Rape is generally defined as sexual intercourse without consent that is committed by threat of force, injury, or some form of duress—and is one of the most traumatic and horrifying experiences an individual may ever have to go through. Different kinds of rape include stranger rape, date rape, gang rape or multiple rate, acquaintance rape, marital or spousal rape, and statutory rape.
A rape case is typically broken down into two parts—a criminal case and a civil personal injury claim. These will not usually run simultaneously, as the criminal matter is usually resolved first. The criminal justice system aims to punish criminals, and often provide rape victims with some measure of satisfaction and justice. Often times, however, this is not enough. The civil justice system exists to fight back against the abusers and help rape victims obtain compensation for the damages stemming from the criminal act.
If the attack occurred as a result of inadequate security or unsafe and dangerous conditions on the property owned by someone else other than the rape victim, then an element of negligent security—a type of premises liability claim—may be included in the civil personal injury matter. After all, business establishments, landlords and property owners have a duty to protect all individuals who are lawfully on their premises. This means providing them with a safe environment though such things as proper lighting, adequately trained security guards, security cameras, and well-maintained locks and fencing.
Apart from filing criminal charges against the guilty party, a rape victim may sue the perpetrator in civil court for their actions and be made to pay. If negligence or failure on the part of a landlord, property owner, or other individual played a contributory role in the rape, then a civil suit may also be filed against them in order to recover damages.
Depending on the circumstances, common damages that may be recovered in a civil action for rape are medical expenses for physical, psychological, or psychiatric care; lost income; temporary housing and child care expenses; physical and occupational therapy or rehabilitation; any other losses suffered by the victim as a result of the offense. Other common damages arising from statutory rape are physical injuries and mental anguish, including embarrassment and humiliation.
Innocent victims of rape deserve monetary compensation for post-stress disorders and the trauma that they are unfortunately left to face. While money cannot take away the emotional pain and horrors associated with rape or sexual assault, it can help the victim to regain their life by paying for counseling, treatment, and anything else that may be needed to move on from such trying times.
If you are a victim of rape, it is important that you contact a personal injury lawyer who has experience handling sexual abuse cases. They can help you discuss your options and potentially file a sexual abuse lawsuit against the guilty party as soon as possible.
The Fitch Law Firm has 30+ years of experience helping injury and accident victims get justice and compensation for their injuries.
Call The Fitch Law Firm today at (855) LAW-OHIO for a free confidential initial case consultation.