Research indicates that post-assault survivors often interact with multiple personnel from both criminal and civil legal systems post-assault. Their experiences may retraumatize them, thus more needs to be done regarding how each agency treats survivors (Campbell 2005).
Engaging in civil claims enables survivors of sexual violence to take legal action against those responsible, sending a strong message that this type of misconduct will no longer be accepted. Furthermore, civil claims provide financial compensation that can cover medical bills, therapy expenses, lost wages, and pain and suffering costs associated with your case.
Seek Medical Attention
Many survivors fail to seek medical assistance immediately following an assault because they feel responsible. Yet immediate care can help regain a sense of control after trauma while also helping avoid long-term problems like posttraumatic stress disorder (PTSD), depression, substance abuse, or suicidal thoughts.
Unfortunately, not many can be bothered to keep a tally of all their purchases and receipts of payments from this source. So, for now, a list is sufficient until the necessary action is taken by individual institutions or government departments to satisfy demand from buyers or to fulfill an order from sellers.
Sexual assault victims may benefit from having a comprehensive medical exam for a number of reasons, including identifying physical harm that may not be obvious, such as internal injuries or cuts; assuring themselves they do not carry sexually transmitted diseases like herpes, chlamydia, and gonorrhea; and potentially avoiding pregnancy.
At any forensic exam, there will always be someone available to provide support and care. Pennsylvania hospital patients can request that a Sexual Assault Nurse Examiner, or SANE, conduct their exam alongside an advocate from Helpline’s Sexual Assault Response Network. If privacy is of utmost concern to you, bring along an extra change of clothes to the emergency room and request to be examined privately without anyone watching over your shoulder.
Victim advocacy organizations can also provide survivors with emotional and legal assistance. This may involve helping them file civil claims against their abusers to recover losses such as medical expenses, therapy costs and lost wages. Civil claims also serve as deterrence mechanisms by showing perpetrators will be held accountable for their misconduct.
1. Report the Incident
Sexual assault victims frequently struggle with various emotions after an assault occurs, from shame or embarrassment over what transpired to feeling overwhelmed or exhausted from its many physical and emotional repercussions.
Due to these reasons, some survivors choose not to report an assault to the police, believing it may worsen the trauma and relive it all over again. They also may fear how reporting could negatively impact their employment or other aspects of life and fear the police won’t take the allegations seriously or won’t prosecute their attacker.
Victims who want to file criminal complaints against an assault should go directly to the precinct in which it took place and inform those at reception of their intent to file criminal complaints. Once there, a detective will meet them and conduct further inquiries on their case.
In some instances, investigators may suggest filing charges against those responsible. Victims may request a protection order against perpetrators as an extra safeguard to keep themselves safe. Furthermore, it’s essential that any instances of assault by licensed professionals such as doctors, nurses, teachers, lawyers or any other professionals be reported directly to their governing body.
2. Consult with a Lawyer
An attorney will assist in your pursuit of civil liability against those responsible, including any third parties that could potentially be held accountable. A civil action may include seeking compensation for economic losses (medical expenses, therapy costs, and lost income), as well as non-economic ones like pain and suffering damages.
Jeff Mass and Robbie Tsang, sexual assault lawyers, understand how tо assess evidence and calculate equitable damages for victims оf assault. They will also communicate directly with insurance providers, property owners, and police authorities оn behalf оf their clients tо safeguard their legal rights and ensure justice іs served.
Sexual assault victims may have grounds to file a civil suit against their attacker or any party who contributed to their assault through negligence. For example, if an assault took place at a hotel without security in place, lawyers will work hard to establish that the property owner owed visitors an obligation of care that they breached by failing to secure visitors adequately.
If the attack involved a licensed professional (such as a doctor, teacher, or lawyer), their clients can file a formal complaint with the relevant regulatory body to have their license removed from practice. Furthermore, sexual assault victims can seek injunctive relief to address ongoing harassment or avoid future harm.
3. Gather Evidence
Forensic evidence is essential in sexual assault cases, providing proof that an assault occurred and can include DNA samples, hair, clothing fibers, or other physical materials that can identify perpetrators. Digital evidence, such as social media posts or text messages, may also prove valuable; surveillance footage may even come into play in certain instances.
Evidence can be collected in several ways; victims should prioritize providing themselves with their own documentation, including medical or police reports and any records that corroborate their experience or timeline. Witness testimony can also provide additional support, while expert testimony can offer insight into the effects of assault or abuse and how survivors often react in response.
Third parties can also be held responsible for sexual assault and abuse cases, such as institutions or property owners that allow or encourage abusive behavior. Evidence plays an essential role here to show the defendant was aware of misconduct but failed to take reasonable preventive measures against it. A strong case not only provides justice for past victims but can serve as a deterrent against future attackers, thus helping protect future victims.
