Survivors of rape and sexual trauma in Georgia have two types of legal action they can pursue: Civil justice and criminal justice. The two are entirely separate processes with different proof burdens and goals, but they may stem from the same act or series of acts.
State prosecutors will be responsible for pursuing criminal justice on your behalf, with the goal of punishing the offender for wrongdoing. Some cases may result in a measure of monetary restitution. Civil justice, however, is something you pursue, with the help of a civil trial attorney.
There are several reasons for consulting an Atlanta sexual assault lawyer after experiencing rape or sexual trauma. But first, it’s important to understand why it’s worth filing a civil sexual assault case in the first place.
The Goal of Civil Sexual Assault Litigation
Unlike criminal cases, the goal of civil cases is to “make whole” those who have been harmed by the actions of others. Of course, as survivors of sexual assault know, no amount of money is going to change what happened. But it can pay for things like medical bills, lost wages, and therapy. Courts also offer monetary damages for things like physical pain and suffering and emotional distress. Spouses may file a separate claim for something called “loss of consortium,” a derivative claim that claims damages for deprivation of the benefits of a family relationship due to injuries caused by the defendant(s).
Monetary damages can also be a compelling catalyst for change in the way companies, organizations, and institutions act to protect those potentially vulnerable to rape or sexual trauma. Many times, civil sexual assault claims aren’t filed directly against the abuser/attacker. They are filed against other entities or individuals who failed in their responsibility to protect the victim. Some examples include:
- Hotels that fail to provide adequate security to guests.
- Workplaces that fail to address repeated claims of sexual harassment, threats or assault.
- Schools that fail to protect students from sexual abuse or assault.
- Sports leagues, camps or other organizations that do not protect young participants.
- Nursing homes that do not protect vulnerable patients from dangerous staffers or other patients.
When these companies are held liable for their negligence in failing to protect individuals when they had a responsibility to do so, they are more likely to invest in safer practices in the future – so this doesn’t happen again.
In some civil cases, plaintiffs can request punitive damages. These are damages per O.C.G.A. § 51-12-5.1 that are awarded due to aggravating circumstances with the express intent of penalizing, punishing or deterring a defendant. In order to pursue punitive damages, plaintiffs need to show clear and convincing evidence that the actions of the defendant amounted to willful misconduct, fraud, wantonness, oppression, malice, or a complete lack of care indicating a conscious indifference of the consequences.
How an Atlanta Civil Sexual Assault Lawyer Can Help
It’s well-known that criminal justice cases alleging rape and sexual trauma can be difficult to win. That’s because sometimes, there is precious little physical evidence to prove what happened. Many of these cases are built on circumstantial evidence. The proof burden is high, requiring proof beyond a reasonable doubt.
Civil cases have a lower proof burden (proof by a preponderance of the evidence), but they can also be complex. If a criminal case is pending, the statute of limitations on your civil sexual assault claim may be tolled until that case is concluded. The conviction and evidence presented during the criminal case can also be used in the criminal case.
But as we mentioned before, many of these cases are not about collecting damages directly from the perpetrator (who often couldn’t pay even if you won). Instead, they are usually third-party liability cases. That means you’re going to be suing a business, government agency, or organization. Often, these entities have a great deal more legal resources than you do as an individual. What you should have is the benefit of an experienced civil trial attorney who is skilled, dedicated, well-resourced, and prepared to fight for justice on your behalf.
Civil sexual assault lawyers in Georgia work on a contingency fee basis, meaning you do not pay them attorney’s fees upfront. In fact, attorney’s fees aren’t paid at all unless you win. Most also offer free initial consultations to help you determine the scope, strength and general strategy of your case, should you choose to file.
The foregoing answers are not legal advice and are merely a general overview. You are advised to consult a lawyer to address your specific situation. For more information or to inquire about a free consultation, contact Stephen D. Apolinsky, an experienced Atlanta injury attorney, at Apolinsky & Associates at (404) 377-9191 or email him at steve@aa-legal.com.
