How To File A Sex Assault Lawsuit In Massachusetts

Statute of Limitations to File Sexual Assault Lawsuits in Massachusetts

It takes courage to stand up against perpetrators of sexual violence. You may struggle to face what someone else has done to you, and you might be unsure of what steps you should take after suffering an assault. This could all lead you to delay the process of starting a claim.

But it’s important to understand that there is a statute of limitations that you must abide by for sexual assault lawsuits. In Massachusetts, you generally have three years from the date of the assault. If you miss this deadline, you may not be able to recover any losses.

Exceptions That May Extend the Deadline in Massachusetts

Exceptions do apply in some cases for the statute of limitations for sexual assault in Massachusetts. If you were underage when the assault occurred, for example, the timeline will be tolled until you come of age. The legal age of consent in the state is 16.

For those who were incapacitated or disabled at the time of the attack, the clock will start running when they are no longer incapacitated. It’s also possible to toll the statute of limitations if the defendant leaves the state before you’re able to file a claim.

What Allegations Go Into a Sexual Assault Civil Lawsuit?

In a sexual assault lawsuit, the allegation is that you were made to engage in sexual activity without your consent or that you could not have granted that consent because you were a minor or were in any way incapacitated.

No one under 16 can consent to sexual acts, even if the other party is also under 16. That’s because Massachusetts doesn’t have any “Romeo and Juliet laws,” which provide exceptions to statutory rape laws in other states.

How a Lawyer Can Help Survivors in Massachusetts

Hiring a lawyer after a sexual assault in Massachusetts can make the process of filing a claim easier. They can begin to gather the necessary evidence to corroborate your claim. This is often a very complex part of the process because evidence may not be readily available. It can be difficult to get physical proof, and witnesses may not be available, so you should not attempt this step alone.

Your lawyer will also have access to expert witnesses who can offer testimonies on how an assault could have impacted your life. This is essential when establishing the emotional distress you’ve experienced.

Another vital reason to have a personal injury lawyer by your side when filing a claim is that they will be able to identify all of the liable parties. It may not just be the perpetrator of the assault who could be responsible for your losses.

If the assault occurred in school or at church, for example, the institution owed you a duty of care to offer reasonable safety. If negligence caused the institution to fail in that duty, you can file a claim against it. The same is true if a property owner’s negligence resulted in the assault.

With an attorney, you will have a better sense of the types of damages you may be entitled to. You may have a clear idea of the medical expenses you incurred and the wages you lost, but you might not know how to quantify your physical and emotional suffering. Your lawyer can assist you in putting a number to what you experienced.

They will also know how to negotiate to obtain an appropriate settlement. Negotiations are commonly contentious, but they can be even more painful when dealing with a sexual assault case. The last thing you need is to be re-traumatized. Your lawyer will fight for your rights and be your shield against the various tactics that insurers may try.

If reaching a settlement isn’t possible, then your attorney can take the case to court. This is a long and complex process that requires experience to navigate, so you should not attempt it without assistance.

File a Civil Lawsuit With Help From ConsumerShield

At ConsumerShield, we can connect you with attorneys in Massachusetts who have experience with these particular types of cases. With the right team by your side, you can receive the support you need as you navigate this difficult process. Contact us to learn more about our services today.