Sexual assault, also known as sexual battery in the context of a civil claim, refers to any non-consensual sexual activity. Consent is a mutually understood, active process between adults. Consent can be revoked at any time during the sexual encounter. If someone engages in unwanted sexual activity with another person, they have committed sexual assault.
Often, the perpetrators of sexual assault use threats, intimidation, or physical violence to force another person to engage in non-consensual activity. These non-consensual activities may include attempted or completed rape, grabbing, unwanted touching, forced kissing, harrassment, and other reprehensible actions towards another person. In the overwhelming majority of cases, the victims of sexual assault are women. However, regardless of gender, anyone can and may be the victim of sexual assault.
Survivors of sexual assault have the right o pursue civil or criminal charges against their assaulter. In Madawaska County, there is no statute of limitations on sexual assault claims. That means there is no time limitations on sexual assault cases. Even if your assault took place years in the past, you still have the right to pursue justice. There is no time limit on sexual assault cases.
There are a few key differences between civil and criminal charges. In criminal proceedings, the burden of proof is much higher. In these circumstances, a sexual assault survivor must be able to prove beyond a reasonable doubt that their abuser committed assault. If they are able to provide irrefutable proof that the perpetrator assaulted them, the abuser may be required to serve time in jail. However, in criminal proceedings, victims of sexual assault are not able to recover financial compensation for financial losses they have sustained as a result of their abuse.
In a civil claim, the burden of proof is significantly lower. During civil litigation, the assailant’s guilt will be determined by weighing a balance of probabilities. Additionally, if their abuser is found guilty, they may be required to reimburse their victim for damages they have incurred or will incur in the future because of their assault. These damages may be economic or non-economic in nature.
Economic damages are easily calculable expenses incurred by assault victims as a result of their trauma. Assault survivors are often forced to go to great expense to try coping with the after-effects of abuse. Examples of economic damages Madawaska County survivors of sexual assault may be able to recover through civil action include:
- Psychiatric treatment
- Psychological counselling
- Prescription medication
- Mileage for medical appointments
- Lost wages
- Reduced earning capability
- And possibly more
Depending on the circumstances of your case, by filing a civil claim against the person who perpetrated your assault, you may be able to recover non-economic damages in addition to the financial compensation for economic damages you have sustained. Non-economic damages are intended to quantify the emotional toll your assault has taken on your overall quality of life. By working with our sexual assault lawyers serving Madawaska County, you may be able to recover financial compensation for the non-economic damages you incurred because of your assault. These damages may include pain and suffering, emotional distress, and possibly more.
To learn more about how our Madawaska County sexual assault lawyers may be able to help bring your abuser to justice, book a free, initial consultation with Preszler Injury Lawyers today.
Free Consultation for Madawaska County Residents – We Don’t Get Paid Unless We Win
Our sexual assault lawyers serving Madawaska County have a history of fighting on behalf of survivors of sexual assault, and bringing the perpetrators of this reprehensible crime to justice. No one should be forced to endure psychological and emotional pain because of a criminal’s actions. That is why Preszler Injury Lawyers work tirelessly on behalf of members of the local community, providing critical assistance and advice to those in pursuit of accountability and restitution.
Our compassionate Madawaska County sexual assault lawyers offer a free, initial consultation to all prospective clients. To learn about options that may be available to you, book your no-obligation, cost-free initial meeting with Preszler Injury Lawyers today.