If you or a loved one has been impacted by sexual assault, finding a compassionate and experienced DC sexual assault lawyer is crucial. Our team specializes in defending the rights of sexual assault victims, offering the support and legal skills necessary to navigate this challenging time.
According to a study, one in four girls and one in six boys under the age of 18 are sexually assaulted. As startling as that is, what’s more alarming is only 12% of child sex abuse cases are reported to authorities. Sexual abuse can lead to devastating emotional damage to a child down the road if the proper steps aren’t taken. It is critical to call an experienced and knowledgeable attorney to advise you on the next steps. Our DC sexual assault lawyers help survivors of sexual abuse, including rape, sexual assault, sexual molestation, incest, and improper touching.
Frequently, a victim is assaulted when a minor perpetrator is being supervised (often in a school setting). It’s important to remember that minors cannot consent to sex, so the act may always be looked at as an assault, and a viable claim for damages may be pursued. The victim will often sustain physical injuries of varying degrees, on top of significant post-traumatic stress disorder (PTSD), with potentially a lifetime of treatment, both of which can lead to sizable compensation.
It is important to remember that there may be a civil claim (for monetary damages), a criminal case against the perpetrator, and potentially others. Your DC sexual assault lawyer can help. Remember that even if the defendant is found not guilty at the criminal trial, such an outcome in no way precludes the civil claim, as these are two separate causes of action with different standards of proof.
While it’s difficult and potentially disparaging to put a price on such a sensitive crime, significant compensation may be worth exploring. Not just for the physical injuries that occur at the time of the assault but for potential damages to your mental health. Years of therapy following a sexual molestation is common and can become very expensive. These damages are just as legitimate as physical damages and should not be ignored, as the compensation for your pain and suffering can be remunerative.
The statute of limitations for sexual abuse cases in Washington, D.C., is slightly more nuanced than the statute in Maryland. If you were under 35 years old when the sexual abuse occurred, you have until you are 40 years old or five years from when you knew or should have known of the sexual assault, whichever is later. If you were 35 years old or older when the rape, molestation, or assault occurred, you have five years from the occurrence, or five years from when you knew or should have known, to file suit for civil damages. This law is current as of February 2024 (D.C. Code § 12-301).
In 2023, the law changed. Under the Child Victims Act, you can now pursue a civil lawsuit for sexual abuse at any time. Of course, the rationale is that a child may be afraid to step forward. In 2020, a study reported that survivors wait until they are 52 years old to report cases of child abuse. Now, as an adult, they retain the right to seek justice for damages suffered at the hands of an abuser. Maryland became the 10th state in the United States to eliminate the civil statute of limitations for all claims of child sexual abuse. By all accounts, this was a significant win and a step towards justice for Maryland’s victims.
However, the rule does not apply if the sexual abuse occurred to an adult. If the molestation happened to you as an adult over 18, the statute of limitations is three years. However, certain limited exceptions may apply. Thus, it is imperative to consider legal representation for sexual assault.
Our DC sexual assault lawyers operate on a contingency fee basis. We take one-third of the gross recovery if we win your case via settlement. If we have to file suit and win your case, our fee increases to 40%. However, if we do not win your case, there is no fee. This is the typical fee structure most personal injury attorneys charge. When seeking the best sexual assault lawyers in Washington, D.C., you must do your due diligence. While cost may be no object when seeking justice on this emotionally charged journey, we are pleased to offer a contingent fee with no upfront retainer. This means you pay us nothing upfront. And if we do not prevail, you don’t pay. This allows you to seek justice without agonizing over exorbitant legal fees. Contact our office today to learn more about sexual assault victim rights.
The start of any sexual abuse case is the injury itself. The very first thing that needs to happen, even before calling the best DC sexual assault lawyer, is to get to safety. Call the police. We realize you may be reading this years after the abuse took place, but step one will always be to ensure you are safe. Step two is to seek immediate medical attention. While uncomfortable, preserving any evidence is imperative, and you will be glad you did down the line. While there are many forms of proof in sexual molestation cases, the more evidence we can collect, the better.
After you have finished at the hospital, process the experience. In the short term, speak with a trusted friend or family member to confide in. In the long term, therapy may be beneficial. Then, as soon as you can, consider a civil claim for sexual assault.
