Typically, it takes many months or even years for victims of sexual assault to come to terms with what they went through before they can recover and move forward with their lives. However, even then, the horrific and traumatic memories will never leave them. While nothing can change what happened, an Atlanta sexual assault lawyer at Marks Law Group can help right the wrongs by holding the liable parties accountable. You can also get financial compensation.
Sexual assault includes rape or any other non-consensual or unwanted touching of an individual’s intimate body parts. This includes oral sex, sexual intercourse, groping, or fondling without a person’s consent and intending to arouse sexual desire.
A sexual assault is a criminal offense that can result in jail time for attackers. In an aggravated instance or if the victim was underage, the victim can pursue and recover financial compensation from the perpetrator or other liable parties who negligently didn't prevent the attack. A knowledgeable Atlanta sexual assault victim injuries lawyer at Marks Law Group can offer support and legal counsel in the face of sexual assault's devastating physical and emotional effects. To schedule a free, no-obligation consultation, contact our personal injury law firm today at (678) 251-9309.
What Should You Do After a Sexual Assault or Rape in Georgia?
The immediate aftermath of a sexual assault or rape can be confusing and frightening. Your top priority should be to ensure you’re in a safe place. Contact a friend or family member you trust and let them know you need help. Seek medical treatment at the emergency department or hospital as soon as you can. For Georgia law to successfully prosecute a perpetrator, don't delay seeking medical attention because physical evidence is crucial in proving the assault.
Often, and for many reasons, rape victims don’t seek legal counsel. That's they often feel that no one will believe what they say or that the perpetrator will get off easily. They feel embarrassment and shame about what happened, despite being the victim. It’s essential to understand that the only person who should feel embarrassment and shame is the attacker. A skilled Atlanta personal injury attorney can help protect your legal rights as a victim as you focus on recovering emotionally and physically.
What are the Common Types of Sexual Assault Civil Claims in Atlanta?
A sexual assault claim is an intentional tort. As a sexual assault victim, you can pursue any of the following civil actions:
- False imprisonment;
- Battery and assault;
- Intentional infliction of emotional distress; and
- Negligent infliction of emotional distress
Unlike with criminal allegations, where the state must prove the offender guilty beyond a reasonable doubt, in a civil claim, your burden of proof is much lower. The usual civil standard is proof by a prevalence of the evidence, or that it's “more likely than not” that the offender sexually assaulted you and caused your bodily injuries.
What is the Time Limitation For Filing a Sexual Assault Claim in Georgia?
In Georgia, a sexual assault victim has two years from the day of the sexual assault to file a sexual assault claim for monetary compensation. But if the attacker has been prosecuted in criminal court, then you have two years from the time the criminal prosecution ends, or 6 years have passed since the incident took place. However, don't hesitate to contact a skilled Decatur sexual assault lawyer if you were victimized in a sexual assault.
Know The Law: Georgia Statute of Limitations
Victims of sexual assault or molestation by nursing or hospital staff can file a claim against the facility that employed the staff members via vicarious liability, or by uncovering evidence of failure to investigate complaints or negligent hiring. Vicarious liability is a liability that arises from a supervisory relationship between two parties, such as between an employer and an employee.
Bringing claims against large institutions such as public schools, the church, hospitals, universities, or nursing homes may involve complex issues of liability and collection of evidence. If you hesitate in seeking legal representation from a skilled crime victim attorney, valuable evidence may be purposely destroyed or lost.
What Damages Can You Recover in Sexual Assault Claims?
Just like other personal injury claims, you're entitled to certain damages, including:
- Past and future medical costs;
- Past and future expenses for psychological counseling
- Compensation for emotional distress;
- Past and future lost income; and
- Punitive damages.
At Marks Law Group, our legal team will also fight to recover monetary damages for anxiety, post-traumatic stress disorder (PTSD), and depression–common mental injuries caused by sex crimes.
What Injuries Do Victims of Sexual Assault Suffer?
Often, victims of sexual assault sustain wide a range of injuries–both emotional and physical injuries. At Marks Law Group, our experienced crime victim attorneys are prepared to fight for the maximum compensation you deserve.
Some common bodily injuries victims of sexual assault suffer may include:
- Concussions
- Traumatic brain injuries
- Cuts and lacerations
- Broken bones
- Soft tissue damage
- Head and neck injuries
- Spinal cord injuries
- Facial injuries
- Eye injuries
- Sexually transmitted diseases
- Back injuries
- Unwanted pregnancies
- Emotional injuries
Also, a victim of sexual assault may have to undergo months or even years of counseling for anxiety and depression. PTSD is common because victims of sexual assault experience nightmares, flashbacks, and feel they must be on guard constantly. Other disorders crimes victims experience include obsessive-compulsive disorders, eating disorders, and generalized anxiety disorders. Victims of sexual abuse or rape may find that can't sustain intimate relationships with other people. Also, scaring from a knife or other weapons may have caused permanent disfigurement.
Hire a Reputable Atlanta Sexual Assault Victim Injuries Attorney
After a sexual assault, speak with a skilled Atlanta injury attorney who recognizes that cases of violent crimes must be treated with compassion and recognition of the horrific ordeal you have experienced while also aggressively pursuing all the responsible parties so that you can recover fair compensation. At Marks Law Group, we'll stand by to help you. Call our Decatur sexual assault today at (678) 251-9309 for a free case review.