How To File A Sex Assault Lawsuit In Washington

Statute of Limitations to File Sexual Assault Lawsuits in Washington

The statute of limitations refers to the amount of time you have to begin a case. It can sometimes feel frustrating to have to worry about meeting this deadline, but these statutes of limitations serve an important purpose.

Filing a claim within this timeframe helps ensure there is viable evidence available. Over time, the memories of witnesses can fade, and valuable footage can get deleted or misplaced, for example. When you file as soon as possible, you can give your claim its best chance of succeeding.

Each state has its own statute of limitations for sexual assault cases. In Washington, you typically have two years from the date of the assault to file a civil lawsuit. That’s the general timeline for any intentional tort case in the state.

If you did not discover the assault right away (like if you were attacked while incapacitated), you have three years from the time at which you discovered the assault.

Washington extends its timelines for the youngest victims of sexual assault. If you were sexually assaulted as a minor, the statute of limitations is longer. You have three years from your 18th birthday to file. If you didn't realize a physical or psychological injury was caused by the assault, you have three years from the date you discovered (or reasonably should have discovered) the connection.

Exceptions That May Extend the Deadline in Washington

In limited circumstances, the statute of limitations may be tolled, or paused. If you were a minor or incapacitated at the time of the assault, the deadline will likely be extended. These are some other factors that may give you more time to file:

• Your attacker deliberately concealed their involvement
• You were an active duty member of the military when you were assaulted
• Your attacker fled the state or deliberately hid to avoid detection

Exceptions to the statute of limitations are rare, and you should never assume one applies in your case without first consulting a lawyer. If you don’t meet these deadlines, you could be barred from recovering your losses.

What Allegations Go Into a Sexual Assault Civil Lawsuit?

If you’re considering filing a lawsuit for sexual assault in Washington, you might be worried about what goes into the lawsuit itself. The lawsuit will likely need to include your account of what happened, and your attorney should gather evidence to support your claims.

These claims involve you engaging in a sexual act against your will or when you were unable to give your consent. The latter can occur if you were not of the legal age of consent, which is 16 in Washington.

However, there are exceptions to this. If the sexual act involved someone in a position of power or trust, like foster parents or school employees, then even someone who is 16 may not have been able to give their consent.

How a Lawyer Can Help Survivors in Washington

When you work with a Washington personal injury lawyer experienced with sexual assault cases, you gain an advocate who can offer support, advice and legal guidance.

An attorney will begin the process by investigating the assault and gathering evidence. It’s not easy to prove that a sexual act occurred without consent, but experienced lawyers know how to collect medical records, journal entries and witness statements to support your claim.

They have access to expert witnesses, too. These witnesses can paint a clear picture of how serious an impact sexual assault can have on both the body and psyche.

An important step that attorneys can help you with is understanding who you may be able to hold liable besides the perpetrator. If the assault occurred because of unsafe premises, for instance, you could hold the owner of the location responsible.

It’s also possible to hold institutions liable. If you were assaulted at a summer camp, the camp runners or owners had a duty to ensure that everyone there was reasonably safe. If they were negligent, then they can be liable for the perpetrator’s devastating actions.

Attorneys will also know how to aggressively negotiate for the settlement you deserve after suffering such trauma. If necessary, they can even take your case to court.

Your choice of attorney can make a major difference in your case outcome, and ConsumerShield is ready to help you select the right lawyer for you. Fill out our contact form to start with a complimentary case review!