New York City Personal Injury Law Blog
Sexual Assault and Personal Injury Laws
According to a survey done by the US Department of Justice’s National Crime Victimization (NCVS), an average of 293,066 people (aged 12 and above) in the country are victims of rape and sexual assault each year. This means that one sexual assault occurs every 107 seconds. Nearly 6 out of 10 sexual assault/rape incidents are reported by victims to have occurred at a friend, relative, or neighbor’s home or in their own home.
Additionally, a National Victim Center study reports that 1.3 women aged 18 and over, are forcibly raped every minute in the United States. This means that there are 78 rapes every hour, 1,871 every day, or 683,000 annually. According to the US Department of Justice, an estimated 91% of rape and sexual assault victims are female and 9% are male. What is even worse is that many of these rapists are treated kindly by soft judges and given light sentences.
Personal Injury Claim in a Sexual Assault Case
When people hear or read news about sexual assault, it is usually the criminal aspect that they think about. However, victims can also raise civil claims against those responsible for the crime. For example, the victim may be able to bring personal injury claims against the culprit or culprits for injuries that they suffered due to the crimes committed against them.
Depending on the facts that are involved with the case, the defendants (responsible party) may be the assailant or assailants, an employer or even another third party that somehow has an involvement in the assault.
When this particular type of personal injury case is brought forth, there are elements that the plaintiff (injured party or relative/friend suing on the injured party’s behalf) must be able to prove to the court, such as:
- The assailant sexually assaulted the injured party
- The injured party suffered damages caused directly by the assault (the damages may be physical or emotional)
- The victim’s injuries were directly caused by the defendant either through intent or negligence
The First Course of Action
After being sexually assaulted, ensuring your safety is the most important thing to do. You need to find a place that is safe. Then contact a trusted friend or family member or a sexual assault hotline.
From a legal perspective, it is important to make sure that you retain the clothes you were wearing during the assault, and refrain from cleaning or treating your wounds. Although it may be counterintuitive, you can lose crucial evidence if you inadvertently dispose of evidence. This does not mean that you should not seek medical help. You need to get medical treatment as soon as possible. This way, you avoid any possible complications to your health and also, it ensures the official documentation of your wounds and any other physical evidence by a medical professional. This documentation plays a critical role in the effective prosecution of your case by a personal injury lawyer.
Compensation for Injuries caused by a Sexual Assault
In the case of a personal injury case for sexual assault, the victim, or plaintiff, may be awarded damages by the court for injuries caused directly by the assault. Based on the scope and severity of the plaintiff’s injuries as well as an evaluation of the defendant’s responsibility for those injuries, the amount of damages awarded by will be determined by a judge or jury.
If you have been sexually assaulted and want to bring a personal injury claim against the assailant, you should seek the help of one of the experienced personal injury lawyers at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212 697 9280.
We know this arena. We know how to win cases. Our track record is not perfect but close to it. We have won millions of dollars for past clients, you can be on this glorious list. Just give us a call!