Sexual Assault Injury Attorneys

Sexual Injury Attorney

Sexual assault, sexual abuse, harassment, domestic abuse, and child abuse should be taken very seriously.

We know how difficult it is to come forward and report instances of sexual assault or abuse. But, our attorneys will assist you when you are comfortable in coming forward and reporting the incident. Our experienced assault injury attorneys offer one-on-one, confidential consultations to give you a safe space to talk about your experiences and get compassionate help to tell your story and get the support and help you need. We always work to make sure that our clients are comfortable throughout the process.

California and Nevada have statutes in place that prohibit sexual assault and levy serious penalties for convicted abusers and harassers. Not only can criminal charges help to prevent the attacker from victimizing more people, but you may also be owed compensation from the offender through a civil case.

Our experienced sexual assault attorneys aggressively fight for our clients’ rights, and make sure that you are well-represented and their claims are litigated against the at-fault party. 

We understand that compensation won’t be able to completely undo the traumatic sexual assault that victims have gone through, but getting compensation may at least assist victims in getting the closure they need.

What Constitutes Sexual Abuse?

Sexual abuse refers to non-consensual sexual activity involving coercion or force exerted by a perpetrator. This often occurs when the victim does not provide consent or is deceived into giving consent. Initially, there was a lack of legislative measures addressing sexual abuse and enabling victims to pursue legal action. However, there has been an increase in the enactment of federal and state laws aimed at providing victims with avenues to file lawsuits and report such incidents.

Who is Liable for Injuries Resulting from Sexual?

The responsibility for sexual assault injuries lies solely with the perpetrator, who is deemed a sex offender. Survivors should never be held accountable for any injuries sustained during sexual assault. California adheres to a strict liability statute concerning sexual assault and harassment cases. Strict liability implies that regardless of the perpetrator’s intentions at the time of the assault, they will be held accountable.

What Types of Injuries Can Result from Sexual Assault?

Sexual assault encompasses various forms, including but not limited to:

• Rape
• Molestation
• Oral sex
• Penetration
• Physical assaults such as kicking, punching, and biting

Lawsuits for Sexual Assault Injuries

When initiating a lawsuit for sexual assault injuries, specific criteria must be met and established by a proficient sexual assault attorney. It’s crucial to engage a lawyer well-versed in the sexual assault statutes of your residing state. Here are the primary elements that a sexual assault attorney must demonstrate:

1. The victim experienced sexual assault perpetrated by the assailant.
2. The victim sustained injuries or damages due to the sexual assault.
3. The defendant directly caused the victim’s injuries, and this harm resulted from the defendant’s intent or negligence.

At times, other third parties may bear responsibility for the sexual assault lawsuit. For instance, if a separate third party contributed to the occurrence of the assault through their actions, they could be held accountable. Here are the steps your attorney must prove when filing a sexual assault lawsuit against a separate third party:

1. The defendant owed a duty of care to ensure the victim’s safety.
2. This duty of care was breached by the defendant.
3. Consequently, this breach of duty directly caused the victim’s injury.
4. The victim endured actual emotional or physical damages as a result of the defendant’s breach of duty.

What Types of Compensation Can I Pursue in a Sexual Assault Lawsuit?

Various forms of compensation are available for sexual assault injury damages. Here are examples of compensation you may seek for your injuries:

• Physical and emotional suffering: Recognized as a traumatic event, sexual assault often inflicts lasting psychological harm on victims. Courts may award victims financial compensation to cover therapy or medical treatment costs.
• Property damage: If the victim’s property suffered damage during the assault, such as household items or their vehicle, they may seek compensation to repair or replace the damaged property.
• Medical bills and healthcare costs: Victims may receive compensation for medical expenses, including surgery, rehabilitation, prescription medication, hospitalization, etc.
• Lost wages and future earning capacity: If the assault prevents the victim from returning to work or earning income, they can pursue damages for lost wages and employment opportunities, including future earnings.
• Punitive damages: Although infrequent in California and Nevada, punitive damages may be awarded in sexual assault cases if the plaintiff can demonstrate that the offender acted maliciously.

When Should I Initiate My Sexual Assault Lawsuit?

