Are you a survivor of a sexual assault that was committed against you in Richmond, Virginia? If so, what happened to you was a heinous act – one for which you deserve justice. While state prosecutors may choose to pursue criminal charges against the perpetrator, you have the right to pursue a civil lawsuit against them. Doing so could provide you with the justice you’re entitled to and the financial means to overcome the personal and economic consequences of what happened. A Richmond sexual assault attorney can help your case and your recovery.
Marks & Harrison is prepared to serve as your voice and guide during this process. Our personal injury firm has been serving the people of Richmond and throughout Virginia for more than a century, recovering millions for our deserving clients. We firmly believe what happened to you is inexcusable and unacceptable. Our team wants to help you assert your rights and demand fair compensation for what’s been done. Contact us today for a free and confidential consultation with a Richmond sexual assault lawyer, and let’s seek the fair outcome you deserve together.
What Is Considered Sexual Assault?
Sexual assault is more than a crime in Virginia – it is also a civil wrong for which a perpetrator may be held liable. Survivors’ advocacy group RAINN defines sexual assault broadly as sexual contact or behavior that occurs without the express consent of both parties. It can include everything from rape and attempted rape to unwanted fondling or touching.
If you were subjected to a sexual act against your wishes, what happened would likely constitute sexual assault. If you’re not sure, contact a lawyer for sexual abuse cases. They can listen to your story confidentially, answer your questions, and provide you with the context you need to make an informed decision about what to do next.
What Are Some Warning Signs That Someone May Have Been Sexually Assaulted?
Are you the parent or loved one of someone you worry may have been sexually assaulted? If so, look for these telltale warning signs that could confirm your suspicions:
- Mood swings – Watch for sudden shifts in behavior. Your loved one might become more withdrawn, moody, or irritable. They might also exhibit reckless or self-destructive behaviors.
- Avoidance – Your loved one may start avoiding certain people or places they used to frequent without any clear reason. This could include changes in their routine to avoid specific locations or social interactions.
- Changes in personal care – Noticeable changes in personal hygiene – either neglecting personal care or excessively cleaning themselves – may be a reaction to assault.
- Social withdrawal – Isolating themselves from friends, family, or social activities can be a sign of trauma, especially if it’s a significant departure from their usual behavior.
- Academic or work problems – Sudden drops in performance at school or work, increased absences, or difficulty concentrating can indicate underlying distress.
- Substance use – An increase in the use of alcohol or drugs might be an attempt to self-medicate to cope with the emotional and psychological pain of an assault.
If you notice any of these symptoms, consider approaching your loved one about your concerns. Encourage them to seek help, including from a compassionate Richmond sexual assault attorney. Be gentle and remember that sexual assault is a traumatic event.
Who Can Be Held Liable in a Richmond Sexual Assault Case?
The perpetrator is the person most directly responsible for their actions and most obviously liable for them. However, they are not necessarily the only party who could be held accountable in a sexual assault case in Richmond.
Here are some examples of parties you could potentially hold liable for sexual assault:
- The person who assaulted you
- An organization that encouraged a culture of abuse or knew about the assault and tried to cover it up
- An employer that didn’t perform adequate background checks on an employee who assaulted you on the job
- A business that failed to take adequate precautions to keep you safe from assault while on its premises
Can a Sexual Assault Case Be Both a Criminal Case and a Personal Injury Case?
Sexual assault is both a criminal offense and a civil wrong in the Commonwealth of Virginia. While the state has the right to prosecute the perpetrator for the crime of sexual assault, it is the survivor’s right to pursue a civil lawsuit against the person who harmed them.
These actions play out in separate courts with separate sets of rules. As a result, the same defendant could be found not guilty of the crime of sexual assault and liable for the civil wrong of assault. This is because prosecutors must reach a higher standard to secure a conviction than plaintiffs must to prove liability. A perpetrator can even be held liable for the civil wrong of sexual assault if they are never tried for the crime. Contact our Richmond sexual assault lawyer today.
Could I Be Compensated for Damages for My Sexual Assault Case?
As a survivor of sexual abuse, you could be owed compensation for the many financial and personal injuries you suffered, including:
- Medical bills
- Counseling expenses
- Lost wages and diminished income
- Pain and suffering
- Emotional distress
- Reduced quality of life
What Is the Statute of Limitations for a Sexual Assault Lawsuit in Virginia?
Depending on the circumstances, Virginia law has different deadlines for filing a sexual assault lawsuit against the people responsible for what happened to you:
- If the assault happened after July 1, 2020, adult survivors have 10 years from the date of the assault to pursue a lawsuit.
- Adult survivors are only allowed 2 years to file for assaults that occurred before July 1, 2020.
- The deadline is extended to 20 years if the survivor is a minor or incapacitated.
- If the attacker was in a position of authority over an adult survivor, they have 15 years to file.
Late filing could result in the dismissal of your case and the loss of your right to compensation. While these limits may seem like plenty of time, you could lose key evidence and witnesses’ memories could fade if you wait. Reach out to an attorney today to protect your case.
How Can a Personal Injury Lawyer Help Me with a Richmond Sexual Assault Claim?
An experienced personal injury attorney can be a critical ally in your search for justice and compensation. They can:
- Investigate the case to recover crucial evidence
- Determine all parties who could be liable for what happened
- File any insurance claims and lawsuits on your behalf
- Negotiate for an out-of-court settlement if you’d prefer the matter to stay private
- Litigate your case at trial if you’d rather have your day in court
- Support you with compassion and respect throughout the course of your case
- Handle your case at no upfront cost, instead charging a fee only if and when they win
Contact a Richmond Sexual Assault Lawyer
If you’re a survivor of sexual assault that happened in Richmond, the team at Marks & Harrison wants to help you demand justice, accountability, and compensation. Trust us to support you during this challenging time, just as we have for countless Virginians over 110 years in practice. Past clients call our lawyers “knowledgeable, professional, yet compassionate.” Contact us today for a free and confidential evaluation with a Richmond sexual abuse attorney to learn more.
