Rape and sexual assault are often deemed two of the most heinous crimes that can be perpetrated by one person upon another. If you are a survivor of a sexual attack, you can fight back. Contact the Phoenix sexual assault attorneys at Begam Marks & Traulsen, P.A. today for representation in Arizona.
How Our Phoenix Sexual Assault Lawyers Help Survivors
The Phoenix sexual assault lawyers of Begam Marks & Traulsen, P.A. want to understand the full set of facts and circumstances surrounding your assault. The goal is to seek to identify all those who may bear legal liability beyond the perpetrator.
In addition to the perpetrator, other potentially responsible parties can include:
- Property owners, such as commercial malls, if the property was unreasonably unsafe.
- Business owners, in the case of sexual assaults committed by employees after-hours, or if the premises are not safe for those working after-hours.
- Security companies, if they fail to timely respond to alarms.
- The lock manufacturers, if locks fail.
- Hotels and motel owners.
The foregoing is only a partial list of potential defendants. We will want to determine all those who we believe bear legal liability.
In many cases, property owners and others will have insurance. Once our Phoenix rape attorneys identify all those who we believe are liable. We will want to also determine whether they have any applicable insurance that may cover their liability.
Damages Recoverable in a Rape or Sexual Assault Lawsuit
Victims of rape and sexual assault can file civil claims to recover compensation. Compensation can help them move past these incidents, recover from sexually transmitted infections, and secure support services they otherwise could not afford. Rape and sexual assault are crimes, but they still qualify as personal injuries. Survivors can pursue civil damages against perpetrators. Convicted defendants may need to pay restitution to victims as part of their sentencing. They will also face civil liability for lawsuits filed by their victims.
Criminal trials are difficult for victims of sexual crimes. In criminal cases, the state requires the highest burden of proof: guilt beyond a reasonable doubt. This means the victim will essentially need to put his or her life on display during the course of a criminal trial, confront his or her abuser directly in court, and answer intimate questions about his or her life and relationship to the defendant. If the offender somehow avoids conviction at trial, the victim should still pursue a civil claim against the perpetrator.
Damages in a rape or sexual assault civil claim can include medical expenses for the victim’s hospital treatment, ongoing treatment for contracted sexually transmitted infections, and lost income from time spent in recovery following the assault. The plaintiff can also secure compensation for his or her pain and suffering. Compensation for pain and suffering will likely be the most substantial in any civil case for sexual crime. A rape or sexual assault can cause physical injuries and leave lasting psychological trauma that will affect a victim for the rest of his or her life.
Arizona Statute of Limitations for Survivors of Childhood Sexual Abuse
On May 27, 2019, Governor Doug Ducey signed H.B. 2466, a bill that opened the door for adults who were sexually abused as minors to bring a civil lawsuit against their abusers. In some cases, plaintiffs can bring a lawsuit against the abuser’s employer. Highlights of the bill include:
- An adult of any age who was injured as a minor by sexual conduct or contact has a window from now until December 30, 2020, to bring suit against the perpetrator who had sexual contact or against a person who had a mandatory duty to report the abuse but failed to do so.
- After December 30, 2020, the Statute of limitations is extended from 2 years to 12 years, allowing survivors of child abuse to pursue justice up to the age of 30.
What to Do After a Sexual Assault
Reporting a sexual crime may be difficult, but it’s an important step for survivors of rape or sexual assault. Working quickly to notify law enforcement is the best way to ensure the perpetrator cannot victimize anyone else.
Sexual assault victims should seek medical care as soon as they are able. In fact, it is possible to report a sexual assault through an attending physician. Once the victim reports the situation to his or her doctor, the doctor will administer treatment and notify the authorities. It is also possible to call 911 or contact the local police department’s direct line immediately following the incident.
Most local police departments throughout the United States have Sexual Assault Response Teams (SARTs). These teams receive special training for helping victims of sexual crimes and investigating their cases. SARTs work with local medical providers, sexual assault resource centers, and other law enforcement agencies to investigate sexual crimes and streamline the questioning and interview processes for victims. These teams generally strive to reduce the number of repetitive question-and-answer sessions that may be difficult for victims to withstand.
A victim of a rape or sexual assault can request a medical forensic exam, from an attending physician or law enforcement. These kits contain testing materials to preserve DNA evidence for use later in a criminal case, civil trial, or both.
Importance of Reporting
All survivors of sexual crimes must remember that rape and sexual assault are crimes. Survivors should never think twice about reporting these crimes out of fear of reprisals or criminal prosecution. For example, a teenager who was out drinking with friends and suffered a sexual assault may hesitate to report the incident out of fear of repercussions for underage drinking. Some victims may suffer at the hands of friends, acquaintances, and even intimate partners and hesitate to report these incidents for a number of reasons. Unfortunately, that fear is one reason sexual abuse continues.
Contact a Phoenix Rape Attorney
We help the survivors of rape, sexual assault, and sexual abuse by identifying all those who we believe shared liability for the attack. Once these people are identified, our Phoenix personal injury attorneys seek full compensation for our clients. There is no fee unless we are successful in seeking full compensation.