Legal Guidance for Sexual Assault Survivors: Protecting Your Rights

Individuals who have been sexually assaulted are often trying to get through each day. They want justice but they also want to forget the assault ever happened. Sadly, they cannot go back in time, but they can fight to ensure the perpetrator is held accountable. Doing so may seem insurmountable because the legal system is complex and confusing. Each victim must be aware of their legal options so they can protect their rights and hold the person or persons responsible for their crimes accountable.

Understanding the Legal Options

When another party victimizes a person, they often want to know the average jail sentence for sexual assault. The primary concern is to ensure that the incident is not repeated and that the perpetrator cannot harm others similarly. However, criminal proceedings are only one way the person or persons can be held accountable.

When a victim alerts law enforcement to a sexual assault, an official record is created. The authorities then pursue charges against the responsible individual. Criminal proceedings are used to establish that the victim was harmed and to hold the perpetrator accountable for their actions. Victims may be allowed to provide an impact statement during the sentencing phase and to share how the assault has affected them. A conviction in criminal court may help the victim if they choose to pursue civil litigation.

A victim might seek monetary damages for the harm they have sustained at the hands of the perpetrator. An attorney will help the victim determine if they should seek compensation for intentional infliction of emotional distress or other damages. The victim might request compensation for any medical treatment they received, lost wages due to time missed from work following the assault, therapy, and punitive damages.

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Steps Sexual Assault Victims Need to Take

Immediately following the assault, a victim must prioritize their safety and well-being. They need to seek medical attention to be treated and document the assault.  The victim should also seek help from a mental health professional trained in dealing with sexual assault. Advocacy organizations may be able to provide names of professionals who specialize in this area. Furthermore, the victim should have a plan in place if they come into contact with the perpetrator while waiting for their case to be resolved.

Victims need to document everything to strengthen their legal case. They should write an account of the assault and keep all medical records related to the attack. If any person was a witness to the incident, gather their name and contact information. Save any communications with the perpetrator and request a copy of the official police report and any other reports related to the incident. For example, if the assault happened at work, file a report with human resources and request a copy. Keep a detailed accounting of how the assault has impacted everyday life, as this information is helpful when crafting the victim impact statement and pursuing civil litigation.

Every victim must be aware of time limitations related to the case. An attorney can ensure all deadlines are met. They work with victims to ensure all legal options are explored, evidence is preserved, and the victim’s rights are protected. They guide the victim through every step of the process so they never feel alone.

Many people hesitate to report a sexual assault to authorities because they don’t want others to know they have been victimized. However, doing so allows the person responsible to be held accountable for their actions. Work with an attorney who specializes in this area, as they can help the victim find resources that will support and encourage them as they move forward with the legal aspects of the case so they can get the justice they deserve.

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