Sexual Assault Lawyer | Guide to Sexual Assault Lawyer, U.S. 2024

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Sexual assault lawyer: If you need guidance on handling a sexual assault case, this step-by-step guide is here to help. It offers a detailed overview of your rights, immediate actions to take, subsequent steps, future considerations, your state’s sexual assault laws, and how to file a claim for sexual assault.

First Degree Sexual Assault

Section 948.02 regards the age of the victim. First, second, and third-degree sexual assaults are felonies, while fourth-degree sexual assault is a misdemeanor. First-degree sexual assault: A person can be imprisoned for up to 40 years for committing first-degree sexual assault.

What is Sexual Assault? A Guide on Sexual Assault

Warning: This guide is intended for individuals who have experienced sexual assault.

It can be difficult to know what to do if you have been sexually assaulted. You may experience a variety of emotions, including shame, anger, and guilt. You might need medical attention but feel too embarrassed or upset to seek it. You may also want legal assistance but are unsure where to go for support after such a traumatic experience.

Your safety should be your top priority immediately after a sexual assault. To seek immediate stability, you should also understand your legal rights in case you need to file a claim for sexual assault in the future.

The most important thing is to realize that while healing and recovery should be your primary goal after a sexual assault, legal recourse may also be available. A sexual assault claim can help you obtain damages for psychological, emotional, and physical harm.

What is Sexual Assault?

There is so much stigma around sexual assault that it’s important to understand what sexual assault means. Unfortunately, this type of assault can take many forms. It is crucial to remember that sexual assaults are never the victim’s fault. If force or coercion were used without the person’s consent, then an assault occurred.

Sexual assault can be any unwelcome sexual activity.

• Attempted rape
• Fondling
• Unwanted sexual contact or touching
• Forcing the victim to perform sexual acts (e.g., oral penetration or other forms of sex)
• Rape: Illegal sexual intercourse or penetration of the victim’s body by a body part or object

Other crimes of sexual nature include:

• Sexual harassment
• Solicitation of minors
• Possession of child pornography

Consideration Of Force In Sexual Assault

Force does not solely refer to physical force. For instance, a person may be held down and threatened with bodily harm. Coercion can also occur through psychological or emotional force, such as threats and verbal abuse. If the attacker threatened to harm you, your children, your family, or yourself, this is considered an act of force.

Consideration Of Consent In Sexual Assault

Consent is the cornerstone of every sexual encounter. All parties involved must freely and willingly consent to engage in any sexual act. If consent is not given, the act is considered assault.

Consent is something you need to be aware of.

A person has the right to withdraw consent to sexual acts at any moment.
Consenting to one sexual act does not imply consent to other acts.
Past or present consent to sexual acts does not ensure consent for future encounters.
Consent revolves around clear communication.
Minors are particularly vulnerable; in many states, the minimum age for consent is 16.
Individuals with intellectual or developmental disabilities may not have the capacity to engage in consensual sexual activity.

Sexual Assault is considered rape

Rape is a form of sexual assault, but it is distinct from other forms. Rape specifically entails the forced or unwanted penetration of the vagina or anus with any object.

Different states have varying laws defining rape. Your attorney can assist you in understanding these laws and the state-specific definitions of rape if you choose to pursue legal action.

While not all forms of sexual assault meet the legal definition of rape, every type of sexual assault can inflict trauma and harm. Regardless of the specific form of sexual assault, individuals still have rights.

What are my rights after a sexual assault incident?

You have the right to report any sexual assault to the police and to pursue legal action against the perpetrator. You can document the incident in writing and seek a medical evaluation to assess its impact on your body.

While it may seem daunting to seek justice after experiencing sexual assault, it can be a significant step in your recovery journey. Assault can evoke feelings of anger, frustration, and, in some cases, guilt. Though you may be reluctant to disclose the incident or make it tangible for others, keeping it inside could lead to reliving the event repeatedly.

However, pursuing legal repercussions against a perpetrator can be beneficial. It provides peace of mind knowing that the perpetrator will not evade accountability, potentially deterring future incidents.

