How To File A Sex Assault Lawsuit In South Carolina
Contributor
Reviewed By Adam Ramirez, J.D.
Editor
Summary
- In most cases, state law gives you 3 years to file a sexual assault lawsuit
- You may have longer if you were sexually abused as a minor
- An attorney can help you understand your legal options going forward
When most people think of personal injury cases, they imagine car accidents and injuries from defective products. However, because sexual assault can lead to grave physical and psychological injuries, you may also file a lawsuit against a perpetrator.
It can take courage and commitment to file a lawsuit against someone who committed sexual assault, which is why sexual assault lawyers can be such a valuable partner in the process. Learn more about what it takes to file a lawsuit for sexual assault in South Carolina.
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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 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
Although you have years to file a lawsuit after sexual abuse, it’s best to contact an attorney as soon as possible.
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.
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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. 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.
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.
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!
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Frequently Asked Questions
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Sexual assault settlement amounts can vary considerably, and each case is unique. The best way to determine your case’s value is to speak with a South Carolina attorney.
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Yes. The outcome of a criminal case has no bearing on the outcome of a civil case. The burden of proof in a civil case is lower than in a criminal case, so you could still win a civil lawsuit if your assailant wasn’t convicted.
