Understanding Civil Remedies for Survivors of Sexual Abuse in Arizona

When someone is subjected to sexual assault or abuse, it can cause lasting damage, both mentally and physically. In Arizona, survivors have the opportunity to seek justice through civil remedies in addition to criminal charges.

We’ve outlined more information about civil remedies available to sexual abuse survivors below. If you survived sexual abuse and would like to discuss your situation with an attorney, contact Verderame Law Group Arizona Injury Lawyers to request a consultation. Our team can listen to your concerns and help you understand the legal options available to you.

What is considered sexual abuse?

Sexual abuse refers to illegal sexual conduct. Civil claims are typically brought under negligence, battery, or assault. This may include touching or non-touching behaviors. Examples of sexual abuse include:

• Sexual assault
• Sexual exploitation
• Molestation
• Rape

Sexual conduct that is done without consent may fall under sexual abuse in Arizona.

What civil remedies are available?

Survivors can file a civil lawsuit in Arizona even if criminal charges were not filed. If charges were filed and the attacker was acquitted, survivors can still file a claim against them and any other liable parties.

A civil remedy is much different than a criminal one. At a baseline, civil attorneys are not able to ask a court to put an offender in jail; money damages are the only civil remedy. Beyond that, criminal cases must be proven beyond a reasonable doubt. This is not the case in a civil lawsuit. Civil claims must be proven with a preponderance of the evidence. In Arizona, the claimant must show by a preponderance of the evidence that the defendant caused the harm.

Civil lawsuits against institutions

In some cases, a third party may have legal responsibility to keep someone safe. In these situations, a civil lawsuit may also be filed against them. For example, property owners who failed to implement security measures may be legally responsible. Each situation is unique, and many factors could be considered. We recommend you speak to an experienced attorney to understand your legal options.

What proof is needed for a sexual abuse claim?

As we said above, a civil claim has to prove that harm was caused by the attacker. Examples of proof used for this include:

Medical records

Medical records from exams after the assault may carry a lot of weight in a sexual abuse claim. Forensic exams, often called rape kits, show important information after abuse that may serve as proof.

Survivor testimony

A survivor’s testimony also holds a lot of weight during a civil claim. When a survivor details the event and how their life changed, it can detail how the attack harmed them physically and mentally.

Witness testimonies

If there were witnesses to the attack, their testimonies may also serve as proof. Witness testimonies can back up medical records, police reports, and survivor testimony.

Security footage

Sometimes, there may be security footage from local homes or businesses that record an assault. This can serve as solid proof for a civil sexual abuse claim.

Sexual abuse and civil remedies FAQs

Many times, people have similar questions about sexual assault claims and the related civil remedies. We’ve answered the most common questions below:

How long do I have to file a sexual abuse claim?

The statute of limitations in Arizona varies. For adults, it is typically two years from the date of the assault. However, there are some cases where delayed discovery, tolling, or claims against public entities may change the time constraints. Speaking to an attorney as soon as possible is your best option for protecting your right to file a claim.

Under Arizona law, survivors of childhood sexual abuse generally may bring civil claims until age 30, though exceptions and different rules may apply depending on the facts and defendants involved. The statute of limitations can be nuanced and may be confusing for some. We advise anyone who survived a sexual assault to speak to a knowledgeable lawyer as soon as possible.

How much is my sexual abuse claim worth in Arizona?

Providing an estimated claim amount would be impossible, and there is no way to guarantee results. Many factors are considered when valuing a sexual abuse compensation amount. However, in past sexual abuse cases, people have received some or all of the following compensation:

• All related (past, current, and future) medical costs
• Financial harm
• Lost wages
• Future earning capacity
• Pain and suffering

Sexual abuse can weigh heavily on mental health. When filing sexual assault claims, lawyers consider all factors to strengthen claims.

Who is liable in a sexual abuse claim other than the person who committed the assault?

Outside of the attacker, there may be other liable individuals in a sexual abuse claim. In some cases, third parties may be legally responsible. Depending on the specifics, the following people may be considered liable:

• Property owners
• Schools
• Churches
• Employers
• Youth facilities
• Medical facilities
• Ride-sharing companies

If someone had a reasonable duty to provide a safe environment and neglected to do so, they may be liable. To understand the options for your specific case, we encourage you to reach out to sexual abuse lawyers who can educate you on your legal options.

What can I expect if I hire a sexual abuse lawyer?

One of the hardest steps for survivors is often contacting an attorney. When someone hires a sexual abuse lawyer, they gain a legal ally to help fight for their rights. Sexual abuse lawyers do the following for clients:

• Investigate the situation to gather evidence
• Collect and organize evidence from multiple sources
• Manage legal filings and timelines
• Advocate for clients with insurance companies or in court
• Negotiate with insurance companies
• Represent clients in court or mediation
• Offer compassionate, straightforward legal guidance

Not only do attorneys help clients through the legal process, but they may also provide peace of mind.

Contact Verderame Law Group Arizona Injury Lawyers for a consultation today

Survivors of sexual abuse face ongoing trauma when filing a civil lawsuit. Not only do they have to relive the experience, but they also have to navigate the legal process. This is sometimes overwhelming and may make people think twice about filing a claim.

At Verderame Law Group Arizona Injury Lawyers, we understand the challenges survivors face. We help our clients to complete the claim process as compassionately as possible. Our team is available to discuss your specific situation and outline the legal options available to you. Contact us today to schedule a consultation.