At Stewart Miller Simmons Trial Attorneys, we have won billions of dollars for sexual assault victims. Under Georgia law, you have a right to pursue a personal injury claim against anyone responsible for the assault, including property owners who failed to employ adequate security to protect you. However, these cases are legally challenging. Victims face many hurdles along their way to winning a case.
Let us help. Our Atlanta sexual assault lawyers have years of experience with these claims, and we can simplify everything for you. Our goal is to obtain justice—financial compensation for the assault and recognition that the defendant has been held accountable. Call us today to schedule a consultation.
Challenge #1: Obtaining Evidence to Prove the Assault
Your testimony about what happened is powerful evidence all on its own. We don’t want you to think otherwise. Nonetheless, it’s always helpful to back up your story that you were assaulted with other evidence, such as:
- Witnesses who saw you both before and after the assault;
- Physical evidence, such as hairs or semen;
- Text messages or emails between you and your assailant.
After an assault, many victims don’t want to leave the house. Obtaining evidence is tricky. We jump in and immediately begin investigating your case. We can interview witnesses, visit the scene of the attack, and search for other evidence. We move quickly, before memories fade or witnesses move away.
Challenge #2: Proving Lack of Consent
Sexual assault is anyone unwanted touching of a sexual nature, including:
- Rape
- Groping
- Fondling
- Humping
- Kissing
The key consideration is whether you consented to the touching. If you did, then you probably don’t have a case for sexual assault. Unfortunately, the defendant will almost always claim you consented, meaning you welcomed or initiated the contact. As the victim, you must come forward with some evidence that proves otherwise.
Sometimes, such as when the victim is too young, consent is legally impossible. However, adult victims need to show they didn’t welcome the contact or that they asked the assailant to stop.
Your own testimony counts as evidence. You can explain what happened and what you said or did. But we can also use other evidence, such as witnesses. Maybe you told someone about the assault soon after it happened. This evidence helps bolster your story. Let us review the evidence available.
Challenge #3: Filing a Lawsuit in a Timely Manner
Often, we can reach a settlement with the defendant, but a lawsuit is sometimes an inevitability, especially with sexual assault cases. You have certain deadlines you need to meet, which are found in the statute of limitations.
For example, if you are an adult victim, you must file a lawsuit within two years of the assault. If you wait too long, you will likely lose the ability to sue.
Child victims get much more time: you have until your 53rd birthday to file suit in court. Nonetheless, you should move as quickly as possible. Evidence can disappear if you wait decades.
We help clients by pulling together a case and file a complaint in the correct court. We will also serve notice on the defendant so they can respond to the charges.
Challenge #4: Obtaining Compensation from the Defendant
A sexual assault case seeks financial compensation from the defendant. That’s the goal of the civil system. You can’t send the defendant to jail in civil court. But forcing them to pay you compensation can bring a measure of justice and hold them accountable.
However, the defendant might not have any money. That’s a real challenge. Someone who is broke has no resources to pay a settlement or court judgment against them.
Our team can search for all available sources of compensation. As an example, you might have been assaulted at school, in a hotel, or while on a class trip. We might be able to add defendants, including:
- Whoever owned the property where the sexual assault happened. They owe visitors a duty of care. If they didn’t employ sufficient security measures, then they might be partially at fault for the assault and owe you compensation.
- A school or university. They have certain duties when it comes to protecting students. They might be legally liable for failing to protect you.
- The assailant’s employer. You might have been assaulted by someone who was working at the time. We could seek compensation from the employer for overlooking a person’s background or ignoring previous complaints of assault.
Let us gather as much evidence to see if someone else shares liability. Adding them as a defendant can increase the compensation you receive, even if the assailant is broke.
Challenge #5: Negotiating a Settlement
A confidential settlement is ideal. You can preserve your anonymity, and the defendant can avoid admitting fault. You also receive financial compensation faster with a settlement than if we need to march into court and file a lawsuit.
Unfortunately, settlement is difficult in sexual assault cases. Defendants often deny liability, and they don’t want to budge from their story. The good news? Our legal team has significant experience with litigation that we can put pressure on them to be reasonable in negotiations. If they still refuse, we might have no choice but to sue.
Challenge #6: Convincing a Jury that the Defendant Assaulted You
If we end up at trial, our goal is to convince a jury that you were assaulted. Some jurors might resist believing your story, depending on the identity of the defendant. For example, teachers, doctors, and priests often get the benefit of the doubt. Our job is to present the evidence in such a way that it’s obvious what happened.
Call Us to Schedule a Confidential Consultation
Stewart Miller Simmons Trial Attorneys can help anyone with a sexual assault case. We offer confidential consultations with an attorney to discuss what happened and when. We can also talk you through the civil claims process. We can’t send your rapist or assailant to jail if we win, but we can obtain fair compensation and a well-deserved sense of justice. Call today, (404) 529-3476.