Getting out of a sexually abusive environment and taking legal action against the perpetrator requires immense courage. Sexual abuse is when an individual coerces someone into doing sexual acts. Sexual abuse victims are often vulnerable members of society who cannot fully understand or do anything about the acts of sexual violence done against them.
Victims can include minors, people with physical or mental impairments, or other vulnerable individuals. Victims are often abused for an extended period of time, causing several traumatic experiences that scar them for life. In such a situation, handling the aftermath of breaking out of the cycle and filing a lawsuit can be very challenging.
This is where a sexual abuse attorney comes in. Attorneys who specialize in sexual abuse cases are well-versed in the laws surrounding sexual abuse. This article lists what a survivor can expect when filing a sexual abuse lawsuit.
Deciding to File a Lawsuit
Sexual abuse cases, especially when they involve a child, can go to both civil and criminal cases. Let’s take a look at the distinction between civil and criminal cases:
- Civil Cases: It helps to determine the perpetrator’s liability regarding the case. The court calculates the damages the survivor has endured, such as the financial, physical, mental, and emotional damages, which the perpetrator must compensate for. Civil court helps victims get the compensation that they deserve to help them rebuild their lives.
- Criminal Cases: When sexual abuse is reported to the authorities, the case goes to the criminal justice system. The perpetrator is then arrested with charges against them, which can get them prosecuted. The court appoints a prosecutor to determine whether the accused is guilty.
It is necessary to hire a lawyer to help the survivor get through the legal intricacies of their case. They can also ensure that the case is aptly filed within the statute of limitations. By getting a lawyer to represent a survivor, they can rest assured that their lawyer will leave no stone unturned to ensure justice is served.
Case Evaluation and Legal Consultation
Lawyers often offer free initial consultation for all clients. During this meeting, ensure to carry all the evidence. Evidence can include police records, medical records, witness statements, etc. This evidence can help the lawyer assess your case, determine the possible outcomes of the case, and provide alternative paths to get justice.
Filing the Lawsuit and Legal Proceedings
The next step towards justice is filing a lawsuit against the perpetrator. Lawyers can help survivors prepare the necessary paperwork and legal documentation so they are not tangled in legal complexities. The perpetrator is notified about the case once the case is filed.
The accused might give their response to the lawsuit, one of which is offering to settle the matter out-of-court. If proceeding with the lawsuit, the parties can start the pre-trial processes.
Challenges and Emotional Considerations
Survivors must prepare for the emotional toll of going through a trial. Revisiting such traumatic incidents can bring up complicated mental and emotional issues. The defense might also try to delay or deny the accusations, which might make the survivor question their own statements.
Having a support system, such as trusted family, friends, therapists, and support groups, is crucial. They can act as the survivor’s safe space during the trial.
Possible Outcomes
After hearing both sides’ arguments, the court passes the verdict that concludes the court’s involvement in the case. While the civil court usually awards the survivor the compensation they deem fit, the criminal court can convict the accused or dismiss the case.
Conclusion
The justice system enables survivors to seek justice for the wrongdoings done to them. With the help of a sexual abuse lawyer, the victim can get compensation for their damages and get the accused appropriate punishments. These legal actions can help the survivor get a sense of satisfaction, but they must continue to seek care and support from their loved ones and work on rebuilding their life.
