Sexual Assault Class Action Lawyer
According to RAINN (the Rape, Abuse & Incest National Network), every 68 seconds, an American is sexually assaulted. And every 9 minutes, that victim is a child. Meanwhile, only 25 out of every 1,000 perpetrators will end up in prison.
If you’re uncertain whether you have a sexual assault class action claim, it’s important to speak with a attorney that is well versed in this area of practice. Click the link below to schedule a 100% free, confidential consultation with one of our skilled sexual assault class action attorneys today.
What Is a Sexual Assault Class Action Lawsuit?
When there are several victims of sexual crimes form a single or group of perpetrators, these individuals can band together through a team of attorneys or one legal professional to pursue a claim against the defending party. By speaking up, each person can become an active participant in the larger lawsuit to ensure that the defendant is held responsible for his or her actions against each and all victims of sex crimes. Some of these class action lawsuits are for sexual harassment while others are for sexual relations that were nonconsensual. With more victims rising up to give evidence, the claim will have greater strength.
Who is Liable in a Sexual Assault Case?
In a sexual assault case, the following people can be held liable for your attack:
Perpetrator of the assault
Property owner for inadequate security that caused the attack
Supervisory personnel for failing to take action or discipline the offender
Government entity if the perpetrator was a police officer or public official
How can a Class Action Lawsuit Help Me?
Class actions streamline the legal process, making the lawsuit more efficient than if individual plaintiffs went to trial.
The cost of the lawsuit is spread out among the plaintiffs. There are no attorney fees paid upfront, and if the case is successful, the attorney is paid out of the recoveries. In some cases, the defendant is required to pay the attorneys’ fees for the plaintiffs.
In each class action, the members of the class are represented by class representatives, one or more people who serve as the public face of the class action. The class representative plays an active role in the case and acts as the voice for the entire group. This allows the other class members to play a passive role in the case and wait for the outcome of the proceedings.
Class action lawsuits are especially beneficial in cases where the damages are minor, and the cost of hiring a attorney and going to court individually would be too high. Through a class action, you can hold an unscrupulous company accountable, get justice, and receive a uniform judgment and compensation with your fellow class members.
Ultimately, a class action involves one lawsuit, one court, and a single decision. This makes getting justice much more attainable and far less stressful for people who would normally not have the resources or time to file an individual lawsuit against a large company that has wronged them.
What if my Sexual Assault Took Place at or by a Member of a College or University, Association, and/or Religious Institution?
If you endured sexual abuse or sexual harassment on a college campus, you have several options for taking action to ensure your attacker is brought to justice. First, you can report the incident to campus officials.
How the incident will be handled depends on your university and their policy on campus sexual violence. You may have to appear before the school board and make a statement under a process known as campus adjudication (judgment dispute).
Higher education institutions are required by the U.S. Department of Education, among other things, to ensure all students have equal access to education, regardless of their gender identity or sexual orientation. This provision is part of your civil rights under Title IX. This also means responding to reports of sexual misconduct. If your school does not handle your report or mismanages it, they may be held liable for the assault.
Reporting to your school is not a replacement for filing a report with the criminal justice system, however. This can only be done by law enforcement and will only be pursued if you file a police report detailing the sexual assault.
Filing the report may be taxing, especially after what you have already been through, but it’s an important part of filing criminal charges against your attacker. It may also prove crucial if you pursue them in a civil suit.
If you decide to act against the perpetrator, or find reason to act against the school, you can file a personal injury lawsuit to seek compensation for damages. A attorney can help you understand your legal options and will build a strong foundation for your case.
How Common is Sexual Assault on College Campuses?
Researchers found that reports of sexual assault indicate that one in 5 women and one in 16 men experience sexual assault when in college. Nearly two-thirds of students on campus will experience some form of sexual harassment, with less than 10% of these students reporting it to the university or an employee.
The Association of American Universities conducted a survey on sexual assault and misconduct on college campuses. As part of the survey, 181,752 students surveyed participated from 33 different colleges and universities. Data from their responses showed that the rate of non-consensual sexual acts, either by force or an inability to consent, was 13%, with higher rates for female, transgender, genderqueer, and non-binary students.
Despite these reports and studies, an estimated 20% of female student victims report their unwanted sexual encounters to law enforcement, meaning that the 13% rate is lower than the actual number of sexual assaults occurring on college campuses.
Why File a Civil Claim Against a College, University, Association, or Religious Institution?
Many sexual assault and rape cases are reported, but just as many go unreported, and this happens for the same reason: very rarely are the perpetrators adequately punished, if punished at all. Police officers are sometimes inefficient or lazy and do not process rape kits or bring suspects in for questioning. Even if a case were to go to trial, there is no guarantee that the guilt of the party can be proven beyond a reasonable doubt unless there is ample evidence – and since many sexual assaults happen in private, it becomes a case of he-said-she-said. Further, many victims of student sex abuse who have been traumatized do not want to relive the event and opt to try to move on.
