Denver Sexual Assault Lawyer
Sexual assault is a serious problem in our society. The physical and emotional trauma of a sexual assault can affect a victim for many years. A sexual assault survivor may require ongoing medical care and counseling. Sexual assault includes unwanted sexual contact, groping, and attempted and completed assaults. Many victims feel helpless to respond. A business or organization that employs a sexual predator may be liable for the assailant’s conduct. Taking legal action after a sexual assault can focus attention on a business’s negligent hiring or lack of security and prevent others from being traumatized.
Attorney Robert Wilhite and the legal team at The Wilhite Law Firm are dedicated to helping victims of sexual assault. We are proud of the law firm’s heritage of justice. Our compassionate and committed attorneys take seriously our mission to seek justice for those who have been harmed through the negligence or misconduct of others.
The Wilhite Law Firm offers a free and confidential consultation to sexual assault victims. Our attorneys can review the details of the incident and discuss your legal options. We understand that the assault was not your fault. Nothing you said or did invited the assault. We are here to offer trusted counsel and support. Our attorneys serve clients in Denver, Greeley, and throughout Northeastern Colorado.
Can a Sexual Assault Victim Sue the Assailant for Compensation in Colorado?
A victim of sexual assault may file a personal injury lawsuit and demand monetary damages from the perpetrator and their employer or the owner of the property where the assault occurred. A rapist or sexual perpetrator may face criminal prosecution. A personal injury lawsuit is a separate civil lawsuit initiated by the victim, seeking monetary damages. It is independent of any criminal charges or criminal prosecution of the assailant.
As a victim of sexual abuse in Colorado, you may be entitled to pursue legal action against the assailant and the assailant’s employer or the owner of the premises where the assault occurred, if lack of security facilitated the assault.
A compassionate sexual assault injury attorney at The Wilhite Law Firm can help you understand the appropriate legal options available to you to hold your assailant accountable.
What Types of Organizations and Businesses May Be Liable for a Sexual Assault?
More than one party may be legally liable for a sexual assault. Businesses, organizations, or institutions that disregard complaints about inappropriate conduct by an employee, have lax employee screening procedures, and fail to take reasonable steps to prevent customers or guests from being sexually assaulted or abused may be liable.
Some common types of businesses and organizations named in personal injury lawsuits involving sexual assaults include:
- Daycare and child care centers
- Schools
- Spas, gyms, and health clubs
- Tanning salons
- Hotels
- Apartments
- Bars and restaurants
Property owners, including owners of hotels, ski lodges, and resorts, have a legal responsibility to prevent injury to guests on their premises and to take reasonable safety measures to prevent guests from being sexually assaulted. A hotel or lodge that employs a sex offender and allows the person access to room keys may be liable for assaults on guests committed by the individual by negligently failing to provide adequate security.
A spa or health club that employs a massage therapist who engages in unwanted sexual contact with guests and has a record of complaints may be liable for the therapist’s conduct. Businesses and organizations need to take seriously reports of sexual assaults or unwanted touching by employees or people representing the organization. Some businesses and organizations fail to respond appropriately. They disregard the complaints or try to make a problem go away by simply transferring a problem employee to another business location.
If the leaders of a school, church, or other organization fail to respond to complaints about inappropriate sexual conduct by a teacher, coach, youth group leader, or other individual, the organization may be held legally responsible for failing to take steps to prevent sexual abuse or assault.
Sexual assault civil cases are complicated cases to pursue. A lawsuit may involve multiple insurance companies representing different defendants. You will need the help of an experienced and determined Colorado personal injury lawyer who will do a thorough investigation, identify all the potentially liable parties, and build a strong case for compensation.
What Does the Victim Have to Prove to Hold the Assailant’s Employer Accountable?
An employer may be held responsible if negligent security of the property or negligent employment of the perpetrator led to the sexual assault. As part of a personal injury sexual assault lawsuit alleging negligence by a business or organization, the plaintiff must show:
- The business had a legal responsibility to take reasonable steps to keep customers and guests safe from injury;
- The business failed to fulfill its legal responsibility;
- By its failure to uphold its legal duty, the business caused or contributed to the injuries suffered by the sexual assault victim;
- The victim suffered actual harm.
A knowledgeable personal injury lawyer at The Wilhite Law Firm will be able to analyze the situation, discuss your legal options, and help you determine the appropriate steps to take.
What Kinds of Compensation Can Be Obtained Through a Sexual Assault Civil Lawsuit?
A victim of sexual assault may pursue financial compensation by filing a personal injury lawsuit against the perpetrator and other liable parties. The types of compensation that may be sought include compensation for:
- Present and future medical care related to the assault
- Lost income from missed work
- Physical pain and suffering
- Emotional distress, including shock, humiliation, grief, and anxiety
- Loss of quality of life
- Punitive damages intended to punish the wrongdoer for malicious and wrongful conduct
Medical bills and lost income are also referred to as economic damages, while pain and emotional distress are known as non-economic damages. Punitive damages are limited to a sum equal to the total amount of economic and non-economic damages.
Our attorneys will gather your medical bills and consult with your doctor to estimate expected future medical treatment and counseling expenses as part of your recovery and will seek full compensation!
Insurance companies representing the defendants typically try to resolve these cases before a trial. Insurers do not want these cases to go before a jury. They are aware that sexual assaults and wanton acts of a sexual nature shock the conscience of the community and often prompt a jury to award significant damages.
If the case goes to court, you want an attorney who is a seasoned trial lawyer who can build a strong case, help you prepare, and present the evidence persuasively to a jury.
What Does It Cost to Hire a Lawyer to Handle My Sexual Assault Lawsuit?
At The Wilhite Law Firm, we are committed to the belief that victims of sexual assault should not have to pay out of pocket to seek justice for the harm they have suffered. We offer free and confidential consultations to discuss your concerns and your legal options.
If we handle your sexual assault injury case, our attorneys handle your case on a contingent fee basis. We do not get paid a legal fee unless we obtain money for our client through a negotiated settlement or a court award. If we do prevail in the case, we receive an agreed-upon portion of the final settlement or award to cover our legal fee and expenses.
Our sexual assault injury legal team will take seriously the harm that you have suffered and do everything possible to hold accountable those who caused your injury. We want to help you reach closure and move forward in a positive direction. Contact us today to discuss your legal options.
