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Recent statistics from RAINN (rape, abuse, and incest national network) suggest that sexual assault happens almost every minute in America. What makes the situation even more disturbing is that only about 25 out of every 1,000 culprits are ever held accountable in a court of law. One reason for this is that the standard of evidence in criminal court is quite high.
If you don’t get justice in criminal court, then there may be other options for you. Speaking with a Chicago sexual assault attorney can help you get a better idea of whether you have enough evidence to pursue a civil lawsuit against the perpetrator. This legal action is designed to help you recover financially from the traumatizing experience. Learn more about sexual assault lawsuits and how Kermani LLP can help you get financial justice below.
Understanding Sexual Misconduct in Chicago
Sexual misconduct in Chicago can take on many forms. From rape to non-consensual sexual touching, many of these types of actions are considered criminal offenses. On top of that, a perpetrator can be held civilly liable for this type of egregious behavior towards someone else, too.
Sexual misconduct victims are typically harmed as a result of a power imbalance, so filing a claim or reporting the incident can feel intimidating. That said, victims need to know that there are strong, compassionate legal advocates out there ready to step in and pursue justice while also keeping them safe.
Types of Sexual Misconduct Claims
Sexual misconduct can happen in a variety of contexts and many different ways. Here are some of the most common types of sexual misconduct claims:
- workplace sexual harassment;
- sexual assault personal injury claims;
- dating violence;
- rape;
- sexual assault involving a minor;
- sexual exploitation;
- retaliation;
- human trafficking;
- domestic violence.
Legal Options for Victims of Sexual Misconduct
There are many ways of navigating a sexual misconduct situation. Depending on the nature of the incident, the severity of the offense, and the significance of your losses, it might be in your best interest to take legal action against abusers, especially when those perpetrators could harm someone else.
You have the option of pursuing criminal charges in court. This strategy will punish the offender and potentially prevent them from committing future crimes.
Another option you have is to seek out a civil lawsuit for monetary damages. Sexual assault or sexual harassment lawyers in Chicago can help you pursue a claim by securing the right evidence, building up your claim, and negotiating with the responsible party. You might be able to file a lawsuit against someone other than the person who committed the crime if another party’s negligence in preventing sexual misconduct contributed to the attack. For instance, an employer who knowingly hired an abuser and left you alone with them could potentially be held civilly liable for the incident.
Damages and Compensation for Victims
If you have the basis to file a civil lawsuit, you recover compensation that fully covers the extent of the losses you suffer as a result of the attack. These losses might include damages in the form of medical bills, compensation for emotional pain and suffering, or money to help you cover the costs of therapy.
Who Can Be Held Liable?
Depending on the circumstances of your incident, there could potentially be multiple parties that are held liable for the attack. The most obvious party that can be held liable after a sexual incident is the person who perpetrated the attack. Since that person caused an injury, they should be held legally responsible to pay for the fallout of their behavior.
Another party that could be held liable is your employer. Sexual misconduct in workplaces can’t always be prevented, but there are circumstances where the employer is negligent. For instance, if you made the company aware of sexual misconduct and they failed to act, they might be held responsible for future incidents. Liable organizations or employers are also responsible when they intentionally hinder you from reporting sexual misconduct to the police.
Another party that could potentially be held liable would be a business or property owner when negligent security is a factor in the attack. Property owners have an obligation to secure their premises, which could include installing security cameras or preventing their abandoned properties from being used as hubs for criminal activity.
How Kermani LLP Lawyers Can Help
When you’ve been involved in a sexual assault, it’s common to feel extremely vulnerable. Here at Kermani LLP, our lawyers will stand up and fight for you. You do not have to feel alone or powerless against your attacker. We will help you get justice by analyzing the facts of your case, valuing your losses, filing the right paperwork, fielding negotiations, and fighting for your best interests throughout the process.
How to Contact Our Chicago Office
Are you ready to get in touch with our attorneys here at Kermani LLP about your recent assault? Our Chicago sexual abuse lawyers understand how traumatic the situation you’re facing is right now. We want you to focus on healing and recovering. Let us handle the legal aspects of your situation.
You can get in touch with our firm by giving us a call directly, simply dial (855) 537-6264. If you’d prefer, you can also leave your contact details on our online form. We will reach out to you as soon as possible.
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Frequently Asked Questions
What is the difference between sexual assault and sexual abuse in Illinois?
Under the law in Illinois, sexual abuse is defined as any forceful sexual conduct that’s committed with the knowledge that the victim can’t fully consent. This type of crime begins as a class a misdemeanor punishable by up to one year in prison, but it can be upgraded depending on the severity of the offense. Sexual assault, on the other hand, is specifically forceful sexual penetration in a situation where the victim can’t give consent. This type of crime begins as a class 1 felony, meaning a conviction could result in up to 15 years behind bars.
How do I report a sexual assault in Chicago?
To report a sexual assault in Chicago, you need to call the Chicago Police Department directly and request that the police generate an incident report. You should always call 911 if you’re in immediate danger, otherwise, contact the non-emergency department in your local area. In Chicago, you’d want to call (312) 746-6000.
What are the steps in a sexual assault lawsuit in Illinois?
After an assault that leads to injuries, start collecting evidence that proves your injuries and who caused them. Your first steps should involve getting medical attention and telling the police what happened. Any evidence conducted during a police investigation can be used in your lawsuit, even if the case didn’t result in a criminal conviction. You’ll also want to document other losses you suffered, like lost time off of work. Next, consider consulting with an attorney to determine how to move forward with a case.
Can I seek damages for emotional trauma after a sexual assault?
Yes. Emotional trauma is considered a type of non-economic damage in a personal injury sexual assault lawsuit. You can seek out compensation for emotional trauma, but determining the value of those losses will be difficult. Typically, courts will assign a multiplier value to your non-economic losses and multiply that by the sum of your economic losses to determine a financial amount that covers your emotional distress or trauma.
What confidentiality protections are in place for sexual assault victims in Chicago?
Sexual assaults are violent crimes, and they’re often perpetrated by people who know their victims. That said, laws in Chicago help protect survivors from repeated victimization through the Illinois Address Confidentiality Program. This allows victims to utilize a substitute, fake address in place of their real one to prevent further harassment and attacks. This move is significant since publicly available documents will list the victim’s address. Using this program, they won’t be at risk. It’s also recommended that victims contact a rape crisis center for more information on how to develop a safety plan after being assaulted.
How can a lawyer help with the criminal aspect of a sexual assault case in Illinois?
Your lawyer will be your best legal advocate when it comes to dealing with the aftermath of your assault. You need to focus on your physical, mental, and emotional well-being. Let your attorney handle all the legal and criminal aspects of your situation. An attorney will work to secure the right evidence to prove your case. They’ll file the right paperwork, contact the right parties, and make sure that your rights are upheld throughout the process of seeking justice.
What evidence is crucial in a sexual assault case in Chicago?
Evidence that proves what happened and your losses will be crucial in a Chicago sexual assault case. This evidence could come in the form of medical bills, police reports, investigator’s conclusions, physical evidence like DNA from a rape kit, video footage, witness statements, and more.
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