What Are the Components of a Sexual Assault Lawsuit?

Sexual assault is a traumatic experience that can leave survivors with profound physical, emotional, and psychological scars. The aftermath of a sexual assault can also be overwhelming as victims navigate the criminal justice system and face the financial burden of medical expenses, therapy costs, and lost wages.

If you or a loved one has been the victim of sexual assault, you may be entitled to seek compensation through a civil lawsuit. At the Jacob D. Fuchsberg Law Firm, our compassionate sexual abuse lawyers understand the immense challenges survivors face and are dedicated to helping them seek the justice and financial recovery they deserve.

What Is Considered a Sexual Assault?

Sexual assault is broadly defined as any unwanted sexual act or behavior carried out against someone without their consent. Additionally, being under the influence of drugs or alcohol can impair someone's ability to consent.

Unfortunately, sexual assault is a pervasive problem in the United States, affecting millions of people each year. According to the Rape, Abuse & Incest National Network (RAINN), some key statistics include:

• Every 68 seconds, an American is sexually assaulted.
• 1 out of every 6 American women has been the victim of an attempted or completed rape in her lifetime.
• About 3% of American men have experienced an attempted or completed rape in their lifetime.
• 1 in 3 female rape victims experienced it for the first time between 11 and 17 years old, and 1 in 8 reported that it occurred before age 10.
• 82% of all juvenile victims of sexual assault are female.
• Females ages 16-19 are 4 times more likely than the general population to be victims of sexual assault.

Sexual assault can happen to anyone regardless of gender, age, or relationship with the perpetrator and can have a lasting emotional impact on victims. These staggering numbers highlight the prevalence of sexual assault and the critical need for survivors to have access to legal resources and support.

Sexual Assault Cases in an Institutional Setting

Although most institutions institute protocols to protect members of that institution from sexual abuse, sexual assault is still prevalent throughout institutions across the United States. In this setting, sexual assault is most often perpetuated by an individual in a position of power who abuses their authority by using threats and retaliation to coerce an individual into engaging in a sexual act or to prevent the individual from reporting the abuse.

Sexual assault can occur in a variety of contexts and involve different types of perpetrators. Some common examples include:

• Prison and jails
• Sexual assault in schools and universities
• Workplace sexual assault
• Medical facilities
• Sexual abuse in youth organizations including summer camps, Boy Scouts, etc.
• Churches

In some cases, an institution may be aware of an individual’s prior sexual misconduct but fail to take action, which can embolden the perpetrator to continue their abusive behavior and may even put more victims at risk. In this situation, the institution may also be held responsible for the victim’s injury.

Pursuing Civil Action: Sexual Assault Lawsuit

If you or a loved one has been a victim of sexual assault in an institutional setting, you may be able to take legal action against both the individual who perpetuated the abuse and the institution that enabled the abuse to occur.

New York has some of the most victim-friendly laws in the nation. At the Jacob Fuchsberg Law Firm, our experienced New York Sexual Assault attorneys can help you seek damages against your abuser through a civil claim.

In order to pursue a successful sexual assault claim, it is important to have the following information:

1. Reports of Assault

It is important to gather all reports and documentation regarding the assault. This can include reports made directly to the institution, police reports regarding the incident, medical records that mention or document the abuse, as well as any conversations with friends or family. These documents can help corroborate the victim’s story.

2. Sanctions Taken Against the Abuser

After an institution becomes aware of a sexual assault, they may take action against the abuser such as a demotion or firing. If the abuser is reprimanded as a result of the sexual assault, this can be cited as evidence to help corroborate the victim’s testimony.

In more severe cases, abusers might also face criminal prosecution. Although it can be very frightening or difficult for a victim to provide testimony to prosecutors, participation in the criminal investigation can also be used as evidence in a civil suit to corroborate the victim’s testimony.

3. Institutional Knowledge

In order to pursue a claim against both the abuser and the institution where the abuse occurred, it is important to show that the institution had some knowledge of the abusive behavior but failed to take action. It is also useful to identify what institutional protocols the abuser may have violated that the institution could have foreseen or should have been aware of.

In the correctional setting, you must prove that the institution acted with deliberate indifference towards the victim. To meet this standard of proof, you must show that the prison had knowledge of the abuser’s behavior but failed to take action, resulting in injury to the victim.

4. Threats and/or Retaliation

Unfortunately, victims of sexual assault often experience threats from their abuser to deter them from reporting the assault in the first place or retaliation after the victim formally reports the abuse. Both actions are very harmful and can seriously harm the victim’s mental health. Any documents or correspondence that show there was retaliation can help strengthen a civil claim made against the abuser and institution.

Attorney Jaehyun Oh has participated in nationwide reform efforts to ensure that incarcerated victims of sexual assault receive proper medical and psychological after they report their abuse. Following the historic $3M settlement, the Government expanded the criteria for compassionate release to include sexual assault as an extraordinary and compelling reason to grant a sentence reduction.  

5. Ongoing Impacts of the Assault

Sexual assault is an incredibly traumatic experience, and survivors often have to deal with the impacts of the abuse for years following the incident. If you are a victim of sexual assault, it is important to seek proper medical and psychological to address any physical and mental health symptoms you may be experiencing. Any treatment you receive as a result of the abuse can be claimed as damages in a civil suit.

Damages in Sexual Assault Civil Lawsuits

If you prevail in a sexual assault civil lawsuit, you may be entitled to various types of damages, including:

Economic Damages

Compensation for sexual assault often includes tangible losses like medical costs, the cost of therapy and psychological services, lost wages due to time a victim was unable to work, and property damage that occurred as a result of the assault.

Non-Economic Damages

This type of compensation pays for harder-to-quantify harm of an emotional/psychological nature. This includes emotional distress, anxiety, depression, PTSD, damage to reputation and personal relationships, loss of consortium, and overall diminished quality of life from trauma.

Experienced sexual abuse attorneys enlist expert witnesses to help illustrate the extent of psychological harm.

Punitive Damages

Punitive damages are awarded in cases of especially deplorable, willful misconduct to directly punish the perpetrator. High-punitive awards serve as a strong deterrent against similar heinous behavior. Though less common, these can significantly increase a sexual assault settlement amount.

Legal Fees and Costs

Courts may order the perpetrator or negligent third party to pay the legal fees and costs associated with the civil lawsuit. This alleviates a major financial burden that could prevent abuse survivors from seeking justice.

Overall, skilled lawyers evaluate the full breadth of damages — economic losses, psychological injuries, pain/suffering, and other lifelong impacts — when fighting for comprehensive financial compensation to help rebuild the lives of those sexually assaulted or abused. Having an experienced legal team is vital.

Sexual Assault Civil Lawsuits vs. Criminal Cases

While a perpetrator may face criminal charges for the sexual assault, survivors may be able to pursue a civil lawsuit against their attackers as well as third parties who filed to prevent the abuse from occurring.

There are some significant differences between criminal and civil sexual assault cases to be aware of. In a civil case, the victim (plaintiff) brings the lawsuit against the perpetrator (defendant) rather than the state prosecuting the case.

A criminal case seeks to punish the perpetrator and requires proof beyond a reasonable doubt, whereas a civil lawsuit requires a lower burden of proof. The standard of proof in a civil case is "preponderance of the evidence," meaning the plaintiff must show it is more likely than not that the assault occurred.

Monetary damages can be awarded to the victim in a civil case, while criminal cases focus on the punishment of the offender through jail time, probation, and sex offender registration. Civil cases may also allow recovery of damages from third parties who failed to prevent the assault, such as schools, employers, or property owners.