The Rape, Abuse & Incest National Network (RAINN) reports that each year there are more than 200,000 victims of sexual assault in the United States. Underreporting of sexual assaults most likely means this statistic is much lower than reality.
Unfortunately, many sexual assault survivors do not know their rights, especially if they were assaulted by a person in a position of power, such as an employer, teacher, priest, or doctor. The perpetrators may have legal support from the school, church, hospital, or workplace, leaving the victims feeling alone and powerless.
With representation from an experienced crime victim attorney, however, you can fight back. At Soloff & Zervanos Personal Injury Attorneys, we help sexual abuse and rape survivors get justice and hold offenders accountable for their actions. We will explain your rights and help you stand up for them. When there are liable parties, a Philadelphia sexual abuse and assault lawyer can file a civil suit against them for compensation to cover your past, present, and future losses.
Children are at risk of child molestation and sexual abuse from adults whom they are supposed to be able to trust. We have represented children who have survived sexual abuse. For example, attorney Jeffrey Fritz represented some of the alleged sex crime victims in the Penn State/Jerry Sandusky case. Mr. Fritz is a charter member and past president of the National Crime Victim Bar Association, an affiliate of the National Center for Victims of Crime.
We can assist your family with cases involving:
Adults may also be assaulted by people in positions of power, as well as peers and other adults. Rape and other types of sexual assault can be committed by:
There are statutes of limitations for filing civil suits in child and adult sexual assault cases. We recommend speaking with an attorney in Philadelphia as soon as possible to learn about the deadlines for filing your sexual abuse and sexual assault case.
In Pennsylvania, no minor under the age of 16 can consent to sexual intercourse or conduct regardless of whether the sexual act in question was consensual. The age of consent is 16 in Pennsylvania, though there is the so-called “Romeo and Juliet” exception.
In Pennsylvania, the accused can avoid being convicted of statutory rape if he or she was having a sexual relationship with a person within four years of one another.
There are two statutes of limitations to keep in mind, those for minors and those for adults. When an adult suffers from sexual assault or abuse, they will have two years from the date of the incident to file a lawsuit.
Children and minors will have until their 30th birthday to file a civil lawsuit. While these limits exist, it is essential to file a lawsuit as soon as possible. Evidence can be difficult to come by as more time passes, and these cases can be challenging to take to court. While not impossible, all evidence must be preserved to get a conviction.
It would help if you also remembered that while you can file a lawsuit against an individual, you also have the option to file a suit against an entire institution. It can be found that an institution is found guilty of protecting offenders and concealing allegations. They may have even failed to report these crimes to keep their reputation intact. Your Philadelphia sexual abuse and assault lawyer will diligently hold all parties accountable for these heinous actions.
Not all sex acts must involve vaginal penetration to be considered a form of sexual assault or rape. In Pennsylvania, there is a law that recognizes other, “deviate” acts to hold a perpetrator criminally liable for sexually assaulting another person.
Some of the most common forms of “deviate sexual intercourse” are fellatio, cunnilingus, as well as anal and oral penetration. Pennsylvania law considers it sexual abuse when a sex act or “deviate sexual intercourse” involves both the perpetrator inserting their penis into the victim’s mouth and the perpetrator forcing the victim’s penis into their mouth.
Under Pennsylvania law, you have a right to pursue a sexual abuse claim against the abuser in a civil suit, regardless of whether the criminal court has prosecuted the perpetrator.
The standards between a civil and criminal sexual abuse case are very different, which is why you need to seek help from a Philadelphia sexual abuse and assault attorney.
One of the most significant differences between the two is the amount of evidence that is necessary to prove the crime.
In a criminal sexual abuse case, you need to demonstrate evidence that the act of sexual abuse or assault occurred “beyond a reasonable doubt.” In other words, you need to demonstrate sufficient evidence to prove that the defendant committed the alleged acts.
In a civil sexual abuse case, meanwhile, you may be entitled to compensation even if there is no absolute certainty that the abuser committed the crime. In civil cases, courts rely on a “preponderance of the evidence,” which means the evidence presented by you and your attorney must indicate that there was at least a 50 percent chance that your claims are true.
Either way, it is vital to be represented by a knowledgeable attorney who will present your sexual abuse or assault case most convincingly and gather all available types of evidence.
As we have mentioned, there must be substantial evidence present for a conviction in these cases. You might be wondering what evidence should be collected and preserved. The evidence that can be crucial to your case includes:
While some of this evidence may be readily available to you, other evidence a lawyer will need to request. Whether you are filing a criminal or civil lawsuit, you will need a substantial amount of evidence. This can truly make or break your case.
When facing rape or sexual abuse charges, the defendant and his or her criminal defense lawyer can pursue the following types of defenses:
In the last two defenses, the abuser is required to prove involuntary intoxication or insanity by a preponderance of the evidence. In the past, the defendant could use the “marital exemption,” but the law no longer recognizes the difference between married and unmarried persons in sexual abuse and assault cases.
