Survivors of a sexual assault often experience overwhelming feelings of shame, embarrassment, guilt, anger, and depression. This emotional anguish far outlasts any physical wounds.
One way that a sexual assault victim can begin to heal is to hold their assailant accountable. That means pursuing two possible paths for a remedy: criminal and civil. With either one of those paths, you also have to consider the West Virginia statute of limitations for sexual assault.
It will help to seek out the counsel of an experienced sexual abuse lawyer who understands the complexities of the law and the kind of support that the victims of these crimes need to find some level of closure.
This is an attorney who would handle the civil complaint aspect of the crime.
As for the felony charges associated with the incident, they will be prosecuted by the West Virginia State District Attorney’s office. Your civil attorney can support that case by providing evidence and statements. They can also help you get ready to testify if needed.
Statute of Limitations for Sexual Assault
When it comes to criminal charges for sexual assault, there is no statute of limitations. However, if you plan to file a civil complaint related to that crime, West Virginia law allows two years to file a civil complaint if the incident happened to an adult.
If the incident happened to a minor, they have to file “within 18 years after reaching the age of majority, or within four years after the discovery of the sexual assault or sexual abuse, whichever is longer.”
Often, a civil complaint is filed when criminal charges are filed. However, you don’t have to wait for the outcome of the criminal trial in order to pursue your civil complaint. In fact, the outcome of criminal charges shouldn’t impact your civil complaint.
In other words, whether the assailant is found guilty should not matter. You are entitled to move forward.
Suing for Emotional Distress
A sexual assault, no matter the degree level, will have a lasting impact on the victim.
Although the medical bills might not be overwhelming, there’s still the emotional distress caused by the crime that the victim is entitled to be compensated for. That distress can show up in many forms and impact the victims’ work and personal lives. Here are some of the damages that can occur as a result of a sexual assault.
- Depression
- Flashbacks
- PTSD
- Shock
- Self-harm/suicide
- Dissociation
- Panic attacks
- Substance abuse
- Eating disorders
- Sleep disorders
These are conditions that are considered non-economic damages. The monetary amount of those damages depends on the severity of the trauma. This assessment can be worked out with the support of your attorney.
Who Can Be Held Accountable for Sexual Abuse?
The assailant who committed the sexual abuse crime is the primary person to be held accountable in a civil complaint.
However, they might not have the assets to provide fair compensation, and their actions could also be the result of negligence on the part of other entities or parties, which could fall under the category of premises liability.
Here are the potential parties you could name as defendants in your civil complaint:
Business Owners and Their Staff
If the assault occurred on a business property, such as a bar, nightclub, venue, parking lot, etc., the business owner and their staff could be liable if they did not take reasonable measures to protect the visitors to that property.
Landlords
A landlord must maintain a reasonable level of safety for their tenants. At a minimum, there should be secure locks on doors, windows, and any other access points. If there is a buzzer system to allow entry, it should be in working order. If those measures fail and an assault occurs, the landlord would be partially to blame.
Organizations
Parents often put their children in the care and trust of organizations such as schools, sports leagues, and churches. The administrators of those organizations are responsible for creating a safe environment for the children put in their care. That starts with implementing proper hiring practices.
Volunteers, coaches, teachers, and anyone with direct contact with the kids should all be thoroughly vetted. They should also be provided with proper training about what is acceptable in terms of interactions with minors.
If an incident of child sexual abuse occurs, it is vital to report it immediately and take the appropriate actions to make the child safe.
Getting the Support You Need
If you or someone in your family is the victim of a sexual assault, you don’t have to face it alone.
The team at Forbes Law Offices has a lot of experience providing support and guidance for clients who have gone through these horrible incidents. We can offer you information about the statute of limitations and all the options for pursuing a claim for compensation that you’re entitled to.
Our goal will always be to find a fair resolution to help with the healing process.
