If you are a victim of sexual abuse, you can sue the perpetrator for the damages they caused. You can file a civil lawsuit for any sex crime like rape, groping, sexual abuse by teachers, doctors, child sexual abuse, San Jose priest abuse, and more. The perpetrator does not have to go through criminal charges first. As long as you have proof of damages, you can file a lawsuit against the person. As a survivor, you are entitled to compensation for medical bills, pain and suffering, scarring, anxiety, lost wages, psychological therapy, and others. If you decide to sue a sexual perpetrator, here are questions to assist you to understand the process of filing a lawsuit.
Who Can Sue for Sexual Abuse?
If you have been a victim of sexual abuse or inappropriate touching, you can sue the perpetrator. The family of the victim may also bring a claim against the abuser if they witnessed the assault. The family may also sue the abuse if the victim dies after the assault where they can file a lawsuit for wrongful death. A person may also sue the perpetrator if the incident resulted in the loss of companionship, support, or intimacy from the victim.
Can Another Person Be Held Accountable?
In most sexual abuse cases, the main parties are the perpetrator and the victim. However, what you need to know is that another person can be held accountable for the abuse if their negligence led to the incident. So, if the assault happens because of someone else’s negligence of care, the person can also be sued.
How Much Time Do I Have to File the Lawsuit?
The statute of limitations differs with states and age. For an adult who has been sexually abused, you have at most two years since the incident to sue the abuser. After that, you lose your right to get justice. When it comes to child sexual abuse, the victim can file a lawsuit no later than their 40th birthday. If you decide to sue the abuser at 40, you will need to get certificates from mental health doctor explaining why you did not discover the harm soon. You will also need a lawyer’s clarification that they have understood the case and the mental health professional’s reasoning.
Should I File for Criminal Charges First?
In such a case, you don’t necessarily need a police report to file the lawsuit. This need is eliminated since many victims fear to tell the police with the fear that nobody will believe them. When it comes to a civil lawsuit, you don’t need to file for criminal charges first. You can go directly to court, although a police report can greatly help you when providing proof.
Can a Person Sue Me for Defamation?
In a lawsuit, cases of harmed reputation are rare. However, a person can sue you if you ruin their image on social media platforms. This is why it is always advisable to avoid posting things related to the assault on social media. The best way to deal with this is to report to the police and wait for the right steps from the authority.
The Takeaways!
We hope that these questions have helped you to understand the process of filing a lawsuit against a perpetrator. It is always crucial to know the right thing to do and the right steps to take when suing the person for damages.
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