Sexual Abuse & Assault
There is no longer a need for sexual assault victims to suffer in silence; they are prepared to demand justice from those responsible for their sexual abuse. Our legal team at Whitener Law Firm in Albuquerque cares deeply about helping those who have been victims of sexual abuse.
We recognize that it was not your fault if you or someone you care about was a victim of sexual abuse at the hands of a sexual abuser. If you or a loved one has suffered physical pain, mental agony, emotional distress, or any other type of loss for which you believe you should be compensated monetarily, please call us now for a free, confidential consultation.
What Is Sexual Assault?
According to the law, sexual intrusion without authorization is a form of rape. Rape is defined by the FBI as “any penetration, however minor, of the anus or the vagina with any part of the body or instrument, or oral intrusion by a sexual organ of another individual without the agreement of the victim” for its Universal Crime Reports.
Any sexual abuse used is not always physical. A perpetrator may use threats, intimidation, or other forms of psychological coercion to force a victim to engage in sexual activity without their consent. Some abusers resort to physical or psychological coercion to get their victims to obey.
Identifying Those Responsible for Sexual Assault and Abuse
The vast majority of sexual abuse offenders are people the victim knows and trusts. Roughly eight out of ten cases of sexual assault are undertaken by a person the victim knows, such as an intimate partner.
It is not uncommon for the term “date rape” to be applied to sexual assault committed between acquaintances. A date is just one example of a potential perpetrator of acquaintance rape; other examples include a classmate, neighbor, a friend's significant other, and so on. Keep in mind that merely kissing someone or going on a date does not constitute consent for more sexual contact in the future.
Sometimes the sexual abuse victim has no prior connection to the offender. The term “stranger rape” is commonly used to describe this form of sexual assault. Sexual assault by a stranger can take several forms.
An example of a blitz sexual assault is a sudden, brutal attack on a victim in a public place at night.
The term “contact sexual assault” refers to an attack in which the offender makes contact with the victim and then attempts to earn their trust by, for example, flirting with them or luring them to their car before assaulting them.
Victims of sexual assault, whether at the hands of a stranger or someone they know, are frequently the ones who inflict the most self-blame on themselves. Keep in mind that no victim is ever at fault for the conduct of an offender.
Sexual Abuse Perpetrated by Organizations
Over the years, several organizations, such as the Boy Scouts of America and the Catholic Church, have gained national media attention regarding allegations of sexual abuse. Not only have members of these organizations been responsible for these assaults, but other members have been accused of covering sexual abuse cases instead of reporting them to the proper authorities. They are accused of not taking the necessary steps to ensure that no one else was victimized and bear responsibility for not working to create a safe environment.
If you or a loved one are a survivor of sexual abuse by a member of Scouting America (formerly Boy Scouts of America), the Catholic Church, or any other religious or recreational organization, please reach out to us and share how you have been affected.
Understanding Sexual Abuse: Navigating Civil Lawsuits
Victims of sexual assault or abuse have the option to seek legal recourse through civil lawsuits against the perpetrator. The civil justice system is designed not to determine guilt or innocence, but to ascertain responsibility for compensating the victims of such crimes. If liability is established in civil court, the perpetrator may be required to pay damages to the victim or their family. The compensation awarded in these cases depends on the specifics of the sexual abuse endured.
Civil Versus Criminal Legal Actions for Sexual Assault and Abuse
It's important to note that sexual abuse cases can lead to both criminal prosecution and civil claims. In civil court, cases often extend to claims of assault, battery, or intentional infliction of emotional distress alongside sexual assault allegations. The objective of awarding damages in a civil lawsuit for sexual abuse is to compensate the victim for both physical and psychological harm. This can include covering medical expenses and the costs of psychological or emotional therapy.
Civil cases differ from criminal cases in terms of the required standard of proof. While criminal cases demand proof “beyond a reasonable doubt,” civil cases require a “preponderance of the evidence.” This lower threshold means that a victim only needs to demonstrate that their account of events is more likely than not true. This standard allows victims to potentially receive restitution even if the perpetrator is not found criminally liable, providing a broader scope for justice for sexual assault cases in many instances.
Hope And Healing For Those Who Have Suffered Sexual Abuse
In some cases, survivors of sexual assault may feel uncomfortable coming forward. If you or someone you know has been a victim of sexual abuse by a perpetrator or any other person in a position of authority, please know that we are ready to listen and help you understand your legal options. As your sexual abuse lawyer, we hope to assist you in obtaining the justice you deserve and the medical attention you require to recover from the harm done to your body, mind, and spirit, by those who sexually abused you.
We offer free and confidential consultations regarding your potential case. There is no obligation to hire us, but we wish to inform you of your rights and legal options. You can contact us online or by calling us at (505) 883-7877. Our experienced team is ready to fight and provide justice for you.