual assault, exploitation, or sexual abuse of a minor. |
| Delaware | 2-years from the alleged incident | No time limit for cases involving claims of sexual abuse of a minor. |
| District of Columbia | 3-years from the alleged incident | 7-year extension from the date of the victim’s 18th birthday or a 3-year extension from the date which the victim knew or should have known. |
| Florida | 7-years from when the victim turns the age of majority 4-years from when the victim is no longer a dependent of the abuser 4-years from the time of discovery Whichever expires later. |
No time limit for cases involving a sexual battery offense on a victim under the age of 16. |
| Georgia | 2-years from the alleged incident | 5-year extension from the date when the victim reaches the age of majority. *For victims over the age of 65, the statute is tolled until the violation has been reported to or been discovered by a prosecuting attorney, government agency, or law enforcement. |
| Hawaii | 2-years from the alleged incident | Statute is tolled if the victim was under the age of consent at the time of the alleged incident occurring. |
| Idaho | 2-years from the alleged incident | 5-year extension from the date when the victim reaches the age of majority. |
| Illinois | 2-years from the alleged incident in most cases or no statute of limitations if the case involved a Class X or Class 1 felony. | Action can be brought at any time for cases involving childhood sexual abuse claims. |
| Indiana | 2-years from the alleged incident | For child sexual abuse cases, 7-year extension from the date which the alleged incident occurred or 4-year extension from when the victim is no longer a dependent of the alleged abuser. |
| Iowa | 2-years from the alleged incident | 4-year extension from the date of discovery. 5-year extension from the victim’s last therapy session or school enrollment if the abuser was a counselor or therapist. |
| Kansas | 2-years from the alleged incident in most cases | 3-year extension from the date when the victim reaches the age of 18 or a 3-year extension from the date when the victim realizes they have suffered an illness or injury from sexual abuse. |
| Kentucky | 1-year from the alleged incident | 5-year extension from the date of the alleged perpetrator’s last act, 5-year extension from the date of discovery, or 5-year extension from when the victim reaches the age of 18. |
| Louisiana | 1-year from the alleged incident | 10-year extension from the date when the victim reaches the age of 18 which does not start counting until the victim reaches the age of majority. |
| Maine | 2-years from the alleged incident in most cases | No time limit for cases involving claims of sexual abuse of a minor. |
| Maryland | 3-years from the alleged incident | 7-year extension from the date when the victim reaches the age of majority. |
| Massachusetts | 3-years from the alleged incident | 35-year extension from the date at which the alleged incident occurred or 7-year extension from the time of discovery. *Statute is tolled until the victim reaches the age of majority. |
| Michigan | 2-years from the alleged incident | No Extension |
| Minnesota | 6-years from the alleged incident if the victim knew or had to reason to believe that their injury was caused by sexual abuse | Statute is tolled until one year after the victim reaches the age of majority. This extends the statute to when the victim reaches the age of 25. |
| Mississippi | 3-years from the alleged incident | 3-year extension from the date when the victim reaches the age of majority. |
| Missouri | 5-years from the alleged incident | 10-year extension from the date when the victim reaches the age of 21 or 3-year extension from the date of discovery. Whichever occurs later. |
| Montana | 3-years from the alleged incident | 3-year extension from the date of the alleged incident or 3-year extension from the date of discovery of the causal connection of the injury. |
| Nebraska | 4-years from the alleged incident | 4-year extension from when the victim reaches the age of 21. |
| Nevada | 2-years from the alleged incident | 10-year extension from the date when the victim reaches the age of 18 or from the date of discovery of the causal connection of the injury. |
| New Hampshire | 3-years from the alleged incident | 12-year extension from the date when the victim reaches the age of 18 or 3-year extension from the time of discovery. |
| New Jersey | 2-years from the alleged incident | 2-year extension from the date of “reasonable discovery.” |
| New Mexico | 3-years from the alleged incident | 3-year extension from the date of discovery or by the victim’s 24th birthday. Whichever date occurs first. |
| New York | 5-years from the alleged incident in most cases | 5-year extension from when the alleged incident occurred for sexual crimes involving a minor. |
| North Carolina | 3-years from the alleged incident | Statute can be extended depending on the minor’s “incapacity” status. |
