Sexual assault and sexual abuse are horrible crimes that can scar victims for life. Lawmakers in the state have no tolerance for these crimes: sexual assault, for instance, is considered a Class A felony and, under certain circumstances, can result in life in prison.
But putting the defendant away for their actions is only one part of obtaining justice following an attack. Sexual assault and abuse are also considered torts against the individual victim and, therefore, can become the subject of civil litigation. Sexual assault lawyers work to obtain compensation for victims and hold other parties accountable for negligence or recklessness that led to the attack.
What are sexual assault victim lawyers, and what do they do? Our De Castroverde Law Group team has put together this explanation to help you understand our role. If you or a loved one needs help, we will answer any questions/concerns as soon as possible.
What Is Sexual Assault in Nevada?
Nevada law generally defines sexual assault as subjecting another person to sexual penetration or forcing a person to sexually penetrate themselves against their will. The crime also applies if the offender knows or should have known that the victim is mentally or physically incapable of providing consent, resisting, or understanding what was happening to them.
The criminal justice system considers sexual assault a Class A felony, one of the most serious crimes in Nevada law. A conviction carries a penalty of up to life in prison. In some circumstances, such as crimes involving children, a court can issue a life sentence in prison without parole.
Nevada law also includes a range of crimes covering sexual abuse or molestation of underage children. These include statutory sexual seduction or statutory rape, lewdness with a minor under the age of 16, child pornography, and sexual abuse and molestation. Under certain circumstances, these incidents can be classified as Class B felonies and carry a prison term of up to 10 years.
Separate from criminal charges, which state attorneys handle, victims of sexual assault or abuse may be able to seek recourse through the civil justice system by filing a personal injury lawsuit. In that case, you will need to obtain your attorneys.
What Does a Sexual Assault Victim Lawyer Do?
A sexual assault lawyer can advocate for you and your family on several levels. It’s estimated that many sexual assault or abuse cases are never reported to police because the events are too horrible or frightening to relive.
A private attorney can look out for your best interests dispassionately, including referring you to proper agencies for personal assistance, standing by your side, and serving as a liaison with the police. Prosecution of sexual assault cases and the prospect of testifying against your attacker can be scary, and a sexual assault victim lawyer can help by counseling you through it.
Your lawyer can also help you obtain justice through a personal injury civil lawsuit. Their role is to understand the facts of your case, assess it against the law, and develop a strategy for getting the compensation you deserve. Your lawyer can explain the various steps involved in a civil case and take the lead in developing appropriate evidence.
The attorneys at De Castroverde Law Group have extensive experience in representing victims of sexual assault, sexual abuse, or other crimes. We will work with you to establish and document the facts and deliver zealous representation in your quest for proper justice.
Who Can Be Sued in a Sexual Assault Personal Injury Case?
One crucial element for success in a personal injury sexual assault case is identifying the proper defendants. Certainly, your assailant can be named in your civil complaint. But you may also wish to use your personal injury litigation to look at the circumstances of your assault that may not be addressed in criminal law.
If you were attacked or abused in a quasi-public place, such as a school or church, you might feel the organization didn’t provide enough security or failed to screen visitors and employees properly to prevent predators from coming on site.
A civil personal injury lawsuit is a way to hold organizations accountable for those failures, especially if they reflect recklessness or negligence. In certain circumstances, you may have justification to pursue litigation against a property owner under premises liability — a statement that the owner failed to take reasonable steps to keep their property safe. This might involve a circumstance such as poor lighting where the attack occurred.
A personal injury sexual assault lawyer can help you identify potential actions that contributed to your vulnerability and the defendants who may be held to account. Your case could result in changes that prevent similar incidents from happening in the future.
Financial Damages for Sexual Assault Victims
A personal injury lawsuit provides victims of sexual assault and abuses an opportunity to recover damages for the attacks against them. Damages can be awarded for:
- Medical expenses for physical injuries directly from the assault or abuse, as well as for emotional damage.
- Lost wages for the time spent away from work attending doctor appointments or for emotional therapy. This includes past and future expenses for ongoing medical care or therapy.
- Emotional pain and suffering for damages to a victim’s mental health and standing in the community.
- Punitive damages act as a deterrent against repeated crimes by the perpetrator and others.
Nevada law provides definitions for what victims have to show to obtain compensation from the court. This is a challenging area to navigate that requires experienced personal injury counsel. Let the lawyers at De Castroverde Law Group in Las Vegas guide you on how to document your claims, so you get the compensation you deserve.
De Castroverde Law Group Sexual Assault Lawyers
The attorney team at De Castroverde Law Group has extensive experience in representing sexual assault and sexual abuse victims. Our team of personal injury lawyers will fight for you, make sure your voice is heard and seek just compensation for your physical and emotional injuries. Based in Las Vegas and with offices in Reno and Oakland, California, De Castroverse Law Group provides full personal injury, immigration, and criminal law services. Call us or contact us online to schedule a consultation.