How To File A Sex Assault Lawsuit In South Carolina

Statute of Limitations to File Sexual Assault Lawsuits in South Carolina

Making the decision to file a sexual assault lawsuit can be a big one, but remember that time is limited. In South Carolina, the statute of limitations for most sexual assault lawsuits is three years. If you want to file a lawsuit based on childhood sexual abuse, the statute of limitations is different. You must file by the later of these two deadlines:

• Six years after you turn 21
• Three years after you discover that the sexual abuse caused your injury

It can be stressful to have to worry about a legal deadline if you faced a sexual assault in South Carolina, but keeping track of the statute of limitations is important. If you miss the timeline, then you may not be able to recover any losses for what you’ve been through.

Similarly, although you have years to file a lawsuit after sexual abuse, it’s best to contact an attorney as soon as possible. Sexual assault cases already present many challenges, since evidence is not always easily available. If you wait too long, then witnesses may not remember details clearly, and any evidence that did survive the assault might no longer paint as clear a picture as you need.

Exceptions That May Extend the Deadline in South Carolina

In limited cases, the circumstances of your sexual assault in South Carolina may extend the statute of limitations. These are some examples:

• You were sexually abused within an institution that engaged in a cover-up
• You were threatened into silence
• Someone in power misled you about the viability of your claim

You should never assume you qualify for an exception to the statute. Always talk to a lawyer first so that you don’t lose your chance to hold the liable parties accountable for the suffering they caused you.

What Allegations Go Into a Sexual Assault Civil Lawsuit?

A sexual assault civil lawsuit alleges that someone intentionally engaged in sexual contact with you without your consent. Establishing that consent was not present is one of the most difficult aspects of these cases because it tends to be your word against that of the perpetrator.

Typically, your lawyer will help you gather evidence to support your allegations:

• Your testimony or written statement
• Forensic exam results
• Medical treatment records
• Photos of your injuries
• Police reports
• Surveillance footage
• Electronic communications between you and the assailant

In many cases, these lawsuits settle before going to court. However, if no settlement can be reached, your lawyer may take the case to trial.

Who Can Be Liable in a Sexual Assault Civil Lawsuit?

Liability in these cases can be complex. That is often because there may be more than one party whose conduct resulted in your injuries.

Aside from the perpetrator, you can hold responsible any institutions that should have kept you safe and failed to do so, as well as employers who hired the perpetrator. This is possible through vicarious liability laws, which state that the principal is responsible for the actions of their agents.

For instance, if you were assaulted at summer camp by a counselor, the institution that runs the camp could be liable, as well as whoever hired the counselor. They owed you a duty to provide a reasonably safe environment and did not do so.

In some instances, the owner of the property on which the assault occurred could be responsible, too. An example would be if the owner of a store didn’t offer a reasonably safe parking lot for customers. If the space didn’t have enough lighting or security guards, then that can be seen as negligence.

How a Lawyer Can Help Survivors in South Carolina

Navigating the aftermath of a sexual assault can be exhausting and confusing. However, if you decide to file a sexual assault lawsuit, you don’t have to do it alone. The right South Carolina personal injury lawyer can help you understand the process and determine your next steps.

They can assist you in gathering the most pertinent evidence while also calculating the full damages you deserve after what you suffered. These damages can be complicated to estimate, especially if the assault occurred in your childhood and potentially impacted the rest of your life.

Your lawyer can also negotiate with insurance companies. This can be particularly difficult in sexual assault cases because insurers may turn to any tactics to try to minimize your claim. Many will outright state that the assault never occurred, which can be painful. Fortunately, your attorney can aggressively fight for fair compensation and your rights.

If you’re wondering how to connect with an attorney, we can help! At ConsumerShield, we’ve made it our mission to ensure those in need of legal help can connect with nearby lawyers. Fill out our contact form to get started with a free case review!