This should not be the standard practice. Criminal cases hold heavier consequences than civil claims; defendants must be shown to be guilty beyond any doubt, or they will not be punished. Their punishment does include jail time, but because of how serious it is, it should be clearly visible that the defendant did, in fact, commit the crime. Civil cases do not carry the option of jail time; accordingly, they do not require the same level of doubt to be erased. It is easier to win a civil case for sexual assault or rape than it is to win a criminal case.
Civil claims only allow you to collect monetary compensation for damages you have sustained in injuries. A qualified attorney with expertise in campus injury lawsuits can help earn you a settlement. These damages include:
Medical Costs: If an injury forced you to require medical treatment, the costs can be reimbursed; also, if there is a need for future medical treatments, those expenses can also be covered. Some medical expenses include surgery, hospitalization, medication, ambulance transportation, and physical therapy.
Lost Wages: If you were forced to take off work because of an injury, whether to recover or otherwise, you can be reimbursed for those lost hours and wages. As with medical expenses, you can also recover future costs.
Pain and Suffering: These non-economic damages are considered to be emotional trauma and cannot be quantified by a dollar amount. They are determined by a jury or a negotiation, and the expenses are awarded accordingly. You can receive compensation for PTSD, fear, anxiety, mental scarring, emotional damage, and psychological troubles resulting from a sexual assault.
Punitive Damages: Punitive damages exist to punish the defendant for their actions. They are awarded in cases of gross negligence or an intention to commit harm. A rapist or sex offender can be hit with these damages, which are essentially large sums of money in additional restitution. However, a jury may not believe these damages are necessary, as the defendant is already being made to pay other expenses. Only a skilled sexual assault attorney who has experience such claims can successfully argue for punitive damages.
Do not merely question, “Can you sue a community college?” Yes, you could sue a university for an incident that occurred on campus, especially if the incident occurred due to the negligence of the university.
Examples of Sexual Assault Class Action Cases
Michigan State University reaches $500 Million settlement with the victims of Larry Nassar – Mr. Nassar was employed as a sports physician by Michigan State University from 1997 to 2016. It was shown that Michigan State knew or should have known and allowed Mr. Nassar to continue his abuse over the years. Mr. Nassar has been sentenced to over 100 years in prison for his crimes of abusing more than 300 young female gymnasts, including more than 30 at Michigan State University. Read more about the Michigan State University settlement here!
New York Knicks reaches $11.5 Million settlement with Ms. Browne Sanders – Ms. Sanders was an executive for the NBA New York Knicks, she was fired after complaining about being sexually harassed by Isiah Thomas, the team President of Basketball Operations. Read more about the Knicks settlement here!
University of California – Seven patients of Dr. James Heaps accused him of sexual assault between 1983 and 2018 when he worked at the UCLA Student Health Center and UCLA Medical Center, accusations include inappropriate sexual comments, inappropriate touching during the course of the examinations and using a medical device to simulate intercourse during the examination process. Read more about the $73 million settlement here!
Harvey Weinstein – Mr. Weinstein was a well-known movie executive and producer, until several public complaints by several high-profile actresses, as more than 87 victims came forward Mr. Weinstein and his company, The Weinstein Company, was sued. Mr. Weinstein also was criminally convicted of sexual rape and assault and sentenced to more than 23 years in prison, a life sentence for someone his age. Read more about the Weinstein settlement here!
Horace Mann – A extremely private and exclusive private school in Riverdale, New York was sued by former students who claimed they were sexually assaulted, one of the victims committed suicide in 2009 as a result of the continuing effects of the assault. Since then more than 60 additional students have come forward. Read more about the Horace Mann School Sexual Assault case here!
Jeffrey Epstein – Mr. Epstein was a financial advisor to corporations and billionaires all over the world. His advice is said to have helped individuals and corporations save millions, if not billions in taxes. At the time of Mr. Epstein’s death, by suicide, he was worth more than $500 Million dollars, with homes in New York City, Paris, France, Palm Beach, FL and two islands off the coast of St. Thomas. He is accused of sexual assault and abuse of dozens of young women. Since his death, the money from his estate has been placed in a special fund for the victims of his sexual assault. Read more about Jeffrey Epstein here!
At The G Law Group, P.A., our Sexual Assault Class Action Attorneys understand the sensitive and difficult situation that you may find yourself in after a sex abuse or assault scenario. We put our clients first, and that means more than just being attentive and providing personalized legal services. Our attorneys are deeply committed to making sure that our clients obtain all the social, public, psychological, medical, and legal assistance they need to make a healthy recovery.
We want you to know that we are on your side, and we want to help you get justice. Call us at (305) 486-7468 or click the link below to schedule a free case evaluation with one our sexual assault attorneys today. All calls are kept strictly confidential.