Kansas City sexual assault victim during civil suitAccording to Rape, Abuse & Incest National Network (RAINN), there is a sexual assault every 68 seconds in the U.S., and each year, more than 400,000 people over the age of 12 are victims of rape or sexual assault. Over 70% of rapes are committed by an acquaintance or the victim’s current or former spouse, girlfriend, or boyfriend. 

The skilled sexual assault attorneys at Peterson Law Firm know that victims are often reluctant to accuse their assailants, and only 25 out of 1,000 assailants will go to jail for their crimes. But despite these numbers, our Kansas City attorneys also know the benefits of filing a civil lawsuit against the assailant. While a sexual assault can be emotionally and physically traumatizing, filing a civil lawsuit can be an empowering step in your journey to seek justice.

At Peterson Law Firm, we understand the type of courage it takes to tell your story, especially when you’re confused about who to ask for help. It’s true that the criminal justice system can hold an assailant accountable for what they did to you, but the outcome of a criminal trial can’t address your needs as a survivor. Here, we answer some of your questions about the civil litigation process and discuss why filing a civil case against your assailant can help bring some closure, financial support, and healing after a sexual assault.

Criminal vs. Civil Sexual Assault Cases

Many sexual assault survivors ask us to explain the difference between a criminal case and civil lawsuit for sexual assault. Here is some general information you need to know:

  • In a criminal case, the state prosecutes the assailant for violating the law. The goal is to prove that the assailant is guilty beyond a reasonable doubt and to impose punishment, such as imprisonment or fines. Your role as the survivor is as a witness, and you have no control over what happens during the criminal proceedings.  
  • In a civil lawsuit, the survivor brings the case directly against the assailant. The burden of proof is lower than in a criminal case, and the survivor needs only show that “it's more likely than not” that the assault occurred. The goal of a civil case is to hold the assailant financially accountable for the harm they caused and to secure compensation for the survivor's losses.

It's important to know that your civil lawsuit can occur simultaneously with the criminal case. The outcome of one does not necessarily affect the other. Even if your assailant isn’t convicted in a criminal court, you may still win your civil case.

Time Limits for Filing a Civil Sexual Assault Claim in Missouri

Another question our clients ask us is how long they have to file a claim against the assailant. So, it’s important to be aware of the statute of limitations (SOL) for filing a civil sexual assault lawsuit. In Missouri, the general SOL for personal injury claims is five years from the date of the incident. However, there are some important exceptions for sexual assault cases:

  • Childhood sexual abuse. If you were assaulted before the age of 18, you have until age 27 or three years from the date you discovered the abuse (whichever is later) to file a lawsuit.
  • Repressed memories. If you have repressed memories of the assault, the statute of limitations may be extended to three years from the date you remembered the abuse.
  • Concealment. If the assailant took active steps to conceal the assault, the statute of limitations may be extended to three years from the date you discovered or reasonably should have discovered the abuse.

If you fail to file within the allowed time frame, your case may be dismissed. That’s why it’s important to obtain legal representation with the attorneys at Peterson Law Firm right away to help protect your rights.

Potential Damages in a Sexual Assault Civil Lawsuit

Our clients often wonder about the possible compensation they can expect if they file a civil lawsuit for sexual assault. You may be able to recover for some of the following damages:

  • Medical expenses. You may be able to recover all costs related to treating your physical and psychological injuries that result from the assault. These can include hospital bills, therapy costs, and possible future medical expenses.
  • Lost wages. If the trauma of the assault caused you to miss work or lose your job, you may be entitled to recover the income you lost as a result.
  • Pain and suffering. This includes financial support for the physical pain and emotional distress you experienced due to the assault. It can include conditions such as anxiety, depression, post-traumatic stress disorder (PTSD), and loss of enjoyment of life.
  • Punitive damages. It’s possible that in some cases, the court may award additional damages to punish the assailant for particularly egregious conduct and to deter others from engaging in similar behavior.

Our experienced sexual assault attorneys can help you assess the full extent of your damages and help build a strong case to maximize your recovery.

Proving Liability in a Sexual Assault Civil Lawsuit

Our attorneys understand that coming forward with your story can be overwhelming and potentially re-traumatizing. That’s why our clients often ask us what they have to do to prove liability in their civil cases. To win a civil sexual assault case, you must prove that the defendant is liable for your injuries. This typically involves establishing the following elements:

  1. Duty of care. The defendant had a duty not to harm you. This is generally presumed in sexual assault cases.
  2. Breach of duty. The defendant breached their duty by engaging in sexual contact without your consent.
  3. Causation. The defendant's actions directly caused your injuries. You must show that you would not have suffered harm if not for the assault.
  4. Damages. You suffered actual damages, such as medical bills, lost wages, or emotional distress, as a result of the assault.

To prove these elements, our attorneys gather evidence, such as medical records, witness statements, and expert testimony. We understand the specific types of evidence needed to build a compelling case and present the strongest possible argument on your behalf.

Why Obtain an Attorney for Your Sexual Assault Civil Lawsuit

During an initial consultation with a potential client, we’re often asked why they should hire us and about the benefits of having legal representation. We explain that pursuing a civil sexual assault claim can be complicated, and the process can be emotionally challenging. Working with attorneys who are experienced in these cases can make a significant difference in the outcome of your case. Our attorneys can:

  • Provide emotional support. Our attorneys will be your advocate. We know how to navigate the legal system while keeping your best interests and emotional well-being in mind.   
  • Investigate your case. Our attorneys will gather evidence, interview witnesses, and consult with experts to build a strong case on your behalf.
  • Handle legal procedures. Our attorneys will draft and file all necessary documents, ensure deadlines are met, and represent you in court appearances.
  • Negotiate with the defendant. In some cases, it may be possible to reach a settlement without going to trial. Our attorneys can handle these negotiations and fight for a fair resolution.
  • Advocate for your rights. Our attorneys will be your voice in the legal process, helping to ensure that your story is heard and that your rights are protected every step of the way.

Let Peterson Law Firm Be Your Trusted Counsel

The attorneys at Peterson Law Firm have represented many sexual assault survivors in civil lawsuits. We understand the unique challenges these cases present, and we are committed to providing the compassionate, skilled representation you deserve.

If you have experienced sexual assault, we encourage you to reach out to our law office for a confidential consultation. Together, we can explore your legal options and take the first steps towards holding your assailant accountable and securing the justice and compensation you deserve. Remember, you are not alone, and you have the power to take control of your healing journey. Read our case results to learn how we’ve helped other sexual assault survivors.

We’re Here to Help Victims of Sexual Assault Get the Support They Need to Move Forward

If you or someone you know has been the victim of sexual assault, it’s important to get help. Our experienced Kansas City sexual assault attorneys can provide invaluable legal advice and guidance on how to pursue a civil case. Don’t wait any longer—contact Peterson & Associates, P.C. today to see if pursuing a civil case is the right decision for you.