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Compassionate Help for Survivors of Sexual Assault
Sexual assault is a physically and emotionally shattering form of abuse that can put unimaginable stress on relationships and families. It is also a form of abuse that is often not reported out of feelings of fear or shame on the part of the victims. Sadly, one in five women have experienced completed or attempted rape in their lifetime. That is according to statistics gathered by the National Sexual Violence Resource Center (NSVRC).
While the perpetrator of these assaults will face criminal charges, that is not the only measure of justice that can be levied against them or the entities that might have contributed to the assault. When you seek compensation in a civil complaint, you need the guidance of an experienced legal team like you will find with Curcio Law. We have the right kind of experience as an Alexandria sexual assault lawyer to help victims of these heinous acts find a remedy.
Before moving forward with this claim, it is essential to understand what exactly is considered sexual assault and who might be held accountable for the act. Consider reaching out to us if you’re ready to take legal action against the person who harmed you or an entity that was permissive of such acts.
What Qualifies as a Sexual Assault?
The U.S. Department of Justice Office on Violence Against Women defines sexual assault in the following way:
“The term “sexual assault” means any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent.”
There are many crimes that would apply to sexual assault. Those crimes include the following:
- Attempted rape
- Fondling or unwanted sexual touching
- Forcing a victim to perform sexual acts, such as oral sex or penetrating the perpetrator’s body
- Penetration of the victim’s body, also known as rape
It is important to note that even though rape is a form of sexual assault, not all sexual assault is considered rape. It is essential to follow the legal definitions of the assault in order to establish your claim. The Rape, Abuse, and Incest National Network (RAINN) leans on the Federal Bureau of Investigation’s definition of rape as “penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.”
If the assault is committed in Virginia, our state law defines rape in the following way:
“If any person has sexual intercourse with a complaining witness, whether or not his or her spouse, or causes a complaining witness, whether or not his or her spouse, to engage in sexual intercourse with any other person and such act is accomplished (i) against the complaining witness’s will, by force, threat or intimidation of or against the complaining witness or another person; or (ii) through the use of the complaining witness’s mental incapacity or physical helplessness; or (iii) with a child under age 13 as the victim, he or she shall be guilty of rape.”
According to RAINN, approximately two-thirds of rapes were committed by someone known to the victim. That further adds to the complexity of holding the assailant accountable.
The Aftermath of an Unwanted Sex Act
The physical wounds of a sexual assault can include some of the following conditions:
- Lacerations
- Bruising
- Bone fractures or sprains
- Chronic pelvic pain
- Gastrointestinal disorders (ex: irritable bowel syndrome)
- Chronic pain
- Migraines
- Back pain
- Facial pain
While those physical wounds might be quick to heal, emotional wounds often last a lifetime. A victim of sexual assault can develop a fear of leaving the home. Victims often have difficulty concentrating at work. What they used to do as “normal,” like walking to the store or riding on public transportation, becomes debilitating. Those mental health issues could require ongoing therapy.
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Find compassionate and understanding legal guidance at Curcio Law. We provide confidential, no-cost case evaluations to survivors of sexual abuse and assault.
Compensation Available to Alexandria Sexual Assault Victims
A survivor of sexual assault is entitled to hold their abuser accountable. However, unlike a car accident where you make a claim against an insurance company, the sexual assault survivor will need to file a civil complaint to seek some form of restitution. Your Alexandria sexual assault lawyer will help you build a narrative of the assault and its impact on your life. You may be able to recover some of the following damages:
Medical expenses
Your medical expenses will include any out-of-pocket costs of medical treatment related to the assault injuries. These expenses will also include the cost of ongoing psychological therapy.
Lost Income
If you had to stay out of work during recovery from your injuries, you would be entitled to reimbursement of those wages. If the assault has traumatized you in such a way that it forces you to leave your job, you could also be compensated for future earning potential.
Pain and Suffering
Pain and suffering is the category of damages that aren’t backed up by a receipt or bill. This has to do with the level of mental anguish the assailant caused you through their assault. Often, this is a number that is based on your economic damages. The total of your economic damages would be multiplied by an assigned factor. It is vital for you and your sexual assault attorney to come up with a number that is reasonable and would be able to be collected from the assets of the assailant.
Punitive Damages
A jury in an aggravated sexual assault case can award punitive damages, which serves as an additional punishment to the assailant. The Virginia cap on punitive damages in any personal injury lawsuit is $350,000.
What To Know Sexual Acts and Criminal Charges in Virginia
A person who is accused of sexual assault may face criminal charges. Those are separate from a civil complaint. It is important to note that the results of a criminal case should not impact your personal injury case. In other words, both types of cases can be pursued. You may need to testify in one or both instances. Your attorney will make sure that you’re fully prepared if you have to.
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Who To Hold Responsible for Undesired Sexual Contact in Alexandria, VA
The person who committed the sexual assault will remain the primary liable party. However, there are other entities that could also be held responsible. Those entities can include the following:
- Hotels
- Hospitals
- Churches
- Nursing homes
- Employers
- Property owners
How could they be held responsible? In some cases, an organization like the church might be aware of a person’s history of assault but still keep them employed. A hotel could be accused of lapses in security that allow an assailant into its premises to assault a guest. A property owner who doesn’t provide adequate security, such as lights in a parking lot, surveillance, or guards, could also be liable if their building is in a high-crime area.
Getting Discrete Support From an Alexandria Sexual Assault Lawyer
The attorneys at Curcio Law who handle sexual assault cases understand the trauma associated with these crimes. We also appreciate the complexity when the assailant is known to the survivor.
Above all else, we know how difficult it might be to come forward. That is why we offer compassionate support and discretion. If you or someone in your family has been victimized, you owe it to yourself to talk about your options for a remedy with an Alexandria sexual assault lawyer.
Call to set up a consultation. We’re ready to listen.
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