If you or someone you know has experienced sexual assault in Nevada, you may be wondering about your legal options. Sexual assault is a traumatic experience that can have long-lasting effects on the victim’s physical, emotional, and mental well-being. In addition to pursuing criminal charges against the perpetrator, victims of sexual assault may also have the option to file a civil lawsuit seeking compensation for damages incurred.
What is Considered Sexual Assault?
Sexual assault encompasses a broad range of non-consensual sexual acts that violate a person’s autonomy and dignity. In Nevada, as in most jurisdictions, sexual assault is defined by law and can include various forms of unwanted sexual contact or activity. Here are some actions that are considered sexual assault under Nevada law:
Forced Sexual Penetration: Any form of penetration (vaginal, anal, or oral) without consent.
Sexual Contact Without Consent: Unwanted touching of intimate body parts for sexual gratification.
Attempted Sexual Assault: Trying to engage in non-consensual sexual activity.
Coerced Sexual Activity: Sexual acts that occur under duress, coercion, or threats.
Sexual Assault by Fraud: Deceiving someone into sexual activity through lies or misrepresentation.
Sexual Assault of Minors: Child sexual abuse or any sexual activity with individuals under the age of consent.
Sexual Assault While Incapacitated: Sexual activity with someone unable to consent due to intoxication or unconsciousness.
What Steps Should I Take If I Am a Victim of Sexual Assault?
If you’ve been sexually assaulted, your priority should be your safety and well-being. Here are the crucial steps to take:
Seek Medical Attention: It’s crucial to seek medical care immediately. Even if you don’t have visible injuries, a healthcare professional can address any potential internal injuries and provide necessary treatment. Additionally, they can collect evidence that may be crucial for legal proceedings.
Preserve Evidence: Do not shower, bathe, brush your teeth, or change clothes before seeking medical care, as these actions can destroy valuable evidence. Preserve any physical evidence, such as clothing or bedding.
Report the Assault: Report the assault to law enforcement as soon as possible. They can initiate an investigation, gather evidence, and provide you with resources and support.
Seek Support: Reach out to trusted friends, family, or a counselor for emotional support. You’re not alone, and there are people who can help you through this difficult time.
How Do I Preserve DNA Evidence From Sexual Assault?
Preserving DNA evidence is crucial for building a strong case against the perpetrator. Here’s what you can do:
Avoid Bathing or Showering: Refrain from washing yourself or changing clothes, as this can wash away DNA evidence.
Handle Clothing Carefully: If possible, place the clothing worn during the assault in a paper bag to preserve any DNA evidence.
Seek Medical Attention: A healthcare professional can collect DNA evidence through a sexual assault forensic examination (SAFE) kit.
Document Injuries: Take photographs of any visible injuries sustained during the assault, as these can serve as evidence.
What Is Sexual Assault Under Nevada Law?
In Nevada, sexual assault is defined under Nevada Revised Statutes (NRS) Chapter 200.366. According to this statute, sexual assault occurs when there is non-consensual sexual penetration or contact. This includes situations where the victim is physically or mentally incapacitated and unable to give consent. It’s important to note that sexual abuse or assault can happen to anyone regardless of gender, age, or relationship to the perpetrator.
I Was Sexually Assaulted. Can I Sue the Perp?
Yes, you can sue the perpetrator of sexual assault in Nevada. A civil lawsuit allows victims to seek compensation for the harm they’ve suffered. By filing a civil suit, you can hold the perpetrator accountable for their actions and potentially receive financial compensation for damages such as medical expenses, therapy costs, lost wages, and pain and suffering.
Who Are the Perpetrators of Sexual Assault? Who Can I Hold Accountable?
Perpetrators of sexual assault can be anyone, regardless of their relationship to the victim. They may be:
Strangers
Acquaintances
Friends
Family members
Even intimate partners.
In some cases, institutions or organizations may also be held accountable for failing to prevent the assault or for enabling the perpetrator’s behavior.
How Can I Sue the Perpetrator?
To sue the perpetrator of sexual assault, you’ll need to take the following steps:
Consult with a Lawyer: Seek the advice of a qualified attorney who specializes in sexual assault cases. They can assess your case, explain your legal options, and guide you through the process.
File a Complaint: Your lawyer will help you draft and file a complaint in civil court, outlining the details of the assault and the damages you’re seeking.
Serve the Defendant: The defendant must be formally served with a copy of the complaint and a summons, notifying them of the lawsuit.
Gather Evidence: Your sexual abuse lawyer will gather evidence to support your case, including medical records, witness statements, and expert testimony.
Negotiate or Litigate: Your lawyer may attempt to negotiate a settlement with the defendant’s legal team. If a settlement cannot be reached, the case may proceed to trial.
What to Sue for Being Sexually Assaulted?
When deciding what to sue for after being sexually assaulted, there are several legal avenues to consider, depending on the circumstances of the assault and the damages incurred. Here’s a breakdown of potential claims:
Battery
Battery is the intentional and harmful or offensive touching of another person without their consent. In cases of sexual violence or assault, battery is often a central claim. You can sue for battery if you were subjected to unwanted physical contact, including sexual penetration or other forms of sexual contact.
