Sexual Assault

If you are a victim of sexual assault, depending on the circumstances, you could have a civil claim against your perpetrator and also against any related business or organization if they failed to take reasonable steps to prevent the assault or inadequately supervised their employees. You may be able to recover damages from:

• Bar
• Hotel
• Rideshare company
• Religious establishment
• School,
• Hospital,
• nursing home,
• or other institution.

Examples of sexual assault include:

• Touching someone’s private parts without their consent,
• Forcing someone to have sex or perform sexual favors, or
• Having sex with someone who is drunk, drugged, or unconscious.

Sexual assault in a civil case has a much lower burden of proof than in a criminal case.  The standard is “beyond a reasonable doubt”  in criminal cases, but in a civil case, an assault victim is only required to prove the defendant’s liability by a  “preponderance of the evidence” standard, meaning it’s more likely than not that the assault occurred. Moreover, victims can pursue civil claims even if criminal charges are not filed or result in an acquittal.

It takes courage to seek justice. Sadly, victims often struggle with intense feelings of shame, guilt, and self-blame, but the shame is not yours to carry; it belongs to the perpetrator and the institution that allowed it to happen.  Understandably, many victims fear coming forward because they don’t want to experience additional trauma, or they have safety concerns. This is compounded by societal attitudes, victim-blaming, or dismissive responses from law enforcement, related businesses, or organizations.  

Filing a civil lawsuit is a personal decision. There is no right or wrong answer; it’s solely about what’s right for you. For many people seeking justice and exposing misconduct helps them reclaim their power and regain control over their lives. Either way, it is essential to understand your rights and learn about the options available to you.