Victims of sexual assault deserve justice. Unfortunately, justice doesn’t always happen. Many victims hesitate to seek legal assistance. If you want to take action against your abuser, you should work with a sexual assault attorney in Atlanta.
Stewart Miller Simmons Trial Attorneys knows the many challenges that come with sexual assault cases. We want to find justice for sexual assault victims, and we’ll work tirelessly to get results.
What is Sexual Assault?
According to Georgia laws, sexual assault involves a variety of acts. The common ground is that the acts are all non-consensual. It can involve non-consensual sexual acts or non-consensual touching.
Here are some common types of sexual assault:
- Fondling
- Unwanted touching
- Groping
- Rape
- Penetration
- Child enticing
Why Should You Take Legal Action?
Although sexual assault is a physical act, it’s also a psychological act. While the injuries to a victim’s body might heal, the injuries to the mind are often long-lasting. It can affect their relationships with their family and friends. The trauma to the mind is what makes it so difficult for victims to seek justice.
It takes a great deal of courage to take legal action against an assailant. However, it can come with great rewards. For one, you can prevent the offender from committing more crimes or the same crime again. You can also hold them responsible for their actions. These two actions can help you and others gain the confidence to take legal action against their assailants, gradually taking more criminals off the streets.
There’s also the issue of financial compensation. In an effort to overcome the trauma of your incident, you might need to take time off of work. You also might find yourself in need of costly therapy and medications. By filing a personal injury claim against your assailant, you can receive money to cover your expenses.
Although compensation can’t take away your memories, it can help you recover. It gives you the financial means to start overcoming the horrible events you experienced.
How to Take Legal Action
There are two basic ways to take legal action against someone guilty of sexual abuse. First, you can file criminal charges. If there is enough evidence supporting your testimony, a court could hold the assailant responsible. They could issue a penalty that includes a fine and jail time.
However, criminal cases have a high burden of proof. In many sexual assault cases, there isn’t much evidence to uphold that burden of proof. As a result, perpetrators can be found not guilty. They could face no jail time.
That’s where the second type of legal action can come into play. In addition to filing criminal charges against the assailant, you can also file civil charges. You could file a personal injury claim, which allows you to recover damages for the incident.
Personal Injury Claims for Sexual Assault
Civil cases don’t have the same high burden of proof as criminal cases. Therefore, you might have better luck with a civil case. It could be the best chance at getting justice.
Your personal injury claim cannot result in jail time. However, it can result in compensation. The court could award you with money for your pain and suffering, medical bills, and other expenses. Because the burden of proof is less, you are more likely to get a favorable outcome. Whether or not criminal charges are successful, you can file a civil claim.
In some cases, you can hold someone other than the assailant responsible for the assault. For instance, one woman sued an Atlanta nightclub for her sexual assault. She claimed that the club did not have adequate security, which was the reason for her assault. In her case, and many others, negligence contributes to the assault. No matter who is to blame, you deserve justice.
Settlement
Many sexual assault civil cases are resolved out of the court system. This is due to the fact that few perpetrators want to deal with the public nature of a trial. Instead, they would rather settle things out of court.
A settlement is an easy way for you to bring your legal action to a close. If you and your sexual assault lawyer in Atlanta agree to take a settlement, you don’t need to go through with a court appearance. However, if you and your attorney feel that a settlement cannot be met outside of the court room, we are prepared to appear in court to defend your rights.
Working with a Sexual Assault Attorney in Atlanta
If you are a victim of sexual assault, you should understand all of your options. While it can be very difficult to bring these struggles to light, the rewards of doing so can be very positive. By contacting our firm, you can find out what you can do to seek justice. We are here to help you.
Contact Stewart Miller Simmons Trial Attorneys today to receive more information on your legal recourse.