Understanding what is considered sexual assault and how it differs from other personal injury claims is essential when hiring an attorney. Sexual assault often happens by a trusted individual or even during a professional service that’s meant to help an individual. A sexual assault lawyer will work with you to properly define sexual assault and will also help you understand your rights.
Definition of Sexual Assault
The first step in the legal process is to understand the definition of sexual assault. You need to know that sexual assault involves anynon-consensual sexual act. For example, this can range from unwanted touching to even moresevere forms of abuse. According to the legal sexual assault definition, consent must be freelygiven. Any violation of this principle is considered sexual assault, but there are several degreesof sexual assault to consider.
Difference Between Sexual Assault and Sexual Harassment
Sexual harassment and sexual assault are often confused, but they arenot the same. Forexample, sexual harassment involves asking for sexual favors, any unwelcome sexualadvances, and other conduct of a sexual nature. While sexual harassment charges are aserious offense, it typically does not involve physical contact. On the other hand, sexual assault involves an unwanted touching of a sexual nature.
Sexual Assault by a Professional or Caregiver
Unfortunately, sexual assault often comes at the hands of a “trusted” professional or caregiver while their victim is vulnerable. Examples of settings where sexual assault may occur:
- Drug or alcohol rehab facilities
- Massage therapy offices
- Nursing homes
- Home visiting professional caregivers
- Foster care
- Hospitals and other healthcare facilities
What Are the Three Types of Sexual Assault?
Sexual assault can be categorized into three primary categories, each with varying degrees of severity:
1) Sexual Assault Without Bodily Harm -This type of sexual assault involves non-consensual sexual contact that does not result in physical injury. Afewexamples include groping or fondling. Even without bodily harm, these acts are violations andcan have severe psychological impacts on victims.
2) Sexual Assault with Bodily Harm – Sexual assault with bodily harm includes any sexual act that results in physical injury. This couldbe bruising, cuts, or other injuries caused during the assault.
3) Aggravated Sexual Assault – Aggravated sexual assault is the most severe form and includes factors such as the use of aweapon, causing significant injury, or targeting a vulnerable individual.
Understanding a Sexual Assault Personal Injury Lawsuit
Civil legal action can be taken against the perpetrator of a sexual assault. Understanding theprocess and requirements is essential for anyone involved in such a case.
What Must Be Proven in a Sexual Assault Case?
Asexual assault attorney should be able to provethat the act in question was non-consensual, and that the defendant was theperpetrator or responsible for supervising the victim and that the victim was traumatized, in the hope to win a sexual assault case. Evidence, such as witness testimonies,medical reports, and any physical evidence collected can typically help establish these facts.
What Are the Odds of Winning a Sexual Assault Case?
The odds of winning a sexual assault lawsuit depend on the strength of the evidence and theeffectiveness of legal representation. Cases with straightforward evidence, such as DNA, witnessstatements, and medical examinations, have higher success rates.
What Evidence Is Collected in a Sexual Assault Case?
Evidence in a sexual assault case may include medical records, clothing, photographs ofinjuries, and any physical evidence from the crime scene. Statements from the victim as well as witnesses also play a critical role.
Closing Thoughts About Sexual Assault
Sexual assault is commonly a traumatic experience, and examples of such abuse may be wide-ranging.Working with a sexual assault lawyer is important to help you understandyour legal rights. These types of lawyers should be able to help you understand the distinct types of sexual assaultwhile guiding you throughout each stage of the civil law process.
