As a sexual assault attorney in Atlanta, I have seen firsthand the devastating effects of sexual abuse and assault on survivors. Not only does it cause physical trauma, but it also inflicts emotional distress that can last a lifetime. Many survivors wonder if they can sue for emotional distress in a sexual abuse case, and the answer is yes. When an intimate partner or spouse discovers they have contracted a sexually transmitted disease from the perpetrator, they may have legal claims based on assault, negligence, intentional infliction of emotional distress, or fraud. These cases are tried in civil court, independent of any criminal proceedings.
Our team of experienced attorneys at XYZ Law Firm can provide guidance and support for survivors seeking justice and compensation for the damages caused by sexual abuse. If you are a survivor of sexual abuse, you have the right to file a personal injury lawsuit against the perpetrator and other third parties involved. This includes situations where the defendant exceeded the limits of what was consented to, such as not using a condom when explicitly told to do so. Even if no criminal charges are brought against the defendant, a sexual abuse case can still be tried in civil court. It's important to note that not only the victim themselves can sue for emotional distress, but also someone close to them who was affected by the intentional attack. In cases where it is alleged that the perpetrator intentionally inflicted emotional distress, the question of whether it is atrocious and goes beyond the bounds of decency is often straightforward. If you were an adult at the time of the sexual assault, you have two years from the date of the assault to file a lawsuit for damages in civil court.
This statute of limitations may vary depending on your state or judge, so it's crucial to seek legal advice as soon as possible. For example, if your boss follows you to the bathroom and opens the door of your office, he may be sued for assault even if he never touches you. The success of your claim for emotional distress in a sexual abuse case heavily relies on the dedication and experience of your attorney. While the rules about what evidence will be allowed in court may vary, any reliable evidence supporting your claim must be presented. Organizations like the National Rape and Incest Network (RAINN) offer valuable advice on what to do if you suspect that a child is being harmed by illegal sexual contact. It's alarming to know that many victims of sexual abuse do not report the crime.
According to research published in the journal Child Abuse and Neglect, 63% of sexual assaults go unreported to the police, and a staggering 88% of child sexual abuse goes unreported to the authorities. This statistic is likely an underestimate, as many survivors choose not to come forward.