Each state has its own statute of limitations dictating when to file a sexual assault lawsuit. Courts adhere strictly to these limitations, but exceptions may apply, potentially extending the statute of limitations in certain circumstances. To determine if you qualify for an extension, contact us today.

Here is an overview of the statute of limitations length by the state for civil cases of sexual assault:

State	Sexual Assault Statute of Limitations	Extension in Child Sex Abuse Claims
Alabama	2-years from the date of the alleged incident	No Extension
Alaska	3-years from the date of the alleged incident for misdemeanor sexual assault, incest, felony indecent exposure, and misdemeanor sexual abuse of a minor.	Action can be brought at any time for felony sex trafficking, unlawful exploitation of a minor, felony sexual assault, or felony sexual abuse of a minor.
Arizona	2-years from the alleged incident for most types of cases	Possible extension in statute for cases involving children
Arkansas	3-years from the alleged incident	3-year extension from the moment of discovery if the victim was under the age of 18 when the sexual abuse was alleged to have occurred.
California	2-years from the alleged incident	8-year extension from the date when the victim reaches the age of majority or a 3-year extension from the date in which the victim discovers the causal connection f the injury. Whichever date expires later is the limit.
Colorado	2-years from the alleged incident	6-year extension from the date of when the victim reaches the age of majority or 6 years after removing a disability.
Connecticut	No statute of limitations for Sexual Assault 1 or Aggravated Sexual Assault 1 cases	30-year extension from the date when the victim reaches the age of maturity in cases involving sexual assault, exploitation, or sexual abuse of a minor.
Delaware	2-years from the alleged incident	No time limit for cases involving claims of sexual abuse of a minor.
District of Columbia	3-years from the alleged incident	7-year extension from the date of the victim’s 18th birthday or a 3-year extension from the date which the victim knew or should have known.
Florida	7-years from when the victim turns the age of majority 4-years from when the victim is no longer a dependent of the abuser 4-years from the time of discovery Whichever expires later.	No time limit for cases involving a sexual battery offense on a victim under the age of 16.
Georgia	2-years from the alleged incident	5-year extension from the date when the victim reaches the age of majority. *For victims over the age of 65, the statute is tolled until the violation has been reported to or been discovered by a prosecuting attorney, government agency, or law enforcement.
Hawaii	2-years from the alleged incident	Statute is tolled if the victim was under the age of consent at the time of the alleged incident occurring.
Idaho	2-years from the alleged incident	5-year extension from the date when the victim reaches the age of majority.
Illinois	2-years from the alleged incident in most cases or no statute of limitations if the case involved a Class X or Class 1 felony.	Action can be brought at any time for cases involving childhood sexual abuse claims.
Indiana	2-years from the alleged incident	For child sexual abuse cases, 7-year extension from the date which the alleged incident occurred or 4-year extension from when the victim is no longer a dependent of the alleged abuser.
Iowa	2-years from the alleged incident	4-year extension from the date of discovery. 5-year extension from the victim’s last therapy session or school enrollment if the abuser was a counselor or therapist.
Kansas	2-years from the alleged incident in most cases	3-year extension from the date when the victim reaches the age of 18 or a 3-year extension from the date when the victim realizes they have suffered an illness or injury from sexual abuse.
Kentucky	1-year from the alleged incident	5-year extension from the date of the alleged perpetrator’s last act, 5-year extension from the date of discovery, or 5-year extension from when the victim reaches the age of 18.
Louisiana	1-year from the alleged incident	10-year extension from the date when the victim reaches the age of 18 which does not start counting until the victim reaches the age of majority.
Maine	2-years from the alleged incident in most cases	No time limit for cases involving claims of sexual abuse of a minor.
Maryland	3-years from the alleged incident	7-year extension from the date when the victim reaches the age of majority.
Massachusetts	3-years from the alleged incident	35-year extension from the date at which the alleged incident occurred or 7-year extension from the time of discovery. *Statute is tolled until the victim reaches the age of majority.
Michigan	2-years from the alleged incident	No Extension
