Can a Victim of Rape Sue for Money Damages?
As portrayed throughout numerous cases on record and most recently in the Bill Cosby allegations, charges aren’t always brought up immediately on accused rapists. It can take years at times or otherwise never amount to anything at all. Unfortunately, the victim always pays more than they bargained for or deserve both mentally and within their day to day lives. Bringing a suit against a rapist can mean that a victim will receive compensation for their pain and suffering as a result of the experience.
How can rape victims sue rapists in civil court?
Intentional torts are a class of civil lawsuits that cover intentional injuries to both the mind and body. These types of cases are brought up with the victim in mind and render compensation for the harmed individual. There is no specific civil claim for rape itself, but various torts can apply depending on the circumstances of the assault. Consult a personal injury attorney to discuss your case and ensure that you are pursuing all available avenues. Here are some of the most common intentional torts seen in rape cases:
Battery or Assault: These two torts come into play if the rapist had the intent to cause harm and caused the victim to fear this harm and unwanted contact. Assault turns into battery once the rapist acts on their intentions.
False Imprisonment: When the rapist restrains and restricts the victim against their will.
Intentional Cause of Emotional Distress: If the victim suffers from severe emotional distress and/or bodily harm as a result of the rapist’s unwanted and extreme actions.
As mentioned earlier, different torts can be leveraged depending on the specifics of the case. Any one of these claims could prove to be successful in retrieving damages for deserving rape victims.
Time is of the essence!
As with virtually all legal cases, time is of the essence. Statutes of Limitations limit the amount of time that a victim has to bring suit against someone in a court of law. This varies depending on the state, type of case and the charges you’re looking to file. Rest assured, most statutes of limitations have years before a case could potentially be thrown out for timing reasons. A general rule of thumb is that the more serious the case is, the longer you have to file a suit in court.
Legal cases are rarely ever easy, and with the sensitive nature of a rape case, working with a reputable personal injury attorney is critical. Click here to schedule a free, no obligation consultation with our team to discuss your options.