How To File A Sex Assault Lawsuit In Nevada

Why File a Sexual Assault Lawsuit?

If you’ve just lived through the trauma of a sexual assault, reporting it to the police can compound that trauma. While reporting the assault can be an emotionally difficult experience on its own, it’s still an important part of protecting your rights.

Statistically speaking, a report alone is unlikely to ultimately hold the perpetrator accountable, though. For every 1,000 sexual assaults:

• 50 reports lead to arrests
• 28 cases lead to felony convictions
• 25 perpetrators are sentenced to incarceration

Some survivors determine that reporting the assault to police isn’t worth re-traumatizing themselves. Others make a report only to find that the perpetrator was not held accountable. Still others see their perpetrator convicted, but they want to recover compensation for the pain they’ve endured.

In any of these situations, filing a sexual assault lawsuit may help you get the justice you’ve been seeking. The first step toward justice is finding a capable attorney.

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.

Navigating the rules surrounding the statute of limitations can be challenging for anyone. A personal injury lawyer experienced with sexual assault cases can explain which deadlines apply and tell you how long you have to file a lawsuit.

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

For instance, imagine you work at a coffee shop. Your employer hires someone new, and the new hire sexually assaults you. After the assault, you discover that the new hire was recently convicted of rape, but your employer didn’t run a background check.

Because the new hire is responsible for his own actions, you could pursue a civil lawsuit against him. However, your employer very likely has some level of civil liability for the assault as well. Had they conducted a proper background check, they would have seen the conviction for rape and declined to hire the new employee.

Can You File a Lawsuit if You Never Reported the Assault to the Police?

Sadly, many survivors miss out on justice because they incorrectly believe they must have reported the assault to the police to file a lawsuit. In Nevada, you may pursue civil action for sexual assault even if you made no report.

However, if you want to pursue criminal charges and file a lawsuit, it’s usually best to pursue the criminal charges first. That’s because the burden of proof for criminal cases vs. civil cases differs in these key ways:

• Criminal: You must prove the defendant’s guilt beyond a reasonable doubt.
• Civil: You must prove that it’s more likely than not that the defendant is guilty.

Since the burden of proof is higher in criminal cases, a win in criminal court is very likely to lead to a win in civil court.

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.