1 in 3 women experience sexual assault or sexual violence in their lifetime. This global statistic from the World Health Organization (WHO) illustrates the pervasiveness of sexual violence across cultures worldwide. Additionally, approximately 46% of men report sexual violence in their lifetimes in the United States – although there is speculation that this figure is underreported due to stigma.
This all-too-common crime is reprehensible, and we believe the perpetrators of such acts must be held accountable for their actions. So if you are here to understand what to do next after you or a loved one was sexually assaulted, our Denver sexual assault lawyer at Kane Dulin McQuinn Young can help explore your options.
Regardless of if you have a successful criminal case, we can support you through a civil proceeding against the individual or individuals in question. For our clients, we always attempt to recover the maximum possible compensation for the damages received in the wake of sexual assault.
Contact our Denver personal injury attorney today for your case review.
Why Do I Need A Denver Sexual Assault Lawyer?
If you are exploring the avenue of civil litigation in the aftermath of a sexual assault, you likely already have an active criminal proceeding underway.
But you may be asking yourself: why would a sexual assault victim need a lawyer if the state of Colorado will bring the perpetrator to justice?
While that is accurate that a perpetrator of a sexual assault can be punished for his or her crimes, that does nothing for the victim except for letting them know that justice was served.
In contrast, a civil case can provide the victim of sexual assault damages that can compensate them for the economic and non-economic impact of the incident. Studies have shown that the lifetime impact of a sexual assault is $122,461 per victim, which includes medical expenses and lost wages.
Therefore, if a sexual assault victim chooses to pursue a civil case, they can recover damages to help with these costs and our Denver sexual assault attorneys can help.
What Constitutes Sexual Assault in Colorado?
The Colorado Statutes outline the basic definition of a perpetrator of sexual assault as “any actor who knowingly inflicts sexual intrusion or sexual penetration on a victim.” There are specific definitions as to what constitutes felony or misdemeanor sexual assault in this portion of the Colorado statute.
Civil Claims for Sexual Assault in Denver
Sexual assault can happen to anyone, anywhere, at any time regardless of a person’s age, relationship status, race, gender, sexual preference, or mental capacity.
Sexual assault can include but is not limited to:
- Any type of unwanted or forced sexual contact or behavior;
- Threats or being in a state of fear for noncompliance with sexual advances;
- The perpetuation of fraud for sexual favors in the workplace;
- Being unaware or unconscious while the sexual act is occurring;
- Being under the influence of drugs or alcohol while the sexual act is occurring and the perpetrator knows or reasonably should know of the intoxication;
- Being mentally incapacitated or physically disabled while the sexual act is occurring and the condition is known or reasonably should be known by the perpetrator; and
- Having a mental disease or defect, or physical disability while the sexual act is occurring which is known or reasonably should be known by the perpetrator.
A victim of sexual assault in Denver can pursue their assailant in civil court whether their assailant is charged and convicted or acquitted of any crimes. Civil court and criminal court are wholly separate entities with different burdens of evidentiary proof.
In criminal court, a prosecutor for the state must prove an assailant’s guilt “beyond a reasonable doubt” to secure a criminal conviction. The civil court only requires a victim’s attorney to prove fault “by a preponderance of the evidence.” This equates to “more likely than not.”
Who Can a Lawsuit Be Filed Against for Sexual Assault in Denver?
There are circumstances where negligent employers, business owners, and organizations may be sued civilly in addition to a victim’s assailant. For example, a company or organization that fails to run a background check or thoroughly investigate an employee before placing them in a position of trust may be responsible for that employee’s misconduct while on the job.
A sexual assault victim in Denver must prove a business or facility was negligent to be compensated. This requires the victim or their attorney to show the following:
- The business owed the victim a duty of care;
- The business breached this duty of care;
- The victim was harmed as a result of this breach; and
- The victim suffered damages.
Employers who may be liable in sexual assault cases include:
- Nursing homes;
- Doctors’ Offices;
- Massage Facilities;
- Apartment complexes;
- Restaurants, bars, and clubs; and
An experienced Denver sexual assault attorney can review your claim for multi-party liability and offer advice about suing an assailant’s employer for your losses.
Who Can File a Lawsuit for Sexual Assault in Denver?
In Colorado, the victims of sexual assault may sue for provable damages. Other parties eligible to sue may include:
- Specific family members of the victim such as a parent or spouse;
- Witnesses to the sexual assault who suffer negligent infliction of emotional distress; and
- Certain surviving heirs of the victim where a sexual assault ends in wrongful death.
