Any form of sexual harassment or assault is a personal violation. This is an incident that can have a lifelong emotional impact. It can cause trauma that can fraction relationships, impede work productivity, and, in extreme cases, lead the victim to substance abuse to mask the pain.
While no amount of money can replace what’s lost in a sexual assault, there is a measure of compensation that’s fair and reasonable where the victim can feel seen.
Finding that compensation will mean holding the perpetrator accountable. It can also mean holding accountable the company or institution that employed that perpetrator or didn’t provide adequate safety measures. For that to happen, you’ll want the support of an experienced Chicago sexual assault lawyer.
At Thomas Law Offices, we have a team of dedicated attorneys who understand the sensitive nature of sexual assault crimes. We help our clients hold their abusers accountable, and that helps them get their lives back on track.
Victim Support from a Chicago Sexual Assault Lawyer
A sexual assault has two paths to hold the assailant accountable. The first is the criminal charges. That means reporting the assault to the Cook County State’s Attorney. They will deploy their investigators and prosecutors to bring the assailant to justice in a criminal trial.
Separate from the criminal charges are the civil complaint that a victim of a sexual assault can file against their assailant. That is where the support of the Thomas Law Offices can prove invaluable. While you focus on your healing journey, we can file a civil complaint to take the matter before a judge and jury. This will only happen with your complete understanding and approval. If you accept our help, we can provide the following:
Independent Investigation
We have a team of investigators specializing in these types of assaults. By following your narrative of what happened, we can thoroughly investigate the incident.
Determine All Liable Parties
In addition to the accused assailant, other parties could be named in your civil complaint. For instance, there might be an organization or company that was aware of the perpetrator’s criminal past but still put them into hazardous circumstances where the assault was carried out. That could make those entities partially responsible.
Gather Evidence
To prevail in a civil complaint, we need to present a case where the jury will find the defendant guilty by a preponderance of the evidence. That evidence includes the following:
- Physical proof such as DNA, fingerprints, etc.
- Photographs
- Police reports
- Medical records
Depose and Interview Witnesses
There could be several important witnesses who can testify in support of your claims. These can be witnesses you spoke with, therapists, and medical professionals after the incident.
Enter Inter Negotiations
Once we file a civil complaint, we will negotiate with the liable parties. They might be moved to settle out of court when presented with the evidence and compelling legal arguments. That can only happen if you agree to the settlement offer. Once agreed to, you won’t be able to file another complaint.
Arguing the Case
We will be fully prepared to argue the case before a judge and jury if necessary. We will present evidence and witness testimony. If we agree that your testimony is important to the case, we’ll ensure you’ll be fully prepared to tell your story and answer any challenges.
The Thomas Law Office attorneys know that a financial settlement can’t erase the trauma of a sexual assault, but it can support your healing. We can discuss all the support we offer in our first confidential consultation.
Understanding Sexual Assault
The Illinois legislature has specific laws defining what is considered a sexual assault that is classified as a Class 1 felony. Some examples of sexual assault can include the following:
- Molestation
- Groping
- Rape
- Forcible penetration with an object
- Sodomy
Forced touching of another person’s genitals, buttocks, or breasts
It is important to note that Illinois minors under the age of 17 cannot legally give their consent to sexual activity. That makes any such activity an assault. That also includes activity between two minors.
Who Can Be Held Liable?
A sexual assault can occur anywhere at any time. Some of the obvious offenders can be the following:
- Coaches
- Teachers
- Clergy
- Rideshare drivers
- Government officials such as corrections officers and probation officers
- Family members
While the perpetrator may be the focal point of your civil complaint, they aren’t the only party that can be named in a sexual assault lawsuit. Individual businesses and institutions could also be held liable if they failed to provide reasonable protection to the victim of sex crime. For instance, the owners of an office building where the assault occurred could be liable if they didn’t provide adequate security to prevent unwanted access to the property.
Illinois law allows for sexual assault liability to include anyone who contributed to the intentionally harmful act. Consider the following possible liable entities:
- Employers
- Business owners
- Bars and nightclubs
- Schools
- Government agencies
- Landlords
- Religious institutions
Your Chicago sexual assault lawyer will strive to hold all liable parties accountable. That is especially important if the assailant does not have the means to provide adequate compensation. Including other liable parties increases the chances of obtaining a meaningful financial recovery.
What Compensation Are Sexual Assault Victims Entitled to?
The consequences of a sexual assault can be physical and emotional. While the physical injuries might heal, the emotional effects can linger for much longer. The goal of a civil lawsuit is to help the victims of sexual assault recover economic and noneconomic losses. Those losses can include the following:
- Current and future medical expenses
- Physical therapy and rehabilitation
- Emotional and psychological therapy treatment
- Lost wages and income
- Pain and suffering
- Post-traumatic stress disorder
- Depression and anxiety
- Loss of consortium
- Scarring
- Damage to reputation
- Loss of enjoyment of life
There might also be the opportunity for a trial jury to award punitive damages. These are damages awarded when the defendant’s actions are especially egregious, which every sexual assault case can be considered.
Steps to Take After an Assault
As the victim of a sexual assault, it will be a compounding shock to the system, and every victim responds differently. As upsetting as the incident is, you must take certain protective steps to ensure your safety and the preservation of your case. Here’s what you need to do:
Step 1: Prioritize Your Safety
If the assault is immediate, you need to get to a safe place. That can be with a friend, neighbor, or family member outside the house. If the assault is ongoing and you are ready to make a claim, you might also need to remove yourself from direct harm.
Step 2: Get a Sexual Assault Forensic Exam
It is vital to get a sexual assault forensic exam immediately after the assault. You shouldn’t shower. If your clothes have been torn, they should be put in a paper bag for evidence collection. As upsetting as this exam might be, it will help preserve the crucial evidence needed to bring your assailant to justice. The Rape, Abuse & Incest National Network (RAINN) explains what you can expect from these exams.
Step 3: Contact Law Enforcement
Because sexual assault is a crime, you have the option to report it to the police. You can consent to the clinic that collected the evidence and share it with the local authorities. They will assign a detective to the case who will pursue the matter. You will mostly be called on to identify your assailant, but that will be done in a manner that preserves your safety.
Step 4: Protect Your Mental Health
As you physically heal, you must also strive to protect your mental health. You might not immediately feel any emotional trauma, but you must discuss what happened with a therapist to help you process what you’ll be experiencing.
Step 5: Contact a Chicago Sexual Assault Lawyer
Finally, you want to speak with an attorney who has helped others in these situations.
Putting Our Clients First
Not every sexual assault case ends up in a trial. The Thomas Law Offices will always put our clients’ needs first. Given the sensitive nature of these cases, we strive to reach a fast and fair resolution. Every option will be thoroughly discussed. Remember that regardless of the outcome of the criminal trial, you can still pursue your civil complaint.
Call to schedule a conversation with our Chicago sexual assault lawyer so you can get answers to your questions about what happens next.
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