Sexual Assault Victim Lawyer in Kentucky
Legally defined, sexual assault is any form of sexual contact imposed on you without your consent. It can range from unwanted intimate touching to rape. It can even involve situations where someone abuses a position of authority, power or trust to make you agree to sexual activity.
Ultimately, it doesn’t matter what your relationship with the perpetrator is. Sexual assault is a crime, whether it’s a complete stranger or someone you know. No one has the right to threaten or force you to have sexual contact with them. If it has happened to you, help and justice are available.
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Sexual Assault Can Happen to Anyone, Anywhere
According to the Kentucky Association of Sexual Assault Programs, Inc., an average of 47.7% of Kentucky women and 19.6% of Kentucky men have experienced sexual violence. There are no barriers in terms of age, race, color, gender or gender identification. It can happen to anyone, even someone who never thought they would become a victim of sexual abuse.
At Schafer Law Office, we understand how emotionally difficult it is to initiate a sexual assault claim. That’s why we encourage you to reach out to us in any way that’s most comfortable for you, whether it be via phone, email or video conferencing. Our sexual assault victim lawyer in Louisville will collect the information and file the claim that holds the perpetrator responsible. We can also direct you to various support resources that can help you as you heal.
What Should I Do if I’ve Been Sexually Assaulted in Kentucky?
After such a traumatic event, it can be hard to know what to do, but to help ensure that your attacker is held accountable, you should call the police as soon as possible. To help them gather evidence, do not do any of the following:
- Take a bath or shower
- Wash your hands
- Comb your hair
- Take any alcohol or drugs to calm down
- Change or wash your clothes
- Clean up or otherwise disturb the area where the assault occurred
Sexual assault is a felony in Kentucky, so there is no time limit for reporting it or laying charges, but the sooner you notify the police, the easier it is for them to collect the evidence that supports your claim. This applies to both criminal cases and civil cases.
What If I Didn’t Fight Back or Report the Sexual Assault in Kentucky Right Away?
Never blame yourself for sexual assault. Sex must be consensual, and just because you didn’t fight, scream or immediately go to the police doesn’t mean that you consented.
There are many tactics that perpetrators use to compel you to have sex with them and/or discourage you from reporting the abuse. They include but are not limited to:
- Giving you drugs or alcohol to impair your judgment
- Threatening to harm you or someone close to you
- Using a position of authority to coerce you
- Threatening you with economic harm (e.g., firing you)
- Making you feel as though the assault was your fault
- Telling you that no one will believe you
- Saying that they “did not mean” to do it
In fact, many victims of sexual assault don’t report the attack right away. They want to wait until they feel safe in reporting. If this is how you chose to proceed, there’s nothing to be ashamed of. Many survivors of sexual abuse delay disclosure until they are emotionally or physically ready.
Can I File a Civil Claim for Sexual Assault in Kentucky?
While sexual assault is a crime, you can still file a claim against the perpetrator in civil court, even if they’ve already been sentenced in criminal court. Compensable damages in a Louisville sexual assault claim include:
- Medical treatment you required after the assault
- Psychological and emotional trauma
- Counseling services
- Loss of wages or employment
You may even be able to sue a third party. If a business failed to apply reasonable security measures such as proper lighting in a parking garage or a co-worker was able to assault you because your employer did not complete a thorough enough background check before hiring them, they may be liable for damages. These types of civil cases allow victims to pursue compensation for pain and suffering in addition to economic losses.
If you’re ready to file a civil lawsuit, The Schafer Law Office can help ensure your rights are protected throughout the process. Even if the defendant was never convicted in criminal court, you still have the right to file a sexual assault civil claim.
When Should I Call a Kentucky Sexual Assault Victim Attorney?
We encourage you to do so as soon as possible. Although the District Attorney’s office will pursue criminal charges against the perpetrator, you can have a Kentucky sexual assault victim lawyer appear on your behalf during the proceedings to assert your rights as a crime victim. Your lawyer can also help you prepare and pursue a Kentucky sexual assault civil claim. Our experienced sexual assault lawyers can assist in helping you file a sexual assault case through the appropriate legal channels.
The Statute on Child Sexual Assault Statute of Limitations in Kentucky
Protecting the vulnerable is of paramount importance, and in the state of Kentucky, the statute on child sexual assault statute of limitations serves as a crucial safeguard.
Below is the specific wording you can find directly on the ky.gov website. This statute of limitations guidance is especially critical for anyone looking to file a civil lawsuit later in life, whether they were a minor or adult at the time of the abuse.
Pursuant to KRS § 413.249
(2) A civil action for recovery of damages for injury or illness suffered as a result of childhood sexual assault or abuse shall be brought within ten (10) years after the victim attains the age of eighteen (18) years.
(3) The time period set forth in subsection (2) of this section shall apply to a civil action for recovery of damages for injury or illness against:
(a) A person alleged to have committed the act of childhood sexual assault or abuse; or
(b) An entity that owed a duty of care to the plaintiff, where a wrongful or negligent act by an employee, officer, director, official, volunteer, representative, or agent of the entity was a legal cause of the childhood sexual assault or abuse that resulted in the injury to the plaintiff.
We Fight for the Rights of Sexual Assault Victims in Kentucky
At Schafer Law Office, you can count on an experienced and compassionate personal injury lawyer to help you receive compensation and justice. If you or someone you love has experienced sexual assault or abuse, please contact our Kentucky sexual assault victim lawyers at 502-584-9511 for a confidential and private consultation. We offer a free consultation and no fee guarantee.
Our sexual abuse attorneys are here to make sure those responsible are held accountable, whether in criminal cases or civil proceedings. You are not alone.