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Can Survivors of Sexual Assault File a Lawsuit for Damages?

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According to Rape, Abuse & Incest National Network (RAINN), hundreds of Americans are affected by sexual violence every day. Survivors of sexual abuse or sexual assault may have legal options to bring their perpetrator and other responsible parties to justice. Sexual assault is a crime across the United States, which generally means that both a criminal and civil sexual assault case can be pursued. Civil cases, however, are completely separate from criminal cases. This means you can choose to file a civil lawsuit even if the state did not bring criminal charges against the perpetrator.

If you or a loved one are a sexual assault survivor, you may wonder what legal options are available for your unique situation. Can you sue for sexual assault?

The attorneys at Grant & Eisenhofer P.A. are committed to representing special needs individuals who are survivors of sexual abuse. Below we provide information about filing a sexual assault lawsuit. Our compassionate and experienced attorneys can help you understand your rights.

Can You Sue for Sexual Assault?

Sexual assault is classified as an “intentional tort” in the civil justice system. This means that a victim who suffered an act of sexual assault can sue for damages. A family member or legal guardian may also have the ability to file a lawsuit if:

  • The victim is a minor or otherwise unable to file on his or her own behalf
  • The individual witnessed the assault
  • The sexual assault or abuse resulted in the victim’s death
  • The assault resulted in a loss of a spouse or registered domestic partner

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Statute of Limitations

If you are considering filing a sexual assault lawsuit, it is important to understand that there is a statute of limitations that dictates the deadline you have to file your case. If you miss the deadline, you will likely no longer be eligible to file. As the statute of limitations varies by state and type of case, it is critical that you speak to an experienced attorney immediately to understand your deadline.

Seeking to File a Sexual Assault Lawsuit? Request a Free Consultation

At Grant & Eisenhofer P.A., we understand how difficult it is for sexual assault victims to step forward. Our attorneys approach each sexual assault case with compassion and understanding. Give us a call for a free consultation. You can also use our contact form to send us a message. We accept cases nationwide and have offices in several locations across the country.

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