Have you been the victim of sexual abuse and feel confused by the legal process?
You’re not alone. The sad truth is that sexual abuse crimes have been on the rise by 62.5% in 2020, and thousands of survivors do not understand their legal rights.
In fact, that is a major issue in itself…
The legal process surrounding sexual abuse is intimidating and complex at best. Without a skilled attorney on your side, victims may never receive the justice or compensation they rightfully deserve.
But there is hope:
In this blog post, we will walk you through:
- Why legal representation is critical for abuse victims.
- How your attorney will conduct an investigation and build your case.
- The way a lawyer navigates the legal system.
- How victims get compensation through the legal process.
Why You Need a Sexual Abuse Attorney
Sexual abuse cases are unique and require specialized legal knowledge, sensitivity, and compassion that general practice attorneys cannot offer. There are many benefits to retaining a sexual abuse lawyer that extend far beyond filing legal paperwork.
Working with an experienced Chicago sexual abuse attorney means you get a legal expert who understands the challenges survivors face after abuse.
An attorney will know how to handle delicate information and maintain your privacy throughout the legal process. They will protect your rights when you’re at your most vulnerable.
And, here’s something not so many people know:
Statistics show that a shockingly high 66% of sexual assaults go unreported to law enforcement. Survivors of sexual abuse may never seek justice or legal remedies because they either don’t know their options or fear the legal process.
A skilled and compassionate lawyer can change all of that and make a world of difference.
Legal Representation: Your Voice in the System
What’s so important about an attorney?
Lawyers become the voice of the survivor when the survivor may not have one. Sexual abuse lawyers know that victims often have difficulty speaking out or reliving the experience. Your lawyer will do the talking, filing, and legal advocacy for you while you focus on recovery.
They will hear your story in a safe and confidential environment. They will explain your legal options without judgment. They will design a strategy and plan of action that works in your best interests every step of the way.
And here’s the best part:
A good sexual abuse lawyer knows how to defend against victim-blaming by defense lawyers and judges. They will not be surprised by any attempts to discredit your credibility, claim contributory negligence, or argue the statute of limitations has passed.
Sexual Abuse: Investigation and Evidence Gathering
Here is a fact that may surprise you:
Sexual abuse cases require more than just a victim’s testimony. Your lawyer will work with investigators, medical professionals, and forensic experts to gather compelling evidence to support your claims.
Expect your lawyer to gather:
- Medical records and examinations.
- Witness statements that support claims of changes in the victim’s behavior, etc.
- Digital evidence (SMS messages, emails, and the likes)
- Expert testimony on trauma and other physical/mental damages.
Truth be told, many cases rest upon the weight of evidence. An attorney knows the evidence that matters in building a compelling case that can hold perpetrators and/or institutions responsible.
Navigating the Maze of the Legal System
Here’s something most people do not know…
Sexual abuse cases often involve both criminal and civil litigation. Criminal cases aim to punish the offender, while civil suits seek compensation for the survivor.
In criminal matters, a sexual abuse lawyer will work with the prosecutor to ensure appropriate charges are filed. In civil matters, they will sue the offender and the institutions who enabled the abuse for financial damages.
The best part about it is that you don’t have to understand all the legal mumbo-jumbo and jargon.
Your lawyer will handle all the difficult legal terms, court processes, and procedural deadlines while keeping you informed in plain language throughout the legal journey.
Protecting Your Privacy and Confidentiality
Privacy and confidentiality are major concerns of sexual abuse survivors. You don’t want everyone to know what happened to you, right? You certainly do not want your name splashed on the news headlines.
Sexual abuse lawyers take confidentiality seriously. Attorneys use protective orders to seal your identity in court documents, request closed-door court hearings when possible, and ensure settlement agreements are kept confidential.
A good lawyer will buffer you from the public spotlight. They will take care of all media inquiries, protect your personal data, and ensure you control your narrative at all times.
Fighting for Maximum Compensation
Something else to know:
Sexual abuse survivors are entitled to fair compensation for real damages. Research shows that average settlements range from $30,000 – $50,000. However, successful trials have reached upward of $20 million in awards based on circumstances.
The compensation your lawyer will fight for includes:
- Medical expenses (therapy, treatment, and the likes)
- Lost wages due to missed time at work.
- Pain and suffering resulting from the emotional distress.
- Punitive damages awarded to punish the wrongdoer.
The truth is, insurance companies and defense will attempt to lowball you. They will offer unfair settlements hoping you will take the first offer less than you deserve. A good lawyer knows the true value of your case and will fight for maximum recovery on your behalf.
Understanding Statute of Limitations
This is important…
Statute of limitations is the time limit during which a lawsuit must be filed. Every state has its own complex set of time limits for sexual abuse cases. Statute of limitations for cases of child abuse can be even more complex.
A majority of states have now extended or eliminated statutes of limitations for childhood sexual abuse cases. Your attorney must be up-to-date with these ever-changing laws to know when your filing deadline is.
Miss a statute of limitations deadline and you may lose the right to sue forever. That is why you must talk to an attorney immediately to protect your rights.
Holding Institutions Accountable
Another interesting fact is that:
Sexual abuse lawyers hold not only individual abusers accountable but also institutions that enabled or covered up the abuse. This may include schools that turned a blind eye, churches that shuffled abusive priests, sports clubs that failed to screen coaches, and detention centers that neglected to protect minors.
Institutional liability cases often result in higher settlements because organizations have more financial resources. Additionally, holding institutions accountable can lead to systemic changes that protect future victims.
Sexual Abuse: Going It Alone
Here’s the truth…
Yes, you can technically file a sexual abuse lawsuit on your own. However, you will be up against well-trained and experienced defense attorneys who will stop at nothing to avoid compensating you.
Defense attorneys and insurance companies will use all the tricks in their books to win. They will try to discredit your story, make you feel like you are to blame, argue that too much time has passed, and make the legal process so daunting that you give up.
Facing such tactics alone is not a smart idea. On your own, you are fighting against trained professionals who do this for a living.
That is the truth of the matter.
Pulling it all Together
Sexual abuse lawyers are an important advocate for victims of sexual abuse seeking justice through the legal process. They conduct investigations, gather evidence, maintain your privacy, and fight for maximum financial recovery.
The benefits of a sexual abuse lawyer are evident in the professional legal representation, guidance, protection from aggressive defense tactics, and leverage to negotiate fair settlements.
Don’t let intimidation or fear keep you from getting the justice you deserve. Take that first step, make that first phone call and schedule a free consultation with an experienced attorney who will protect your rights and fight for the compensation you deserve.