Common Concerns when Filing a Sexual Assault Report

Many victims hesitate to report sexual assault due to the fear of others discovering the incident. They may worry about not being believed or fear the repercussions of disclosure. However, even if you choose not to pursue legal action against the perpetrator, reporting the assault is crucial.

Reporting is essential, even if you’re shaken and physically incapacitated from the attack. It aids in identifying the perpetrator, potentially preventing future assaults. Even if you cannot name your attacker but can provide a description to the authorities, it assists in identifying the offender.

Sexual assault, regardless of its form, can profoundly impact your self-esteem and confidence. While reporting the incident may be excruciating, it serves to protect others, initiate legal proceedings against the perpetrator, and expose their harmful behavior.

This is a list of common issues when filing a report on sexual assault and the reasons it might help to report it anyway:

Knowing the perpetrator is a common occurrence for many victims of sexual assault. Taking action against them can help protect future victims, especially if the perpetrator is a family member. Exposing the perpetrator ensures that no one else in your family falls victim to their harm.

Severity and type of assault: Victims may not have resisted their attackers, and some may have been informed by a third party. They may feel hesitant to report if there’s no evidence of penetration or physical harm. However, any form of sexual assault is illegal, and you have the right to report it.

Intimate relationship with the perpetrator: In some cases, individuals may experience violence or coercion from their partners during sexual encounters. Even within intimate relationships, sexual assault can occur if force is used.

Fear of disbelief: It’s natural to worry about not being believed, but all law enforcement officers are trained to handle sexual assault reports. If you encounter an officer who doesn’t understand or seems uninformed, you can request assistance from a superior officer.

Consequences: Exposing someone for a crime, even when justified, can be challenging and may lead to threats of punishment. However, there are numerous organizations that provide support and assistance to victims of sexual assault, helping them stay safe from harm and away from perpetrators.

What to do after you’ve been sexually assaulted?

The trauma resulting from sexual assault can have numerous negative effects, including making it more challenging to seek treatment. Victims may struggle to feel strong and empowered enough to disclose the incident to others, seek treatment, or pursue legal action against the perpetrator.

Much of the recovery process from sexual assault involves restoring strength, independence, and self-worth. This step-by-step guide will assist you in determining what to do after experiencing sexual assault.

Look for Safety and Support

Your safety should always be your top priority. Immediately after an assault, it can be challenging to focus on safety, but seeking stability in your environment is crucial. You have the freedom to go wherever you feel safest, whether it’s a hospital or a police station.

Following an assault, it’s common to struggle with concentrating on safety as shock and derealization may set in while your brain and body process the trauma. Once you are in a safe place, you can begin the process of seeking support, healing, and pursuing recourse.

Sexual assault can have profound effects on mental health, leading to emotional and psychological trauma. It’s vital to take action and seek help. Experts recommend reaching out to someone you trust to help ground yourself and manage any panic attacks.

You can reach out to someone who is understanding and will listen without judgment. They can assist you in getting to a hospital or back home. Unfortunately, victim-blaming and the stigma surrounding sexual assault can deter victims from seeking help, even from those closest to them.

Most states have certified advocates who are available 24 hours a day if you feel uncomfortable reaching out to someone you know. These advocates offer crisis support, confidential assistance, and information about available resources. They also advocate for victims’ rights and provide information. For professional support, you can call the National Sexual Assault Hotline at 800-656-HOPE (4673).

Take into consideration seeking medical care

After experiencing assault, you may feel inclined to stay at home and avoid visiting a hospital. It’s common to experience a range of emotions, including anger, shame, guilt, and panic. However, seeking medical attention immediately after a sexual assault is crucial, regardless of your plans regarding the perpetrator.

The primary goal after a sexual assault is to ensure your medical well-being. Even if there are no visible physical injuries, internal injuries may exist that require prompt treatment. Healthcare professionals are best equipped to provide care for assault victims, including administering necessary treatments and medications to address physical and emotional needs. They can also conduct tests for HIV, sexually transmitted infections, and pregnancy.

