How To File A Sex Assault Lawsuit In Nevada
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Reviewed By Adam Ramirez, J.D.
Editor
Summary
- Victims can pursue justice through a sex assault lawsuit in Nevada
- These lawsuits can be filed against any perpetrator or enabler
- Sexual assault lawsuits are generally subject to a two-year filing timeline
Sexual assault can cause a wide range of physical and mental injuries for victims. If you suffered from this type of personal assault, it’s important to know that you have options to seek justice and hold perpetrators accountable. State law allows survivors to pursue compensation from anyone who perpetrated or enabled sexual abuse in Nevada.
The laws surrounding sexual assault in Nevada can be complex, however, which is why it’s important to have a compassionate, experienced legal professional on your side.
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Statute of Limitations to File Sexual Assault Lawsuits in Nevada
Formerly, one of the greatest hurdles when pursuing a claim for sexual assault in Nevada was the two-year statute of limitations for civil assault and negligence lawsuits. This deadline still applies to certain claims, but there are now some exceptions when it comes to sexual assault cases.
Exceptions That May Extend the Deadline in Nevada
Nevada created three exceptions to its normal statute of limitations for claims involving sexual assault in Nevada perpetrated against a child. First, there’s no time limit to file a lawsuit against a perpetrator for child sexual assault or abuse.
Similarly, there’s no deadline to file a lawsuit against a perpetrator for victims of child pornography. Finally, a person sexually assaulted or abused as a child has up to 20 years after turning 18 to file a lawsuit against anyone who knowingly benefited from or covered up the sexual assault.
The state also has an exception for adult survivors, though it is a bit narrower. There’s no time limit to file a lawsuit against the perpetrator of sexual assault in Nevada if the plaintiff was assaulted as an adult. However, the shorter two-year time limit still applies to all other claims involving an adult survivor, such as claims against people who enabled the abuse, but did not commit acts of sexual assault themselves.
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What Allegations Go Into a Sexual Assault Civil Lawsuit?
A sexual assault lawsuit against a perpetrator falls under intentional tort law. Specifically, a lawsuit for sexual assault in Nevada could allege any of these claims:
- Assault
- Battery
- False imprisonment
- Intentional infliction of emotional distress
- Negligent infliction of emotional distress
A survivor can also pursue a negligence claim against any party that enabled the assault.
These negligence examples might apply to a sexual assault case:
- Negligent hiring
- Negligent supervision
- Negligent training
- Negligent security
To prove these cases, the plaintiff would allege that the party owed the plaintiff a duty to act with reasonable care but failed to live up to it.
How a Lawyer Can Help Survivors in Nevada
A Nevada personal injury lawyer understands the complex laws that apply to sexual assault lawsuits and is familiar with court procedures when filing and litigating cases. Most importantly, a local law firm will likely be aware of any other similar allegations that might assist in the case.
ConsumerShield helps survivors of sexual assault understand their rights. Contact us for a free case review and assistance in finding a lawyer for your case today.
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Frequently Asked Questions
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Personal injury lawyers typically charge a contingency fee calculated as a percentage of the compensation recovered in a case.
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Nevada does not require survivors to prove an assault occurred if the perpetrator was convicted in criminal court. Thus, in these cases, the plaintiff can skip directly to proving causation and damages.
