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Sexual Assault Info Center

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Frequently Asked Questions about Sexual Assault Personal Injury Claims

Q: What is sexual assault?

A: Although the specific definition of sexual assault varies by jurisdiction, it is generally described as sexual contact or behavior with a person who did not consent, usually by force or the threat of force.

Q: Whom can I sue for injuries arising from a sexual assault?

A: If you are the victim of a sexual assault, you may be able to seek compensation from the assailant. You may also be able to take legal action against the assailant's employer or another third party. Because the standard of proof for civil claims is lower than the "beyond a reasonable doubt" standard for criminal cases, an assailant could be found liable in civil court even if he or she was not found guilty of a crime.

According to the U.S. Department of Justice, 100 percent of reported rapes, 39 percent of attempted rapes and 17 percent of sexual assaults against females from 1992 through 2000 resulted in injured victims. If you have been the victim of sexual assault, contact an attorney who specializes in personal injury resulting from sexual assault to review your options and determine whether any compensation is available to you.

For more than 30 years, Hartley Hampton has stood up for the rights of his clients. He understands the courage that goes into coming forward as a childhood victim of sexual assault. He will stand by your side to see that justice is served and that no other child will ever be victimized by those who victimized you.

Sexual Assault Personal Injury - An Overview

Sexual assault is generally defined as sexual activity carried out forcibly or under threat of injury and against the victim's will. Legally, sexual assault involves not only a crime, but also may give rise to a civil claim against the perpetrator. This means that the victim of the assault may be able to sue the perpetrator for compensation for the victim's injuries. In addition, the victim may have a case against a third party whose negligence made the assault possible. If you, your child or another loved one has been sexually assaulted, do not hesitate to seek legal counsel from an experienced attorney at Hartley Hampton, P.C. in Houston, Texas, to protect your interests.

If a victim suffers physical, emotional or financial injury arising out of a sexual assault, he or she may have several options for bringing legal claims against the assailant. In addition to a claim of assault, an action against the perpetrator may include battery, false imprisonment, intentional infliction of emotional distress, stalking or negligent transmission of a sexually transmitted disease. Although the matter could end up in court, the victim may try to negotiate a settlement out of court before the trial. Unlike in some criminal cases, the decision to begin a civil lawsuit is the victim's choice.

Workplace Sexual Assault

A victim of workplace sexual assault may be able to file a claim against his or her employer. Depending on the circumstances, one or more types of legal actions may be appropriate. For example, the employer may be liable for creating unsafe or dangerous conditions by failing to use adequate lighting or maintain locks or security systems. The employer also may be liable for creating or permitting a hostile work environment. If you or someone close to you has suffered a workplace sexual assault, an attorney can help you determine how to proceed under state and federal laws.

Sexual Assault of a Minor

The sexual assault of a child is an especially heinous act. As a parent, you may wonder about your legal options against the abuser and anyone who allowed the abuse to occur. In many cases, the law provides avenues for recovery against these parties. If your child has been sexually assaulted, contact an attorney to discuss your legal options.

Victims' Financial Concerns

In addition to the emotional stress that a sexual assault causes, financial problems also may result. This is one reason that taking legal action to recover compensation can be a positive step. If you have been sexually assaulted and feel overwhelmed by financial worries, contact an attorney to help you seek compensation for your losses.

What To Do If You Are a Sexual Assault Survivor

If you have experienced a sexual assault, you understand the trauma it can involve. Surviving the ordeal is only the first step in dealing with long-lasting emotional effects. There are, however, many ways to work through the recovery process. If you have been the victim of sexual assault, read on to learn how you can protect your rights from the beginning so that the legal process has a better chance of success. If you or a loved one has been the victim of a sexual assault, preserve all evidence, call the police, get immediate medical attention and contact an attorney as soon as possible.

Links for Sexual Assault Personal Injury Claims

Sexual Assault
WomensHealth.gov offers advice on what to do in case of sexual assault and links to resources on the topic.

Office on Violence against Women
OVW, as part of the US Department of Justice, is committed to protection and justice for women who are victims of violence, including sexual assault.

MedlinePlus: Rape
This Web site gives information on how to deal with sexual assault and links to numerous articles and resources.

Men and Sexual Trauma
The US Department of Veterans Affairs provides information about the impact sexual assault can have on men.

National Sexual Violence Resource Center
NSVRC offers information, statistics and resources on sexual violence.