False Imprisonment
False imprisonment occurs when someone intentionally restricts another person’s freedom of movement unlawfully and against their will. In cases of sexual assault, this civil claim may apply if the perpetrator restrained you in some way, such as physically holding you down or preventing you from leaving the location.
Intentional Infliction of Emotional Distress
Intentional infliction of emotional distress (IIED) occurs when someone intentionally or recklessly causes severe emotional distress to another person through extreme and outrageous conduct. In cases of sexual assault, this claim may apply if the perpetrator’s actions caused you significant emotional trauma, such as fear, anxiety, or depression.
Negligence
Negligence occurs when someone fails to exercise reasonable care, resulting in harm to another person. In cases of assault, negligence sexual assault claims may arise in various ways:
Premises liability: If the assault occurred on someone else’s property (e.g., a business or landlord), and the property owner failed to provide adequate security measures, they may be held liable for negligence.
Employer liability: If the perpetrator was an employee of a business or organization, and the employer failed to adequately screen, supervise, or train their employees, they may be liable for negligent hiring or supervision.
Institutional liability: In cases involving institutions like schools, churches, or youth organizations, if the assault occurred due to the institution’s failure to prevent known risks or protect individuals in their care, they may be held liable for negligence.
When to Sue for Being Sexually Assaulted?
It’s essential to understand the statute of limitations for filing a civil lawsuit in Nevada. The statute of limitations sets a time limit for bringing legal action, and it varies depending on the type of claim and the circumstances of the case. In Nevada, victims of sexual assault generally have two years from the date of the assault (NRS § 11.190) to file a civil suit.
Why Should I File a Civil Suit?
Filing a civil suit serves several purposes:
Accountability: Holding the perpetrator accountable for their actions and seeking justice for the harm inflicted.
Compensation: Obtaining financial compensation to cover expenses related to the assault and to rebuild your life.
Prevention: Sending a message that sexual assault will not be tolerated and potentially preventing future assaults.
Prevent Future Assaults: Taking legal action can help prevent the perpetrator from assaulting others in the future.
Defenses for Sexually Assaulted?
Defendants in sexual assault cases may raise various defenses, including:
Consent: Claiming that the sexual activity was consensual.
Statute of Limitations: Arguing that the lawsuit was filed outside the statute of limitations.
Alibi: Providing evidence that they were not present at the time of the assault.
Criminal Charges Faced By Perpetrators For Sexually Assaulted?
In addition to a civil lawsuit, perpetrators of sexual assault may face criminal charges. In Nevada, sexual assault is a serious crime that carries significant penalties, including
Imprisonment
Fines
And registration as a sex offender.
Criminal convictions are brought by the state, not the sexual assault victim, and the burden of proof is higher (beyond a reasonable doubt).
How Can an Attorney Help You in a Sexual Assault Case?
Experiencing sexual assault is a traumatic event that can leave victims feeling overwhelmed and unsure of where to turn. In such difficult times, having the support and guidance of an experienced attorney can make a significant difference. Here’s how an attorney can help you navigate a sexual assault case in Nevada:
Legal Guidance and Support: Attorneys offer essential legal advice and support, explaining your rights and guiding you through the legal process of filing a civil lawsuit for sexual assault.
Case Evaluation: Attorneys assess the strength of your case by reviewing evidence and identifying potential legal strategies to pursue your sexual assault claim effectively.
Building a Strong Case: Attorneys gather crucial evidence, such as medical records and witness statements, to establish the perpetrator’s liability and the extent of your damages.
Negotiating with Insurance Companies: Attorneys negotiate with insurance companies to ensure you receive fair compensation for your losses, including medical expenses and lost wages.
Representing You in Court: Attorneys advocate for your rights in court, presenting evidence and arguing your case before the judge and jury to seek a favorable outcome.
Providing Emotional Support: Attorneys offer compassionate support and referrals to counseling services to help you cope with the emotional challenges of the legal process.
Protecting Your Privacy: Attorneys take steps to protect your privacy and confidentiality throughout the legal proceedings, safeguarding your personal information from further harm or harassment.
Pursuing Justice and Closure: Attorneys help you pursue justice by holding the perpetrator accountable for their actions and seeking compensation for your losses, enabling you to move forward with confidence and strength.
Seeking Justice for Sexual Assault? Contact BLG Today!
Being a victim of sexual assault is a traumatic experience, but you are not alone. If you’ve been sexually assaulted in Nevada, you have legal rights and options for seeking justice. By consulting with a knowledgeable attorney and pursuing a civil lawsuit, you can hold the perpetrator accountable and obtain the compensation you deserve. Remember, there is hope, and healing is possible.
If you’ve been sexually assaulted in Nevada, you deserve justice and compensation for the harm you’ve endured. BLG is here to support you every step of the way. Our experienced attorneys specialize in handling cases of sexual assault and will fight tirelessly to hold the perpetrator accountable.
Contact us today for a free consultation.
1-800-870-8910