Even if you do not want to go forward with your case immediately or are worried about any social attention, these are cases we handle all the time and are familiar with. At the least, we can guide you through the following steps to protect yourself better and seek justice where appropriate.
Sexual molestation cases tend to retain more value in their noneconomic damages than their economic damages. But that is not the only thing that makes them unique. Punitive damages are typically unavailable in personal injury cases such as car accidents. However, the purpose of punitive damages is to punish and deter. We can think of no type of case more worthy of punitive damages, aside from perhaps a death case, than sexual assault. Contact a DC sexual assault lawyer today.
Economic damages are made up of two main components. The first is medical expenses. In a sexual molestation case, you must consider the cost of future medical expenses. If you are receiving therapy once a week for the foreseeable future due to the sexual abuse you suffered, that expense will add up very quickly. There is no reason you should be the one to pay for that cost when you are not at fault for your injury. Thus, future medical expenses related to your injury are compensable under the law and our DC sexual assault lawyers can recover these for you.
The second primary component of economic damages is lost wages. The key to remember for lost wages is that your time missed from work must be excused by a doctor before you miss that time. Otherwise, you risk being unable to recover your missed wages.
The basis for noneconomic damages is that not all your damages are tangible. Some are intangible. When you break several bones, you will have medical expenses to pay. But you also will have to endure the pain and suffering associated with a broken bone. You will find it difficult to perform everyday tasks, sleep at night, enjoy hobbies, loss of consortium with a significant other or spouse, etc. This idea of pain and suffering applies to sexual abuse cases, too. The suffering can last far longer and be more profound than a physical injury. We understand this, and we will fight on your behalf.
The purpose of punitive damages is to punish the defendant and deter future similar action. The rules are slightly different depending on the state. However, the basics are that the action by the defendant must have been either reckless or intentional. The amount of punitive damages you are entitled to depends on the amount you are entitled to in compensatory damages. Punitive damages can substantially increase the monetary value of your case. For such a serious case, our DC sexual assault lawyers will pursue punitive damages in your case.
Sexual assault may occur anywhere there is a power imbalance. Unfortunately, this is when predators feel most empowered to act. But of course, the list below is not exhaustive, as an assault can occur virtually anywhere. A sexual offense may occur anywhere in DC or Maryland. It may occur in Georgetown, Dupont Circle, Noma, or other populated areas.
Sexual assault and abuse cases are among the most emotionally charged cases handled our DC sexual assault lawyers handle. This makes discretion our top priority. Fortunately, defendants often want it handled discreetly as much as victims do. Accordingly, a confidential settlement may be the best course of action. On the other hand, you may want to seek justice in another forum, in which case going to trial may be your preferred option. No matter your preference, we will work to ensure your needs are met.
No one piece of evidence makes or breaks a case. Our goal as the plaintiff is to prove by a preponderance of the evidence that the defendant is liable for your damages. To establish a cause of action by a preponderance of the evidence, a jury must believe it is more likely than not to have occurred. This is a lower bar than in a criminal case where a defendant must be found guilty beyond a reasonable doubt. Accordingly, a defendant may be found not guilty in a criminal trial but still civilly liable in your case. This happens frequently. Accordingly, it is always worthwhile to consult with a DC sexual assault lawyer.
Some examples of proof that may help in a sexual assault case are listed:
It is impossible to predict the outcome of a case even with the facts on hand. That is one reason why it may be more beneficial to negotiate a fair settlement. Of course, a credible witness who observed the sexual groping and testified at trial will significantly increase the odds of winning your case. Notably, a skilled DC sexual assault lawyer can conduct an investigation and discover evidence that you may have thought unavailable. We can better understand your case during a free consultation and provide more accurate advice based on your facts.
Our sex assault lawyers have vast experience successfully handling sexual assault claims against both private entities and local jurisdictions. Please call to discuss your case with an experienced attorney to understand your options. D.C., Maryland, and Virginia attorney Roger Gelb and his firm have represented over 10,000 clients and have recovered over $150,000,000 since the firm’s founding in 1954. Contact us today for a free consultation.
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