| North Dakota | 2-years from the alleged incident | 10-year extension from the date at which the victim knew or reasonably should have known that the alleged incident was child sex abuse. |
| Ohio | 2-years from the alleged incident | 12-year extension from the date when the victim reaches the age of 18. |
| Oklahoma | 2-years from the alleged incident | 5-year extension from the date when the abuser is released from a correctional facility or jail. *Statute is tolled until the victim reaches the age of 18. |
| Oregon | 2-years from the alleged incident | 5-year extension from the date which the victim discovers the causal connection of their injury or when the victim reaches the age of 40. Whichever comes later. |
| Pennsylvania | 2-years from the alleged incident | 12-year extension from the date which the victim reaches the age of maturity. |
| Rhode Island | 3-years from the alleged incident | 7-year extension from the date which the alleged incident occurred or 7-year extension from the date of discovery. |
| South Carolina | 3-years from the alleged incident | 6-year extension from the date of when the victim reaches the age of 21 or 6 years after the date of discovery. |
| South Dakota | 3-years from the alleged incident | 3-year extension from the date of the alleged act or 3 years from the date of discovery. |
| Tennessee | 1-year from the alleged incident | *Statute is tolled until the victim reaches the age of 18. |
| Texas | 2-5 years from the alleged incident | *Statute is tolled until the victim reaches the age of 18. |
| Utah | 4-years from the alleged incident | Action can be brought at any time for cases involving claims of child sex abuse. |
| Vermont | 3-years from the alleged incident | 6-year extension from the date of the alleged incident or 6 years from the date of discovery. |
| Virginia | 2-years from the alleged incident | 2-year extension from the date of the alleged incident. *Statute is tolled until the victim reaches the age of 18. |
| Washington | 3-years from the alleged incident | Within 3 years of alleged incident or time of discovery. *Statute is tolled until the victim reaches the age of 18. |
| West Virginia | 2-years from the alleged incident | 2-year extension from the date when the victim turns the age of 18. |
| Wisconsin | 2-years from the alleged incident | Statute is extended until the victim’s 35th birthday. |
| Wyoming | 4-years from the alleged incident | 8-year extension from the date when the victim reaches the age of 18 or a 3-year extension from the date of discovery. |
It is important to note that after becoming the victim of sexual assault injuries, contact our sexual assault injury attorneys immediately to file a case against the at fault party. Criminal charges do not have a statute of limitations, and could be brought in anytime. However, civil charges for sexual assault injuries you have a statute of limitations time period. It is very important to hire an attorney that is well-versed with the statute of limitations laws in your state. California is currently passing several statutes that are lengthening the amount of time a victim has to bring a sexual assault injury claim.
What Do Our Sexual Assault Injury Attorneys Do?
During your free no risk consultation, our attorneys will go through all the evidence that could be potentially relevant to your case. Different steps we take to maximize the amount of damages you could receive for your injuries include:
- Reviewing police reports, photos, statements from witnesses;
- Interviewing witnesses, medical experts, and police officers who may have seen the accident and could testify as to the damages suffered;
- Consult with witnesses to determine the severity of the injuries and medical attention needed;
- Reviewing medical documents and reports;
- Developing a legal strategy to ensure you receive maximum compensation for your injuries against the attacker.
Why Should You Hire Our Sexual Assault Attorneys?
Sexual assault is very serious crime that should be represented by experienced and knowledgeable attorneys. Our sexual assault attorneys fight for your rights because we understand the victim may not be able to do it for themselves. We are here to help. We will work to get you the closure in compensation that you deserve. Contact our attorneys today for free no risk consultation.
Our attorneys will be able to coordinate medical services you may need on a confidential basis. We have the passion and commitment to make sure that you are well represented during sexual assault cases. We understand the sexual assault injuries may take a very heavy toll and cause emotional trauma. While you focus on healing and taking time for yourself, our attorneys will go through the legal hurdles and establish different strategies you can take to ensure compensation. You will help you get through this difficult time.
Our attorneys are available 24 hours a day, 7 days a week for a free confidential consultation. Contact us today.
