Helping Victims of Sexual Abuse Achieve Personal Justice Nationwide
In the American justice system, there are two distinct ways that claims are brought before the courts: civil law and criminal law. Most people are aware that sexual assault perpetrators can be held accountable in criminal courts. However, abusers can also be made accountable for their actions in civil court. In this arena, HurtAtl can help victims pursue the justice they are owed, even when criminal courts fail them.
Our firm is set apart from others in that we require a sincere conviction in order to take on cases. If we take on a case, it is because we wholeheartedly believe in our client’s story, and we want to put our full resources behind their cause. Our sexual assault attorneys are passionate about fighting for our clients in court—it’s what we do best, and we have secured sizable verdicts and settlements because of it.
Why Pursue a Sexual Assault Claim in Civil Court?
You may have testified against your abuser in criminal court already. Or you’ve been told that there’s not enough evidence to charge your assailant with a sex crime. Either way, the criminal courts already have the situation in hand, so why pursue a civil claim? Because criminal law and civil law are very different from one another.
Criminal law is about representing the state and its interests. When a person commits a crime, it’s considered a crime against the state’s laws, not you personally. Your testimony is instrumental in the case against your assaulter, but you are not in control of the case. You may receive personal closure from your assaulter facing criminal punishment, but in the end, you’ll still be left with the consequences of your assault.
Civil claims, however, are about your injuries. You are in control of whether to pursue a civil claim, seek a jury award, or settle with your assaulter. Most importantly, the results of a civil claim are about providing for your needs.
Criminal trials do not address the many needs of sexual assault victims, such as:
- Medical costs
- Pain and suffering
- Psychological treatment
- Emotional rehabilitation
- Damage to relationships
You can hold your assaulter directly responsible for the pain that they have caused you, and you can receive compensation for your harm. You can also hold other negligent parties accountable, such as schools or employers who should have kept you safe. You can make an impact for future cases like yours.
My Assailant Was Found Not Guilty—What Can I Do?
If a criminal court found your attacker not guilty, here’s the good news—that does not mean a civil claim would not end in your favor. Criminal courts have a different standard of proof than civil claims: the accused must be proven guilty “beyond a reasonable doubt.” For civil claims, the defendant must be found “reasonably likely to have caused damages.” In other words, it is far easier to prove that your assaulter caused you harm in a civil claims court.
If your attacker was found not guilty, you can still hold them accountable in a civil trial. Here, the evidence in your favor will have far more power and may result in a positive outcome. Civil trials can bring personal closure that a criminal trial failed to offer, while directly providing for your needs legally and financially.
The Sexual Assault Occurred Years Ago. Is It Too Late to Take Action?
It is not uncommon for victims of sexual assault to stay silent for years after the abuse occurred. Sexual abuse is psychologically and emotionally damaging and it can take years for victims to feel empowered enough to stand up and name their abuser, especially if they were assaulted by a family member, teacher, pastor, or had their case dismissed by law enforcement.
However, even if the abuse occurred years ago, there is still hope that you may be able to hold your assaulter accountable.
While there are no federal laws that regulate the statute of limitations for sexual assault lawsuits, most states allow a few years for the victim to file a lawsuit. For example, in Georgia, the statute of limitations for a sexual assault lawsuit is generally 2 years if the assault happened against an adult or if against a child, until their 53rd birthday. However, some states have no time limit for cases of this nature.
Our team at HurtAtl is well-versed in the many state laws governing sexual abuse lawsuits and can fully explain your legal rights in a free, confidential consultation. We understand the sensitive nature of your experience and will do everything in our power to protect your privacy.