In Utah, nearly one out of every two women will experience some form of sexual violence victimization in her lifetime. As we all know, however, sexual violence is not only perpetrated against women. The number of people sexually abused by priests, bishops, scout leaders, teachers, family members, coaches, youth leaders, and other clergy members is staggering, and the mental and emotional scars left in the wake of sexual abuse can last a lifetime.
Tragically, most victims of sexual abuse and assault are too embarrassed, ashamed and confused to seek the legal help they deserve. While the criminal that perpetrated the violence could be ordered to pay restitution, the amount of criminal restitution that a perpetrator is ordered to pay in criminal court typically does not amount to much and in most cases, it will NOT include funds the victim will need to pay for future mental and physical healthcare treatment that the victim needs to continue on a path toward healing.
Fortunately, a sexual abuse or assault victim does not have to rely on criminal restitution alone. When the circumstances allow it, a victim can file a civil lawsuit and be compensated monetarily for the harm they suffered. However, may victims have difficulty finding an experienced lawyer who possesses the necessary skills and experience to hold the abusers and the institutions that protect them accountable for their actions.
At Wilcox & Mastrorocco, our personal injury lawyers in Utah help victims of sexual abuse and assault, and understand how important it is for victims to get justice. Sexual abusers must be held accountable along with any people or institutions that were in a position of authority and failed to protect those who were under their watch.
If you or a loved one were the victim of a sexual abuse or assault, contact Wilcox & Mastrorocco today to take the first steps toward the justice you deserve. We will discuss your case for free, and our Utah personal injury lawyers will advise you on all of your legal options.
Understanding Sexual Abuse in Utah as a Personal Injury
Sexual assault is generally defined as any form of forced or coerced sexual contact without consent. This includes, but is not limited to, rape, incest, molestation, oral sex, harassment, lewdness, forcing a person to take sexual pictures, or unwanted touching.
Most people when they think of sexual abuse think of it as a crime rather than a civil matter. Many times, though, a victim can sue the abuser and even responsible third parties for the crime and obtain a settlement or award for the damages they suffered.
Personal injury lawyers representing victims can provide the compassionate counsel which the criminal justice system sorely lacks. As a victim in a criminal trial, it is important to understand that the prosecutor or district attorney does not represent you---they represent the State. The prosecutor's office is primarily focused on obtaining criminal convictions. While a conviction is an important aspect of the healing process for victims, criminal prosecutors cannot provide the additional support victims need or represent them in a civil lawsuit where the victim can stand as the plaintiff instead of the State.
A civil lawyer can also help to provide you with the resources you need during your recovery, such as referrals to survivor groups and specialized mental healthcare providers. Additionally, while financial compensation can't take back the past, it can help provide for a better future. The Utah civil justice systems can accomplish what the criminal justice systems cannot – financial recovery for pain and suffering and future damages such as future lost earnings and future medical expenses. In some cases, simply bringing the lawsuit can provide some measure of justice, by shedding light on the abuse itself. Bringing perpetrators and the institutions that protect them to justice also decreases the chances that abuse will occur in the future.
Liability in Personal Injury Claims for Sexual Abuse in Utah
Sexual abuse commonly results from an individual's actions, and as such, the abuser is the liable party – that's straightforward. In addition, a company or organization can also be liable in a personal injury claim – this type of defendant is not always straightforward. There are many factors that must be considered when determining all potential liable parties.
If an abuser holds a position of authority within an organization, such as a supervisor or religious leader, they might use their influential position to take advantage of an individual. A personal injury claim often depends on the procedures and policies put in place to prevent sexual abuse when the abuser holds power within an organization or company.
For example, a failure to perform proper background checks on job applicants could be negligent behavior. If the procedures are not adequate or not followed, the organization or company – in addition to the sexual abuser – could be held liable.
Also, many states create institutional liability via statute. When a church, school, or another organization involves the care or oversight of children, statutes may outline specific legal obligations to protect and prevent harm of children. Many institutions and organizations also carry liability coverage.
