How To File A Sex Assault Lawsuit In Arizona
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Reviewed By Adam Ramirez, J.D.
Editor
Summary
- A sexual assault can wreak havoc on a person’s mind and body
- Survivors can pursue compensation after an assault by filing a lawsuit
- An attorney can help you obtain a settlement for the harm you suffered
Experiencing sexual assault in Arizona can leave you with physical and psychological injuries. To be able to hold perpetrators accountable for the harm they cause, you may be entitled to file a civil lawsuit against them, seeking justice and compensation.
Personal injury law doesn’t require you to wait for the outcome of a criminal case to file one of these lawsuits, and you don’t need to meet the same burden of proof either. Instead of proving that the assault occurred beyond a reasonable doubt, you would need to show that it happened by a preponderance of the evidence.
With help from an Arizona personal injury lawyer, you can focus on healing while your team fights for the compensation you deserve. Learn more about what a tort dealing with sexual assault requires.
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Statute of Limitations to File Sexual Assault Lawsuits in Arizona
As with all other types of personal injury lawsuits, there are statutes of limitations you must abide by when you file a sexual assault lawsuit against a perpetrator of sexual violence. These limitations serve to ensure that cases are brought forward when there is still evidence available and when witnesses have a fresh memory of what occurred.
In Arizona, you have two years to begin your claim. You should never wait that long, however. By hiring an attorney as quickly as possible after the assault occurs, you have a better chance of receiving the compensatory damages you deserve for your trauma.
Exceptions That May Extend the Deadline in Arizona
If the other party left the state before you were able to file a lawsuit, the statute of limitations is tolled until they return. As soon as they come back to Arizona, the clock starts ticking again.
Another exception involves minors. If you were under the legal age of consent, which is 18 in Arizona, then the timeline will begin running when you reach 18. Additionally, survivors who have disabilities can toll the timeline until the disability is no longer a factor.
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What Allegations Go Into a Sexual Assault Civil Lawsuit?
To file a lawsuit after sexual assault in Arizona, you must demonstrate that the sexual activity in question occurred without your consent or that you were not able to grant your consent. That can occur if you were intoxicated, suffering from a mental disability or were underage.
Proving that you didn’t consent to the sexual act is most often the biggest challenge. The nature of the crime means that there tend to be no witnesses. Even if there is physical evidence, it’s difficult to prove a lack of consent. Because of these issues, you need an experienced personal injury lawyer to guide you.
How a Lawyer Can Help Survivors in Arizona
An attorney can assist in showing that the perpetrator did not have consent and that they acted against your will. To accomplish this, your lawyer will gather a variety of evidence. This can include medical records, diary entries and witness statements.
One essential way that lawyers can help is by working with expert witnesses. These are professionals in a variety of fields who can corroborate the severity of your injuries, how an assault can impact your life and what kind of treatments, both physical and psychological, you may need going forward.
It’s not always simple to pinpoint who may be liable for the assault. There may be other responsible parties in addition to the perpetrator. Vicarious liability allows you to hold an employer accountable for the actions of an employee in some instances, so if you were assaulted in a store, you may be able to file against the defendant’s employer.
You could also hold an institution liable for the assault if it was in any way negligent. If it knew of previous assaults and did nothing about them, for example, it could be responsible.
Your lawyer will also assist you in understanding the types of damages you may be able to receive. They will consider the extent of your injuries, medical expenses, the assault’s impact on your life and numerous other factors to come up with a figure that would leave you with fair compensation.
As soon as they have an idea of the total damages you could receive, your lawyer will begin to negotiate aggressively for a settlement that covers all of your losses. If the negotiations don’t offer the kind of compensation you need, your lawyer can choose to pursue a case in court.
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Filing a Claim After a Sexual Assault in Arizona
If you were assaulted, you have the right to hold the perpetrator financially accountable for your losses. To do so, one of the most important steps you can take is to hire an attorney. At ConsumerShield, our team can assist you in finding the right legal counsel. Contact us to learn more about our services.
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Frequently Asked Questions
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No. These are two separate types of cases, and the outcome of one doesn’t impact the other. If the state chooses to pursue criminal charges, you can still begin your claim whenever you prefer.
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There is no way to know what these cases can be worth without consulting a lawyer. Typically, factors that impact your compensation include the severity of the attack, the resulting injuries and the quality of the evidence.