If you have been raped, you may consider filing a sexual assault kit. Even if you choose not to file a report immediately, the kit can be preserved until you are ready.

While getting a sexual assault kit may feel intimidating, the window for testing is typically within 72 hours. Acting promptly is crucial. You can decide later whether to report the incident and file a claim for sexual assault.

You can find ways to address and process the incident

One common coping mechanism for trauma or sexual assault is to pretend it didn’t happen. It’s understandable that victims may want to resume normalcy and avoid being labeled as victims. However, talking about the incident is crucial for healing.

Every survivor copes with sexual assault in their own way. Recovery involves relying on healthy coping strategies. Talk therapy, including dialectical behavior therapy and cognitive behavioral therapy, can help manage difficult emotions and feelings that arise over time.

Self-care practices such as journaling, meditation, breathing exercises, and yoga can also be beneficial. Doctors and organizations dedicated to supporting victims of sexual assault offer additional resources and support.

Deciding whether to file a sexual assault claim

You may be tempted to file a claim for sexual assault in the weeks or months following the incident. However, you might reconsider the idea, decide to file, then talk yourself out of it. You should take into consideration the pros and cons of filing a sexual assault case.

First, a sexual assault case can expose the perpetrator. This is particularly motivating if the perpetrator is close to you, as you might want to protect others from their harm.

It can be satisfying to see your perpetrator pay financially or serve time in prison or jail. This may help you feel a sense of justice. Sexual assault is a crime, and filing claims is the best method to ensure perpetrators are held accountable.
However, you may be unable to file if the perpetrator is in court. The final decision about whether to file a claim for sexual assault should be based on your healing goals and whether filing will aid in your recovery.

How Long Can You Wait To Report Sexual Assault?

Many survivors of sexual assault choose to wait to file a claim because it can be complicated. Many survivors wait for years to file a claim, as has been shown in numerous cases.

They might feel they can heal on their own, or they may prefer to let the incident go without pursuing legal action. When victims of sexual assault are able to pursue justice years later, whether the perpetrators are politicians, celebrities, or other public figures, they can expose the wrongdoers and seek justice.

Due to this and other incidents involving non-famous perpetrators recently, laws were created regarding the time period in which a claim for sexual assault can be filed. These laws are known as statutes of limitations and vary from one state to the next.

Statute Of Limitations On Sexual Assault

Understanding the factors that affect the statute of limitations for sexual assault in each state is crucial for comprehending the laws. Each state’s statute of limitations for sexual assault is influenced by several factors, including the type of assault, the crime category it falls under, and the victim’s age at the time.

Some states do not have a statute of limitations for sexual abuse, allowing claims to be filed even decades later. Others have stricter rules about punishing sexual assault crimes. For example, the statute of limitations in a state that categorizes non-rape sexual assaults as misdemeanors may be one to three years.

Rape, being the most serious form of sexual assault, can result in penalties ranging from one year in prison to a life sentence, depending on the state. Each state has different statutes of limitations for sexual assault. Numerous websites and organizations, including the Rape, Abuse, and Incest National Network, provide information about these statutes.

Consulting a sexual assault lawyer is the best way to determine how long you have to file a claim for sexual assault. These lawyers have extensive knowledge of the relevant laws and can help you understand your legal options.

Are There Any Sexual Assaults More Common?

It can indeed be distressing to confront statistics and information about sexual assault. However, gaining an understanding of the full scope of the issue can be empowering for survivors. It lets them know they are not alone in their experiences and provides valuable insights for seeking help and support to address the problem. Sharing information about sexual assault helps survivors and allies alike find resources and take action to combat this pervasive issue.

Sexual Assault in the Home

It’s alarming to note that a minimum of 70% of sexual assault survivors knew their perpetrators, who could be friends, family members, or acquaintances. Despite this, rape remains one of the most under-reported crimes, with only 63% of survivors reporting other forms of sexual assault. Shockingly, only 12% of child sexual abuse cases are reported, and only one in ten women will have experienced rape, sexual violence, or assault from an intimate partner.