Proving Utah Sexual Abuse
A sexual abuse personal injury claim requires the injured party to meet the burden of proof to establish liability. Criminal cases require proof beyond a reasonable doubt, which is the highest bar for proving a case, and that's why many people are found not guilty even if they might be. In civil cases, however, the burden of proof is by a preponderance of the evidence, which is a much lower standard and simply means that the defendant more likely than not abused the victim.
Victims of child molestation, priest and clergy abuse, sexual assault, and sex abuse can bring tort claims against not only the perpetrator, but any person or business who either intentionally or negligently allowed the abuse to occur. However, sex abuse victims are commonly mistaken about their rights and end their search for justice at the conclusion of the criminal case. Many do not know that a criminal conviction is not necessary to bring a successful civil suit. Even if a sexual predator is never arrested, never prosecuted, or even if a sexual predator is acquitted, a sex abuse victim can still prevail in a civil lawsuit.
Evidence can come in many forms and from many places, but it is a necessary part of proving a case. If the abuser was charged, the evidence from the criminal process can be used, and that's true regardless of whether or not the abuser was found guilty.
A physical examination by a healthcare provider and subsequent treatment and care could provide evidence of sexual abuse when there are physical injuries. Additionally, evidence of mental health counseling or therapy could provide proof of sexual abuse and the damages sustained.
Eyewitness statements could also be a significant form of evidence in proving sexual abuse and the resulting damages. To hold an organization or company liable, an injured party must provide evidence showing a failure to uphold the relevant standards of care. This might include evidence of a failure to follow policies or procedures in hiring, training, or supervising an employee or member.
Examples of Sex Abuse Personal Injury Claims
There have been many sex abuse cases in the news, and many of them have let to significant settlements and jury awards. Some civil actions were against famous people and others were/are against well-known organizations.
Examples of sex abuse personal injury claims include:
- Roman Catholic Church
- Church of Jesus Christ of Latter Day Saints
- Boy Scouts of America
- R. Kelly, singer
- Roger Ailes, as well as Twenty-First Century Fox
- Harvey Weinstein, American film producer
- Bill Cosby, comedian and actor
- Larry Nassar, Michigan State University, and U.S.A Gymnastics
- Jerry Sandusky, Former Penn State University Assistant Coach
In many of the above examples, third parties or entities funded the settlement. For example, Penn State entered into a settlement with victims of Jerry Sandusky.
What to Do if You Have Are a Victim of Sex Abuse in Utah
If you are a victim of sex abuse, you should take a few steps to safeguard your well-being.
- Seek medical help. Medical help includes both physical help (for example, obtain a screening by a doctor for any physical injury) and mental help (for example, speak to a therapist or another person who can help you mentally and emotionally).
- Preserve any evidence. If you have clothes, letters, text messages, photographs, videos, or anything that may indicate or help with a sex abuse investigation, you should keep it.
- Make notes. Try to recall anything you can, including any potential witnesses. Take notes, even if a memory or thought seems insignificant, make note of it. Sex abuse is highly traumatic, and so it can be hard to remember everything.
After the abuser has been taken in and you feel safe, you or a loved one may want to reach out to an attorney. Suing for sexual abuse can be a traumatic experience – it is a decision you must make after consulting loved ones and a legal professional.
How a Sexual Abuse Injury Attorney in Utah Can Help
A sexual abuse case often becomes stressful and challenging, especially when an injured person is trying to recover from the harm caused by the abuse. This type of case also differs significantly from other personal injury cases, which our sexual abuse attorney at Wilcox & Mastrorocco understands.
For instance, we can help argue for an extension of the state statute of limitations when sexual abuse occurred several years earlier in the injured person's life. Additionally, we work with experts routinely to provide their professional analysis and opinions as well as to help establish and prove your sexual abuse claim and damages.
Contact a Sexual Abuse Injury Lawyer in Utah Today
Victims of sex abuse can experience seriously physical, emotional, and mental harm. Post-traumatic stress disorder (PTSD) can be debilitating. So, a sexual abuse personal injury claim in Utah can help a victim feel empowered. It helps them get the compensation they need to try to move forward with their lives and get the care they need to heal.
At Wilcox & Mastrorocco, we will work to hold all parties responsible for their actions. Call us today at 801-960-4046 or fill out our online form to schedule a free consultation and strategy session. We will answer your questions and advise you on your best legal options.
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