Minnesota	6-years from the alleged incident if the victim knew or had to reason to believe that their injury was caused by sexual abuse	Statute is tolled until one year after the victim reaches the age of majority. This extends the statute to when the victim reaches the age of 25.
Mississippi	3-years from the alleged incident	3-year extension from the date when the victim reaches the age of majority.
Missouri	5-years from the alleged incident	10-year extension from the date when the victim reaches the age of 21 or 3-year extension from the date of discovery. Whichever occurs later.
Montana	3-years from the alleged incident	3-year extension from the date of the alleged incident or 3-year extension from the date of discovery of the causal connection of the injury.
Nebraska	4-years from the alleged incident	4-year extension from when the victim reaches the age of 21.
Nevada	2-years from the alleged incident	10-year extension from the date when the victim reaches the age of 18 or from the date of discovery of the causal connection of the injury.
New Hampshire	3-years from the alleged incident	12-year extension from the date when the victim reaches the age of 18 or 3-year extension from the time of discovery.
New Jersey	2-years from the alleged incident	2-year extension from the date of “reasonable discovery.”
New Mexico	3-years from the alleged incident	3-year extension from the date of discovery or by the victim’s 24th birthday. Whichever date occurs first.
New York	5-years from the alleged incident in most cases	5-year extension from when the alleged incident occurred for sexual crimes involving a minor.
North Carolina	3-years from the alleged incident	Statute can be extended depending on the minor’s “incapacity” status.
North Dakota	2-years from the alleged incident	10-year extension from the date at which the victim knew or reasonably should have known that the alleged incident was child sex abuse.
Ohio	2-years from the alleged incident	12-year extension from the date when the victim reaches the age of 18.
Oklahoma	2-years from the alleged incident	5-year extension from the date when the abuser is released from a correctional facility or jail. *Statute is tolled until the victim reaches the age of 18.
Oregon	2-years from the alleged incident	5-year extension from the date which the victim discovers the causal connection of their injury or when the victim reaches the age of 40. Whichever comes later.
Pennsylvania	2-years from the alleged incident	12-year extension from the date which the victim reaches the age of maturity.
Rhode Island	3-years from the alleged incident	7-year extension from the date which the alleged incident occurred or 7-year extension from the date of discovery.
South Carolina	3-years from the alleged incident	6-year extension from the date of when the victim reaches the age of 21 or 6 years after the date of discovery.
South Dakota	3-years from the alleged incident	3-year extension from the date of the alleged act or 3 years from the date of discovery.
Tennessee	1-year from the alleged incident	*Statute is tolled until the victim reaches the age of 18.
Texas	2-5 years from the alleged incident	*Statute is tolled until the victim reaches the age of 18.
Utah	4-years from the alleged incident	Action can be brought at any time for cases involving claims of child sex abuse.
Vermont	3-years from the alleged incident	6-year extension from the date of the alleged incident or 6 years from the date of discovery.
Virginia	2-years from the alleged incident	2-year extension from the date of the alleged incident. *Statute is tolled until the victim reaches the age of 18.
Washington	3-years from the alleged incident	Within 3 years of alleged incident or time of discovery. *Statute is tolled until the victim reaches the age of 18.
West Virginia	2-years from the alleged incident	2-year extension from the date when the victim turns the age of 18.
Wisconsin	2-years from the alleged incident	Statute is extended until the victim’s 35th birthday.
Wyoming	4-years from the alleged incident	8-year extension from the date when the victim reaches the age of 18 or a 3-year extension from the date of discovery.

What Do Our Sexual Assault Injury Attorneys Do?

During your free, no-risk consultation, our attorneys will go through all the evidence that could be potentially relevant to your case. In addition we:

• Offer one-on-one confidential case evaluations where you have the opportunity to speak to our experienced attorneys and ask any questions you may have;
• Review police reports, photos, statements from witnesses;
• Interview witnesses, medical experts, and police officers who may have seen the accident and could testify as to the damages suffered;
• Consult with witnesses to determine the severity of the injuries and medical attention needed;
• Develop a legal strategy to ensure you receive maximum compensation for your injuries against the attacker;
• Negotiate with other third parties to make sure that all of your damages are well represented;
• Provide emotional support and guidance throughout the entire legal process.