Colorado Springs Sexual Assault Lawyer
Few experiences are more traumatizing than a sexual assault, but unfortunately, this happens all too often in the United States. Not only is sexual assault a crime, but victims may also seek compensation for the injuries and emotional distress that their assailants cause.
At Wilhite Law Firm, we adamantly believe in holding wrongdoers accountable. We represent victims of sexual assault, whether it occurred while at work or in private.
Contact our compassionate legal team at The Wilhite Law Firm for a free and completely confidential consultation with a Colorado Springs sexual assault attorney. You should not have to face the legal system alone, and your perpetrator should face full prosecution for the sex crimes committed.
Can a Sexual Assault Victim Sue the Assailant for Compensation in Colorado?
Yes. While the police may also be investigating the accident, and the assailant may face criminal charges, the victim may also sue the assailant for civil damages. The two matters are completely separate. A victim can pursue a civil lawsuit over sexual assault even if the assailant is acquitted or never charged.
The evidentiary burden for receiving civil damages is lower than that of a criminal trial. While the prosecutor will need to prove the assailant’s guilt “beyond a reasonable doubt,” the victim only needs to show that the assailant was responsible “by a preponderance of the evidence.” In other words, the victim’s lawyer must prove that it is more likely than not that the assailant was at fault.
In addition to suing the assailant, the victim may also be able to hold the assailant’s employer liable as well under certain circumstances. The owner of a business or an organization might face liability for a sexual assault if its negligence contributed to the attack.
What Types of Organizations and Businesses May Be Liable for a Sexual Assault?
Though typically individual sex offenders are responsible for committing sexual assaults, there are some instances where a business or organization can be held accountable for the acts of its employees placed in a position of trust. In these situations, a company may have failed to properly investigate employees before hiring them, ignored a pattern of misconduct, or otherwise failed to look out for the safety of their guests or other employees.
Some of the more common types of businesses that may be held responsible for sexual assaults committed by employees include:
- Hospitals or healthcare facilities
- Gyms or spas
- Colleges or schools
- Church organizations
- Apartments or hotels
This list is not exhaustive. There are many possible instances where the employer can also be liable when their employees harm others via sexual abuse while on the job.
What Does the Victim Have to Prove to Hold the Assailant’s Employer Accountable?
As in any personal injury case, to seek compensation from the assailant’s employer, a victim must prove all the elements of negligence against them. The mere fact that the assailant was an employee of a business is not enough to hold the business liable. Instead, the victim must show:
- The business had a duty to keep guests or employees safe.
- The business breached this duty.
- The victim suffered harm.
- The business’s breach caused or contributed to this harm.
A business can breach this duty by failing to properly supervise its premises, failing to screen its employees before hiring, failing to terminate employees after receiving complaints about inappropriate behavior, or many other ways. The victim then needs to show that if the business had upheld its duty, the assault would not have occurred.
Proving all of these elements can be legally complex, which is why it is often in a victim’s interest to consult with an attorney right away. An experienced Colorado Springs sexual assault attorney at Wilhite Law Firm knows what kind of evidence is needed to support each element of your claim and can guide you on the path to recovery.
What Kinds of Compensation Can Be Obtained Through a Sexual Assault Civil Lawsuit in Colorado?
There are various types of damages a victim may be able to recover from the assailant or another responsible party, depending on the types of expenses and costs incurred. Some of these types of damages include:
- Medical expenses
- Cost of mental health treatment
- Lost wages due to an inability to return to work
- Emotional distress
- Pain and suffering
The aftermath of a sexual assault, rape, or statutory rape can be long-lasting or permanent. In addition to the initial treatment a victim may have undergone to treat the physical and psychological effects of a sexual assault, it is important to also consider the long-term effects. For example, if a victim is likely to have to undergo regular therapy for the rest of their life, an attorney may be able to help prove to a jury that the at-fault party should be responsible for these future costs as well. Similarly, if the attack left a victim unable to enjoy life the way they used to, these may be compensable damages as well. It is crucial not to undervalue a claim. Although it is impossible to quantify the suffering a victim is feeling, a fair settlement may be able to allow them to get their life back on track.
In some cases, victims may also be awarded punitive damages. Punitive damages are different from the other types of damages because they are meant to punish the wrongdoer. Whereas economic and non-economic damages are designed to compensate for what the victim lost in the accident, punitive damages are reserved for egregious cases.
How Much Does a Sexual Assault Lawyer Cost in Colorado Springs?
Sexual assault victims’ attorneys in Colorado Springs typically work on a contingency fee basis. At Wilhite Law Firm, our clients do not owe us anything unless and until we win their case. Our sex crime attorneys cover all of the upfront costs, so our clients do not have to worry about affording a lawyer. If we win a settlement or jury verdict, we are paid a portion of the damages award.
Your Colorado Springs, Colorado sex crime lawyer will explain the fee agreement before they begin your representation. We believe every victim should be able to afford a lawyer.
Contact Us for a Confidential Consultation with a Colorado Springs Sexual Assault Attorney Now
The Colorado Springs CO sexual assault attorneys at Wilhite Law Firm have decades of experience representing injury victims. Our firm was born out of a culture of justice, which is why we work so hard to protect our clients’ legal rights after they have suffered a sexual assault. We have worked across the entire state of Colorado and settled tens of thousands of cases.
Contact our firm now for a free and confidential consultation about your sexual assault crimes case. Allow us to take on the burden of the legal system while you focus on recovering.
