Sexual violence is one of the most heinous acts one person can commit against another, leaving emotional scars long after the physical ones have healed. No one should have to experience such an attack, let alone face its aftermath on their own.
If you are a survivor of sexual assault in Virginia, please know that help is just a click or phone call away. Marks & Harrison is a respected law firm with more than 110 years of history serving the people of Virginia, recovering millions on their behalf. Our compassionate Virginia personal injury lawyers want to help you hold the attacker accountable for what they’ve done. We know that while nothing can undo the harm that person caused you, a civil lawsuit can provide you with both a measure of justice and the financial means to move forward with dignity and hope.
So don’t wait another moment to secure our services at no upfront cost. Let us handle your civil claim for you while you heal and recover. Contact us today for a free and confidential consultation with a Virginia sexual assault attorney.
What Is the Definition of Sexual Assault in Virginia?
Survivors’ advocacy group RAINN defines sexual assault as any sexual contact or behavior that occurs without both parties’ explicit consent. It can include:
- Rape and attempted rape
- Unwanted fondling or touching
- Forcing another person to touch or perform sexual acts on the perpetrator
Sexual assault is illegal in Virginia. However, it is important to understand that sexual abuse is not just a crime. It is also a civil wrong, allowing survivors to seek accountability and compensation separately from the criminal justice process.
How Can the Person Responsible for the Assault Be Held Accountable?
While state prosecutors can pursue criminal charges against the person who assaulted you, you have the right to pursue a civil lawsuit against them. These are distinct legal actions that take place in separate court systems. State prosecutors must prove the defendant is guilty “beyond a doubt” to secure a conviction in criminal court. On the other hand, the barrier to establishing civil liability is not as extreme. Your lawyer must prove your case “by a preponderance of the evidence” – that means it is more likely than not that the defendant assaulted you.
By pursuing criminal charges, the state seeks to punish the perpetrator for the damage they’ve done to society at large through their egregious behavior. However, a civil suit allows you to hold that person accountable for the harm you have suffered individually because of their actions.
Who Else Could Be Liable for a Virginia Sexual Assault in Addition to the Assailant?
Parties other than the person who assaulted you could also be liable for what you’ve suffered. Other defendants in a civil case for sexual assault can include:
- The owner of a business that failed to provide adequate security to protect you
- A business, school, or social organization that allowed or fostered a culture of abuse
- Employers that failed to screen applicants adequately to determine whether they had a history of sexual violence
An experienced personal injury attorney can review the facts to determine whether additional parties might be responsible for what you’ve suffered. This could be crucial to pursuing the full amount of financial compensation you deserve.
What Compensation Might I Be Entitled to in a Virginia Sexual Assault Case?
The parties liable for the sexual assault you’ve suffered could owe you money for the following:
- Medical bills, including psychological care
- Lost wages if you are unable to work
- Reduced income if lingering injuries affect your career path
- Pain and suffering
- Emotional distress
- Lower quality of life
Is There a Statute of Limitations for a Sexual Assault Lawsuit in Virginia?
Virginia state law has different deadlines for filing a sexual assault lawsuit against the perpetrator and other potentially liable parties depending on the circumstances:
- The law gives adult survivors up to 10 years from the date of the sexual assault to file suit, as long as the assault happened after July 1, 2020.
- Adult survivors only get 2 years to file for assaults that occurred before July 1, 2020.
- If the survivor was a minor or incapacitated, the time limit is extended to 20 years.
- There is also an exception when the attacker was in a position of authority over an adult survivor, allowing 15 years to pursue a lawsuit.
Filing after the deadline passes could result in the court dismissing your case as untimely filed, costing you your right to compensation. These limits may seem like plenty of time. However, the longer you wait, the more likely it is that critical evidence and witnesses’ memories will be lost. Don’t risk this possibility. Instead, contact a personal injury lawyer for sexual assault today.
How Can a Personal Injury Lawyer Help Me with a Virginia Sexual Assault Claim?
As a survivor of sexual assault, you should have the time and space to focus on your well-being and recovery. You shouldn’t have to bear the burden of pursuing a legal case, especially one that involves confronting the person who harmed you. Instead, you can let a personal injury attorney pursue your civil case for you. While you rest and get better, your lawyer can:
- Investigate the assault to determine what happened and everyone who could be at legal fault for it
- Calculate the financial and personal costs you’ve endured because of the perpetrator’s heinous actions
- Determine avenues for pursuing compensation and justice, whether through lawsuits or insurance claims against the people who allowed the assault to happen
- File your claims for you and negotiate with liable parties for a fair settlement, if you want to avoid a court battle
- Take your case to trial so you can have your day in court if that’s what you prefer
- Support and protect you throughout the legal process, demanding that your voice be heard and your rights be respected
Because most personal injury lawyers work on contingency, you are not taking on financial risk to start your case. Rather than paying your lawyer upfront for their services, you will pay them a percentage of the compensation they recover on your behalf.
Contact a Virginia Sexual Assault Lawyer
Have you experienced sexual violence in Virginia? If so, you could be entitled to compensation for what you’ve endured. But you don’t have to seek justice on your own. Instead, you can turn to the compassionate legal team at Marks & Harrison for help asserting your rights and pursuing what you’re owed. Past clients appreciate how we “demanded the other side treat [them] with respect and dignity.”
Let us be your voice during this difficult time. Contact us today for a free and confidential case review with one of our Virginia sexual assault lawyers.