To learn more about your civil lawsuit status, contact a Denver sexual assault attorney at Kane Dulin McQuinn Young for a risk-free claim review.
What Is The Civil Statute Of Limitations For Sexual Assault in Colorado?
The statute of limitations for civil sexual assault cases is now indefinite due to the passage of Senate Bill 73 in 2021. Despite this, starting work with a Denver sexual assault lawyer as close to the time of the incident is always advisable. This lets you properly document your case so your attorney can help you get the compensation you deserve.
A trusted legal advisor, like the firm of Kane Dulin McQuinn Young, will be able to give you proper guidance and be a trusted advisor as you navigate your Denver sexual assault case.
Legal Advocates for Victims of Sexual Assault in Denver
The priorities of any sexual assault victim in Denver should be securing their safety and seeking medical attention. Next, it is vital to start reaching out for support.
There are support systems for sexual assault survivors within communities including mental health professionals, survivor groups, and medical doctors. Another valuable source of support is an experienced Denver sexual assault attorney.
Sexual assault attorneys work alongside their clients as legal advocates for justice. This entails more than meeting any legal filing deadlines.
Sexual assault lawyers thoroughly investigate and research cases:
- Pursue all liable parties for their client’s injuries;
- Determine every source of compensation to pay for their client’s losses; and
- Calculate their client’s total physical, mental, emotional, and financial damages, both current and future.
Every step of this process is to build and confront all negligent parties with a trial-ready case for damages. Doing this allows sexual assault attorneys to enter negotiations with opposing insurers and their lawyers in a position of strength.
Legal Advocates for Victim Compensation
While no amount of money can compensate a sexual assault victim for the damages they suffer at the hands of an assailant, compensation can provide access to much-needed medical and financial resources for recovery.
Sexual assault attorneys in Denver work tirelessly to get their clients the compensation they deserve for their injuries. Often, sexual assault attorneys will negotiate a fair and just settlement on behalf of their client with an organization or individual’s insurance company.
When negotiations fail, a lawsuit may proceed towards trial where a jury will determine any compensation award.
Compensation Available in a Denver Sexual Assault Lawsuit
There are different types of compensation available to victims of sexual assault in Denver. The amount of compensation a victim can recover is based on the severity of their injuries and the overall impact of the sexual assault on their life. Sexual assault victims generally request economic and non-economic damages.
Economic damages are those losses with affixable dollar amounts such as:
- Medical bills;
- Prescription drugs;
- Lost wages;
- Lost earning potential;
- Mental health care; and
- Travel costs to receive medical care.
Denver Sexual assault lawyers assist their clients in calculating total out-of-pocket costs at present as well as anticipated future needs.
Non-economic damages are subjective losses without fixed costs. This does not make these damages any less significant.
Non-economic damages include:
- Mental and emotional trauma;
- Pain and suffering;
- Scarring and disfigurement; and
- Loss of enjoyment of life.
These damages are often based on previous, similar damage awards and depend heavily on the trauma suffered by the victim. Denver Sexual assault lawyers regularly use expert witnesses to explain the long-term effects of sexual assault on survivors such as the need for lifelong psychological counseling for post-traumatic stress disorder.
A third type of damages, punitive damages, may be awarded to a victim by the court. Punitive damages are a civil means to punish a bad actor for acting in a malicious or willful and wanton manner in complete disregard for the safety of others.
In Colorado, victims may receive double their economic and non-economic damages in punitive damages.
Kane Dulin McQuinn Young Is Here For You
No one should suffer in silence following a sexual assault. If you’re scared and need support during this challenging time, we want to learn your story and bring those who did this to you to justice. Kane Dulin McQuinn Young is here to listen to you and help you feel understood. In turn, we want you to know you have rights as a survivor of sexual assault under Colorado state law.
Our Denver sexual assault attorneys are here to offer you honest legal advice and options for moving forward with a lawsuit or filing a sexual assault claim. At Kane Dulin McQuinn Young, we can also help you find medical professionals, support groups, and specialists that provide victim care services.
When you retain us to represent you or your child, there are no out-of-pocket expenses. We represent our clients on a contingency-fee-basis. This means we only collect for our services when we obtain compensation for you.
Do not wait to discuss your situation with an experienced Denver sexual assault lawyer. As these cases are very private, your consultation will be discreet and confidential. Contact the firm of Kane Dulin McQuinn Young to request your sexual assault case review today – it’s always free, and you have no obligation to work with us.