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Sexual assault and abuse cases are all too common in America. Millions of victims discover that the criminal justice system is designed to punish the defendant, but does little to nothing for victims of sexual violence. It is simply not set up to provide the victim with the care needed to rebuild their lives following the victimization.
Victims of sexual abuse are not without some recourse. While nothing will give a person that has been sexually abused their life before, civil courts are often helpful in helping victims recover, which may afford them the opportunity to get medical treatment needed to begin or continue that process.
If you have been sexually abused in Raleigh, do not delay in contacting a compassionate sexual abuse attorney. A Raleigh sexual abuse attorney can help you recover and obtain justice.
In criminal court, sexual abuse will give way to numerous charges that are punishable with fines, incarceration, and, perhaps, probation. In civil court, the sexual abuse suffered can lead to the lawsuit, but the claim, or cause of action, is not rape or sexual battery. The cause of action in civil court could be intentional infliction of emotional distress, assault, or another intentional tort.
In general, intentional torts are acts that a party intended to commit, which resulted in another person’s harm. When it occurs, the victim would most likely have a basis for arguing that the other party’s actions were intended, which is a legal basis for filing a Raleigh sexual abuse lawsuit in civil court.
A person that commits an intentional tort cannot limit their liability based on the extent of the injury the victim suffers. As such, if a person is sexually assaulted and dies as a result of the shock associated with the attack, the attacker’s lack of intent to cause death is irrelevant as long as the victim’s family can prove that the attacker intended to sexually assault the victim.
People and entities that are not directly responsible for a sexual assault may also be liable to the victim, under some circumstances. Causes of action can include negligent hiring or negligent supervision, among others. Employers are responsible for complying with their own policies and required regulations of the field, which may include completing background checks.
People that work with vulnerable populations, such as elderly people and children, are required by federal and/or state regulations to submit to background checks. In most cases, those checks are prior to hiring and annually thereafter. A third party’s liability in a civil case related to sexual abuse typically stems from a failure to comply with a federal or state regulation, but is not limited to those circumstances.
It does, however, mean that a daycare facility that hires childcare workers without completing background checks would likely be civilly liable if a child in the facility’s care becomes the victim of a child predator that has been convicted of such crimes in the past.
While no one can truly understand what another person feels after facing tragedy, compassionate and empathetic sexual abuse lawyers in Raleigh have experience successfully handling similar cases.
Accordingly, they can prepare you for what is likely to occur after you decide to file a civil lawsuit against your abuser or another responsible party and work to ensure that your concerns and interests are clearly communicated.