OKC Injury Lawyer works with individuals injured in a wide range of accidents across Oklahoma. You need experienced and effective legal representation to Fight for Your Rights, if you have been injured in Oklahoma. Contact OKC Injury Lawyer to protect your rights and fight for compensation in your car accident case in Oklahoma. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at (405) 906-4051 for a free confidential case evaluation.
Sexual assaults are traumatic and heartbreaking, and can leave the victim feeling as though they are alone after their abuse. The lawyers at OKC Injury Lawyer want you to know that you are not alone. A sexual assault can impact a victim’s self-esteem, confidence, emotional health, and sexual development for years, but our law firm of FIERCE ADVOCATES can help you seek justice and compensation for the emotional, mental, and physical tole of being the victim of sexual assault. We can help you get closure and compensation.
Can I seek compensation for being Sexually Assaulted?
You can seek compensation, if you are a victim of sexual assault or sexual battery in a few ways. First, you may file a personal injury lawsuit against the perpetrator, which is a type of civil lawsuit. Second, you may present a demand to the perpetrator and/or other parties’ that played a role in allowing your sexual assault to take place or retaliated against you for bringing your assault to light.
Criminal Justice in Sexual Assaults
Many sexual assaults result in criminal prosecution, which may result in the perpetrator serving prison or jail time, paying fines, serving probation, and being required to abide by numerous conditions to avoid additional prison or jail time. Victims of sexual assault are often at peace as a result of their assailant being held criminally liable, registering as a sex offender, and/or going to prison based on hurting them; however, no financial compensation will come as a result of a criminal prosecution for sexual assault in most cases.
Civil Damages and Claims based on Sexual Assault
A civil lawsuit or demand letter prior to filing a civil lawsuit are the only ways to obtain monetary compensation, damages, for being the victim of sexual assault. The amount and type of damages available to a victim depend on a number of factors. The basis of your personal injury lawsuit or cause of action, will dictate the damages available to you. Personal injury is the area of civil law that can address your injury or harm caused by being the victim of sexual assault; however, “sexual assault” is not a cause of action / legal basis for a lawsuit.
Typically, personal injury lawsuits based on sexual assault claims are filed under the following causes of action: Assault & Battery (civil, not criminal) or Intentional Inflict of Emotional Distress.
The amount of damages or monetary compensation for a sexual assault or sexual abuse case are governed by the physical and emotional harm suffered by the victim in the past, present, or future. Compensation for pain and suffering is intended to address the indeterminate amount of harm caused by sexual abuse or sexual assault in a personal injury lawsuit.
Who pays damages in a Sexual Assault Lawsuit?
In a successful personal injury lawsuit for sexual abuse, the perpetrator / civil defendant is held liable and ordered to pay you monetary compensation.
Due to the substantial damages that result from these personal injury cases, liability insurance policies often cover the damages, similar to car accidents or slip and fall cases. However, insurance typically will not cover intentional acts. Meaning, the perpetrator and their assets will be required to compensation you for the harm caused.
In Oklahoma, sex crimes are treated seriously, and there are many types of sex crimes: The most common are rape, sexual battery, forcible oral sodomy, and lewd acts and proposals to a child under 16 years old.
Liability against Additional Parties for Sexual Assault
A company or supervisors that condoned or retaliated against you for bringing a sexual abuse, sexual assault, or sexual harassment incident to their attention can be held liable along with the aggressor. The theory or negligent supervision or retaliation can form the basis for such a claim.
Proof of Sexual Assault in Civil Lawsuit
The burden in a civil lawsuit for sexual assault is much lower than the proof required in a criminal prosecution. In a criminal prosecution for sexual assault or sexual battery, proof beyond a reasonable doubt and a unanimous jury in required to find a defendant guilty of sexual assault; hold the person criminally liable.
In order to be found to be civilly liable for sexual assault, the plaintiff must prove it is “more likely than not” the perpetrator/defendant committed the alleged wrongful act. The legal term for this level of proof is “by a preponderance of the evidence”, which is akin to 51% the sexual assault happened, even with 49% proof it did not.
Is there a time limit to file a Sexual Assault Lawsuit?
Yes, there is a statute of limitations for all civil lawsuits. Oklahoma state law puts a limit on the length of time after an assault that a victim has a right to file a lawsuit to seek damages against the defendant. In Oklahoma, there is a two year statute of limitations for all personal injury lawsuits.
Contact – OKC Injury Lawyer: Oklahoma Sexual Assault Plaintiff Advocates
Experience matters when you or a loved one has been injured or sexually assaulted by another person. It is important to know the Oklahoma sexual assault personal injury lawyer you hire is dedicated to your cause and versed in all aspects of sexual assault and sexual harassment personal injury law in Oklahoma. OKC Injury Lawyer is dedicated to Fierce Advocacy for victims and will fight for you. Founder John Cannon has been recognized as a Super Lawyer and Top 40 under 40. ContactOKC Injury Lawyer to protect your rights and fight for compensation in your sexual assault or sexual harassment personal injury case in Oklahoma. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at (405) 906-4051 for a free confidential case evaluation.