Sexual assault is a criminal offense, but survivors also have the right to pursue damages in civil court. These attacks cause physical harm and are highly traumatic, often leaving victims with lasting emotional and psychological injuries.
A compassionate Philadelphia sexual assault injury lawyer handles cases for clients with sensitivity and care to protect your rights and dignity. Our qualified personal injury attorneys can gather the crucial evidence, provide sound legal guidance, and minimize interactions or communication with the individual who caused you harm.
Various criminal actions fall under sexual assault, and victims may be children, women, and men. Sexual assault unlawful actions include:
Sexual assault happens under force or coercion and without consent. This definition includes unconscious people, such as from intoxication from drugs or alcohol, and sex with someone who has a mental impairment that makes them unable to give legal consent. During a free consultation, a Philadelphia sexual assault injury attorney could review the case and answer questions about the process to hold the person who harmed them financially responsible.
Survivors of sexual assault receive protection under civil laws, allowing them to seek compensation from the individual who caused them harm. While pressing charges or a guilty conviction would provide evidence of liability, pressing charges is not a legal requirement.
Further, survivors are still eligible to seek monetary damages when they did seek justice under criminal laws and the court did not convict the defendant. Those who are present and willing to testify about the assault under oath may file a civil lawsuit.
Reporting the assault helps preserve essential evidence, such as DNA, but reporting is not a requirement for civil action. When the injured person reports their assault to the authorities, they can investigate and collect evidence at the scene.
Evidence without a conviction may include witness statements, expert testimony, DNA evidence, and medical records. Lawsuits are a matter of public record. However, civil laws also allow people to file lawsuits as Jane Doe or under their initials only should they wish to remain confidential.
The civil court statute of limitations is legislation setting a time limit for seeking monetary damages against the party who caused harm. Under 42 Pennsylvania Rule of Civil Procedure § 5524, the person who was sexually assaulted has two years from the date of the attack to file the lawsuit. However, a recent amendment expands protection to young victims of sex crimes, and only those seeking legal action for cases occurring before January 1, 2019, must file within that time frame.
The amendment provides additional protection to children and young adults who are victims of sexual abuse, battery, or assault by extending their time to seek damages. The expiration date varies depending on the age when the act occurred. Per the guidance of 2019 Act 87, children under 18 have until their 55th birthday to file civil lawsuits, while young adults from 18 to 24 have until their 30th birthday to commence legal action. A sexual assault injury lawyer in Philadelphia could handle the legal work and ensure compliance as the laws require.
Sexual assault or abuse can leave you feeling powerless, causing physical, emotional, and psychological harm. You have the right to seek justice and hold your abuser accountable for the suffering their criminal actions caused.
During your free and confidential consultation, an experienced Philadelphia sexual assault injury lawyer can review your case and advocate for you throughout each step of the process. Call today to schedule an appointment.
We are highly selective in the cases we undertake to ensure that can give each client his full attention. You can schedule an appointment for a personal injury consultation at our Philadelphia office by calling us, or by filling out our online intake form.