The fear of consequences and the desire to avoid disrupting family dynamics, as well as reluctance to expose a family friend or member, can prevent individuals from reporting sexual assault, particularly when it occurs at home or involves someone very close to them.

Sexual Assault on College Campuses

It’s troubling to note that one in five college students experiences assault by males, and one in sixteen females is assaulted on campus every year. Despite these alarming statistics, 90 percent of victims do not report the incident. Additionally, many perpetrators of sexual violence who self-report their acts admit to repeating them.

In response to these issues, many colleges have implemented plans to protect students from sexual assault. These plans often include providing information about student safety, enhancing campus security systems, and assigning campus security officers to accompany students as needed.

Workplace Sexual Assault

It’s concerning to learn that eighty percent of all rapes occur in the victim’s workplace. If you have been raped or sexually assaulted at work by a coworker, your employer has a legal obligation to take action against the perpetrator.

Many companies have policies against hiring former sex offenders, and it is legal for them to discriminate based on a history of violent sexual behavior. If you’ve been a victim of sexual assault at work, you may be eligible to request a leave of absence, stricter safety standards, changes to your work schedule or assignment, or any other adjustments that would help you feel safer.

An attorney can provide guidance on understanding your employer’s expectations after a workplace sexual assault.

Additionally, sexual harassment is a crucial issue that workplaces should address. The U.S. Equal Employment Opportunity Commission (EEOC) defines sexual harassment as any unwelcome sexual advances or conduct of a sexual nature that interferes with a person’s job performance or creates a hostile or offensive work environment. This can range from offensive jokes about sexual behavior to unwelcome physical advances.

Some examples of workplace sexual harassment are:

Certainly, here’s a breakdown of each point:

• Discussing one’s sexual life before other employees: This involves sharing personal details about one’s sexual experiences or activities in a professional setting, which can create discomfort and contribute to a hostile work environment.
• Ask employees about their sex lives: Inquiring about an employee’s sexual life is invasive and inappropriate, violating personal boundaries and potentially leading to discomfort or harassment.
• Jokes about sexual nature: Making jokes of a sexual nature can be offensive and create a hostile or uncomfortable workplace environment, especially if they target specific individuals or groups.
• Commenting on the attractiveness and professionalism of other employees: Comments about an employee’s appearance or professionalism can be unwelcome and may contribute to feelings of discomfort or harassment, particularly if they are unsolicited or persistent.
• Commenting repeatedly on the appearance of an employee: Repeated comments about an employee’s appearance can be harassing and create a hostile work environment, especially if they are unwanted or make the employee feel uncomfortable.
• Inculcating sexual images or information in the workplace: Introducing sexual content or imagery into the workplace is inappropriate and can contribute to a hostile work environment, making employees feel uncomfortable or harassed.
• Not sending emails or texts that are sexually explicit: Sending sexually explicit emails or texts to colleagues is inappropriate and can be considered harassment, creating a hostile work environment and violating professional boundaries.
• Spreading rumors that an employee is sexually explicit: Spreading rumors about an employee’s sexual behavior or activities can be damaging and harassing, contributing to a hostile work environment and potentially damaging the employee’s reputation.
• Inappropriate or unwelcome touching of another employee: Inappropriate touching of colleagues, such as unwanted physical contact or advances, is a form of harassment and can create a hostile work environment. This behavior is particularly concerning if it occurs in settings such as massage salons, where employees may be vulnerable and expect professional conduct.

Indeed, identifying sexual harassment in the workplace can sometimes be challenging, as some behaviors may not be as obvious as others. It’s essential to know that talking to a human resources employee or manager is a valuable step in determining if an action or behavior constitutes sexual harassment. They can provide guidance and support, helping you understand your rights and options in addressing the situation.

Title VII of the Civil Rights Act of 1964 identifies two main types of workplace sexual harassment: quid pro quo harassment, where employment benefits are conditioned on sexual favors, and hostile work environment harassment, where unwelcome conduct creates an intimidating, hostile, or offensive work environment. Familiarizing oneself with these definitions and learning more about workplace sexual harassment can empower individuals to recognize and address inappropriate behavior effectively.

