A sexual assault is a violent crime with repercussions that can last a lifetime. The West Virginia Foundation for Rape Information (FRIS) presents tragic statistics that girls aged 16 to 19 are four times more likely to be victims of rape and “that 1 in 6 adult women will be the victim of an attempted or completed forcible rape in their lifetimes.” A small measure of comfort can be found in the fact that the victims of these assaults have options to pursue damages against their assailants. Many question if you can sue for sexual assault without a police report.
Understanding the Crime of Sexual Assault
The West Virginia Legislature has designated three degrees of sexual assault. Those degrees can include any assault, from groping to rape. One element that all of those degree levels have in common is the lack of consent. This is how the law is written:
“That the sexual act was committed without the consent of the victim. Lack of consent results from: (1) Forcible compulsion; (2) Incapacity to consent; or (3) If the offense charged is sexual abuse, any circumstances in addition to the forcible compulsion or incapacity to consent in which the victim does not expressly or impliedly acquiesce in the actor’s conduct. A person is deemed incapable of consent when such person is: (1) Less than sixteen years old; (2) Mentally defective; (3) Mentally incapacitated; (4) Physically helpless; or (5) Subject to incarceration.”
These are the standards that the authorities use to investigate, charge, and prosecute the crime of sexual assault. However, any victim of a sexual assault can file a civil lawsuit for damages whether criminal charges are filed or not.
Holding Abusers Accountable
If a victim of sexual assault wants to hold their abuser accountable, they first have to consider the statute of limitations for these crimes. While there is no time limitation for filing a criminal charge, there are restrictions on when you can file the lawsuit.
According to West Virginia law, if the assault took place when the victim was under the age of 18, they have until they turn 36 to file a personal injury lawsuit. If the victim of the assault was over the age of 18, then the two-year statute of limitations for a personal injury lawsuit applies.
If you proceed with a civil lawsuit, you will likely have to testify in court. Although court proceedings are considered public, in sexual assault cases, you would be allowed to use your initials to shield your identity.
In addition to your testimony, you can support your case by providing medical records, including physical treatment and therapy for emotional issues. You can also offer up corroborating witness testimony.
Damages To Seek
There are also three levels of damages that you can seek. These damages are the following:
Economic
Your economic damages can include paying your medical bills, therapy, or any property damage associated with the assault. You can also file for lost wages if you are unable to work because of the assault.
Noneconomic
Noneconomic can provide a remedy for your pain and suffering. Unlike a specific bill, pain and suffering can’t be quantified. There is no chart that assigns a value to mental anguish, emotional distress, depression, or loss of quality of life. You would have to discuss these issues with your attorney to decide the number that works best for your circumstances.
Punitive
Punitive damages are a way to directly punish the alleged assailant. As with the pain and suffering number, there is no specific number that goes under punitive damages. To come up with this amount, you will need to consider the extent of your injuries and the heinous nature of the assault.
Proving pain and suffering requires a high burden of proof, which is another reason why your testimony is so important.
Making the Case
Forbes Law Offices appreciates how sensitive and emotionally charged claims of sexual assault can be. We have experience handling these lawsuits and understand what is needed to achieve a successful outcome. In addition to suing the alleged assailant, a third party might be found to be negligent.
For instance, with child victims a school, church, or other organization that did not provide adequate supervision or failed to respond to past reports of abuse could be held liable. As an adult, a property manager who did not provide reasonable security in a building that allowed an assailant access to commit the crime could also be found liable.
These are all the issues that we can discuss in our first free consultation. It will be completely discreet and confidential. Call to schedule that talk today.
