What Are Common Types of Sexual Assault Lawsuits?

Sexual assault incidences are on the rise, and the statistics are worrisome. While this vice’s consequences negatively impact the victim’s life, sometimes forever, the prosecution does not offer them compensation even after a successful conviction in a criminal suit. 

However, there are options available on the table which victims can explore.

What Is the Legal Definition of a Sexual Assault?

The definition of sexual assault varies with individual states, but a common point is the lack of consent from either party. It is a criminal act which warrants criminal proceedings against the perpetrator, and the offense carries hefty sentences across all states.

Types of Sexual Assault Lawsuits

When one is charged in a sexual assault suit, the case can be tried in a criminal or civil court under the laws that fall under the Michigan age of consent. Let us have a look at these common types of lawsuits:

Criminal Sexual Assault Lawsuit

The state initiates criminal sexual assault lawsuits, and the victim appears only as a prosecution witness in the case. Since a witness cannot interfere with court proceedings, victims are not involved in any settlement discussions between the prosecution and the accused. 

Moreso, it is presumed that the accused is innocent until proven guilty, and the burden of proof lies entirely on the prosecution to prove their case beyond a reasonable doubt.

However, if the accused is found guilty, the court can order the defendant to pay restitution to the victim as part of their sentence. Restitution, as part of the sentence, is a requirement in most states. It covers the victims’ losses, including medical expenses, loss of income, and pecuniary or property losses incurred. The amount is arrived at after the court considers the losses suffered by the victim and other legal elements of the case.

If the defendant has no money to honor the restitutions, some compensation programs run by the government can come into play. 

Civil Sexual Assault Lawsuit

Unlike criminal proceedings, a civil sexual assault lawsuit is instigated by the victim, usually with legal representation. In this instance, the accuser does not sue for sexual assault; instead, they sue for charges such as battery, assault, or unlawful imprisonment. 

The burden of proof is lower in a civil suit, and the accuser determines the lawsuit’s direction. Through their attorney, the victim presents evidence of the losses incurred and the compensation sought.

Keep in mind that a victim can file a civil sexual assault suit even if the defendant has been found innocent in a criminal court. In most instances, a guilty verdict in a criminal case almost means culpability in a civil suit, although there are exceptions.

If the judge confirms the accused’s liability in a civil sexual lawsuit, the court may direct that they pay the victim’s damages arising from the assault. In addition to the accused, a civil sexual assault may involve third parties where the incidence occurred. 

For instance, if the assault happened in an institution, the entity may be enjoined in the case to answer to negligence that contributed to the assault as well as failure to provide adequate security. 

Statute of Limitations in a Civil Sexual Assault Lawsuit

A bottleneck in filing such a suit is the statute of limitations. That’s why it’s crucial to get in touch with an attorney as soon as possible after the fact. 

The statute of limitations dictates the time frame within which the victim of a sexual assault may file for damages from the perpetrator. Talk to your lawyer to understand how it all works out and how individual state laws will affect your case.