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Sexual Assault During Rideshares

The rise of rideshare companies in recent years has unfortunately brought about a serious problem of sexual abuse during rideshares, affecting both passengers and drivers. In August 2019 alone, Lyft faced seven lawsuits related to rides where passengers were allegedly sexually assaulted or raped.

Uber reported over 3,000 sexual assaults in 2018, with 42 percent of these reports involving Uber drivers. Shockingly, some survivors were even charged for rides after reporting the assaults.

These incidents have shed light on a larger issue: rideshare services like Uber and Lyft lack the same safety standards as traditional taxi services. However, these rideshare companies are starting to recognize the problem and are working to implement stricter safety standards to protect both passengers and drivers.

Sexual Assault Laws

Sexual assault is universally recognized as a crime, with each state having its own set of laws and punishments for different types of sexual assault. Over time, numerous laws have been developed to protect survivors of sexual assault.

Various laws and acts address different aspects of sexual assault. For instance, the Clery Act mandates that college campuses promptly notify staff and students of sexual assault incidents. Additionally, the Vicky and Amy Child Pornography Restitution Act aims to facilitate restitution for child pornography victims from image owners.

The development of these laws often follows cases where victims feel justice wasn’t adequately served, leading to more comprehensive legal frameworks in this area.

Navigating the legal landscape of sexual assault laws can be complex, and consulting with a sexual assault attorney is advisable. While they can’t guarantee the outcome of your case, they can provide guidance on applicable laws and potential outcomes, empowering survivors with knowledge and support.

What Happens if I File a Claim?

After receiving a report, the police have the authority to file charges against the perpetrator, initiating the legal process. An assigned investigator will meticulously examine all details surrounding the incident. During this process, you’ll likely meet with the investigator to provide information and aid in the investigation. Once all pertinent details are gathered, the case will be turned over to the prosecutor’s office.

While some cases may face dismissal due to insufficient evidence, others will proceed further. It’s crucial to report the incident promptly and seek medical attention or a rape kit examination. Doing so not only ensures your physical well-being but also strengthens the case by collecting important evidence.

The Sexual Assault Claims Process

If your case progresses, the next step is typically a preliminary hearing conducted by a grand jury. During this hearing, all evidence related to the case will be presented, including that gathered by the investigator. This process, aimed at protecting your privacy, can take up to six months.

Following the preliminary hearing, the trial will commence, the duration of which varies depending on the complexity of the case. If the perpetrator is found guilty, they will then be sentenced. Sentences and other punitive actions may vary from one state to another, and can include imprisonment, fines, probation, or other measures as determined by the court.

What about all the untested sexual assault kits?

In the United States, the average sentence for rape is approximately 11 years. However, there have been widespread reports of sexual assault kits going untested, resulting in cases being ignored or not prosecuted.

The failure to test sexual assault kits is unacceptable, and many states are enacting victims’ rights laws to ensure these kits are tested and that perpetrators face consequences. The Survivors’ Bill of Rights Act of 2016 also includes provisions regarding the handling of rape kits.

If you choose to file a sexual assault report, it is your right to have the kit tested and to be informed about its results. You also have the right to be heard and included in the criminal justice system. Seeking legal assistance may be necessary to ensure that your case receives the attention and advocacy it deserves, and to prevent it from being lost in the system.

How to file a sexual assault claim

Sexual assaults are unfortunately prevalent in the United States, with someone being harmed on average every 73 seconds. Understandably, victims of sexual assault may feel hesitant to file a claim after experiencing such a traumatic event.

However, there are significant benefits to filing a claim for sexual assault. Doing so can help put an end to the perpetrator’s criminal behavior and ensure accountability for their actions. Additionally, pursuing legal action can provide closure and peace for your own recovery journey.

If you’ve been a victim of sexual assault, don’t hesitate to seek support and explore your legal options. Organizations like Roebig can offer guidance and assistance to help you navigate this challenging process and pursue justice.

oday.

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