How To File A Sex Assault Lawsuit In Wisconsin
Contributor
Reviewed By Adam Ramirez, J.D.
Editor
Summary
- The effects of a sexual assault can be serious and long-lasting
- You can file a sexual assault civil case to hold perpetrators to account
- There is a limited amount of time to begin a sexual assault case
After a sexual assault, victims are often faced with significant physical and emotional obstacles to overcome. It can be daunting trying to decide how to seek closure, especially when trying to hold the perpetrator accountable for the harmful actions they’ve taken.
Victims tend to think that a criminal case is the only way to obtain closure, but another option is a civil lawsuit for sexual assault. These are claims that rely on personal injury law, so you can begin them without having to wait for a prosecutor to take on the case. The burden of proof is also lower than it would be in criminal court.
Filing a lawsuit after experiencing a sexual assault in Wisconsin gives you the chance to obtain compensation for what you’ve suffered. Beginning these cases is complex, however, and requires assistance from a skilled and compassionate Wisconsin personal injury lawyer. Learn more about the process.
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Statute of Limitations to File Sexual Assault Lawsuits in Wisconsin
Survivors of sexual assault may understandably be hesitant to face their perpetrator in court. However, it’s essential to make the decision to take legal action in a timely manner.
The statute of limitations typically starts running from the moment that the assault occurs. This deadline helps to ensure that the claims that are brought forward, either criminally or civilly, still have witnesses and clear, viable evidence available. As time passes, that becomes more difficult to obtain.
The statute of limitations for sexual assault in Wisconsin is three years. It’s never a good idea to wait that long to begin the claim. While it can be scary to think about pursuing legal action, a skilled attorney can provide support and guidance you need along the way.
Exceptions That May Extend the Deadline in Wisconsin
The state of Wisconsin provides additional protection for young victims of sexual assault. If the assault involves a minor, the statute of limitations can be extended until the person reaches the age of 35. There may be other circumstances that result in exceptions, such as if the defendant leaves the state before the survivor can file the lawsuit.
If the plaintiff is incapacitated in any way, then the statute of limitations can be tolled, or halted, until the incapacitation is resolved. If someone is in a coma or interned in a psychiatric hospital, for example, it would be impossible to require them to begin any type of legal action. The law recognizes that it would be unfair to keep the clock running.
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What Allegations Go Into a Sexual Assault Civil Lawsuit?
To file a sexual assault civil lawsuit, you must prove that the sexual activity you were involved in was not consensual or that you were not able to grant consent. The latter occurs if you were intoxicated, mentally disabled in some form or underage.
In Wisconsin, the legal age of consent is 18, which means that anyone below that age cannot consent to any form of sexual activity. Wisconsin doesn’t have Romeo and Juliet laws, either, which would provide an exception to statutory rape if the defendant is very close to the victim’s age.
How a Lawyer Can Help Survivors in Wisconsin
An attorney can investigate the assault and gather evidence that can prove who was responsible. Proving that you did not grant consent is challenging because there are often no witnesses to sexual assault. Your attorney will work diligently to find proof that can help your claim, including any communications between you and the defendant, medical records that show signs of force and many other factors.
They will also have access to expert witnesses who can corroborate the impact that the assault has had on your life. Psychologists can explain the serious trauma that comes with these attacks, for instance, which can help establish that you deserve compensation for your suffering.
Your lawyer can also determine the various parties that you may be able to file a claim against. This is not always clear. There could be vicarious liability laws that could hold employers responsible for the actions of their employees, and even premises liability laws could come into play.
You may not know how much your claim is worth. This could lead you to undervalue it and walk away with a much lower settlement than you deserve. Your attorney will calculate your economic and non-economic damages so that you can receive fair compensation.
After putting a strong case together and having a clear idea of the damages you should receive, a lawyer can then begin negotiating for fair sexual assault settlement amounts. If that’s not possible, then there is the option of taking the case to court.
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Trusting Dependable Attorneys for a Sexual Assault Lawsuit
After living through a sexual assault in Wisconsin, you need assistance from experienced attorneys to help you obtain compensation. At ConsumerShield, we can connect you with trusted lawyers in your area. Contact our team to get started.
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Frequently Asked Questions
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Yes. As part of non-economic damages, you can file for pain and suffering and loss of enjoyment of life. These address the physical and emotional distress you’ve experienced.
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Personal injury lawyers don’t charge upfront fees. They will get a percentage of your winnings. The exact percentage can vary slightly from one attorney to the next, so make sure to ask about this before deciding on the right person.
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Every case is different. Insurance companies and juries will look at the severity of the assault, how it has impacted your life, whether you will require significant medical care and a variety of other factors to determine your compensation.
