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Las Vegas Sexual Assault Lawyer

Top-Rated Attorneys Helping Sexual Assault Victims File Civil Claims In Las Vegas

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Ben J. Bingham and Joseph L. Benson. Sexual Assault Lawyers in Las Vegas

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Why Should I File A Civil Claim After A Sexual Assault?

It can be challenging to determine whether or not to file a civil claim after you experience a sexual assault. It is a very personal decision to each individual. However, for some, it can offer justice for the assault and for others, it can provide additional compensation. The justice system will focus on punishing the offender, but a civil lawsuit will attempt to make the victim whole again.

As the victim, you could claim compensation for your medical bills, therapy, lost income, and pain and suffering in a civil claim. A civil claim can also allow you to pursue compensation from third parties like property owners, employers, or institutions that failed to prevent the assault through negligence. You can be more in control of the legal process, hiring an attorney to work directly with you to make important decisions like accepting a settlement, or whether to go to trial. And if you do not win in criminal court, there is a chance that you could win in civil court.If you’re unsure whether or not to pursue a civil claim after a sexual assault, contact our attorneys!

Legal Support for Filing a Civil Claim After Sexual Assault in Las Vegas

Understanding Civil Claims For Sexual Assault


The first step in understanding your rights as a victim and survivor of sexual assault is to better understand what sexual assault is. Yes, the media reports on many stories evidencing sexual misconduct of different varieties, but the legal implications of these acts often become blurred. Workplace harassment, for example, is not the equivalent of sexual assault– even if the harassment is of a sexual nature. This article details a victim’s legal remedies in the case of sexual assault, but you can follow this link for more information on harassment. If you or a loved one was a victim of sexual assault, contact the Las Vegas sexual assault attorneys at Benson & Bingham Accident Injury Lawyers, LLC. If your assault took place due to inadequate security at a hotel, casino, shopping center or store, workplace, or public transportation, we can help you seek the legal justice you deserve.

Legal Definition of Sexual Assault Under Nevada Law for Victims and Justice

What Is Sexual Assault Under Nevada Law?


The definition of sexual assault in Nevada is non-consensual sexual penetration. This could happen by force, threat of force, coercion, or when the victim is unable to consent because of age, mental capacity, or unconsciousness. According to NRS 200.366:

  1. A person is guilty of sexual assault if he or she:
    1. Subjects another person to sexual penetration, or forces another person to make a sexual penetration on himself or herself or another, or on a beast, against the will of the victim or under conditions in which the perpetrator knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of his or her conduct; or
    2. Commits a sexual penetration upon a child under the age of 14 years or causes a child under the age of 14 years to make a sexual penetration on himself or herself or another, or on a beast.

What Legal Rights Do Sexual Assault Survivors Have in Nevada?


According to RAINN (Rape, Abuse and Incest National Network), every 98 seconds, another person endures a sexual assault. Women, men, children, and the elderly alike are all subject to becoming victims of sexual assault. The scope of the problem is severe, and it’s time for victims to understand their rights and know what their legal options are. In Nevada, sexual assault, or rape, is a punishable crime with a statutory definition.

Survivors of sexual assault have many legal rights in Nevada. Rights that work to protect safety, dignity, and access to justice. Every individual who is exposed to this atrocious crime has the right to be taken seriously when they report it, the right to medical care, the right to privacy and confidentiality, the right to victim advocacy, and more. At Benson & Bingham, we want to see your rights upheld and will make sure they are protected every step of the way.

Understanding the Legal Rights of Sexual Assault Survivors in Nevada

Building Your Sexual Assault Case


Who Can Be Held Liable For a Sexual Assault In a Civil Case?

Anyone who commits the act of sexual assault can be accountable for doing so–nobody is immune from liability. Many unsuspecting victims find themselves in a place of trust, so they lower their guard and believe that they are in safe hands. This typically happens in a situation where there is a third-party relationship, including doctor/patient, massage therapist/client, attorney/client, employer/employee, agent/entertainer, or teacher/student. For example, a doctor might put a patient under anesthesia or other sedatives and commit the act against the patient while asleep or incapacitated. Perhaps one of the most prolific sexual assault cases of our time involves Larry Nassar, a former physician for Michigan State and the U.S. Gymnastics Olympic team. Therapists, employers, teachers, or even law enforcement officers can take advantage of their positions of control and authority. This pattern of control leads victims to believe they have no recourse, which is simply not true. In reality, juries are likely to be very responsive to victims of sexual assault, regardless of who the defendant is.

Proving Your Civil Claim for Sexual Assault

Proving a sexual assault civil claim is different than proving a criminal case where there must be proof beyond reasonable doubt. In civil claims cases, it must be proven that the assault happened and that the defendant is legally responsible for the harm that it caused. Evidence will be required to prove the circumstances and help ensure you are compensated and holding the responsible party liable.

What Evidence Is Needed for a Successful Sexual Assault Claim?

After a sexual assault, it can be helpful to get ahold of a lawyer right away. Doing so can ensure important evidence is not lost or destroyed. The evidence that is helpful in your claim will include medical records, psychological records, witness testimony, expert witness testimony, texts, emails, social media posts, DNA evidence, or physical evidence. All of these pieces of evidence will be crucial in proving the sexual assault and connecting it to the harm.

Take the First Step Toward Justice

Why We’re Las Vegas’ Leading Law Firm For Sexual Assault Civil Lawsuits


If you were sexually assaulted, it’s important to have a sexual assault lawyer in Las Vegas, NV, on your side. However, choosing the right one may seem difficult at first. Here are a few qualities you should look for in your lawyer:

Experience: When you’re the victim of sexual assault, you shouldn’t hire just any lawyer to handle your case. It’s important to work with a lawyer who has at least several years of experience handling sexual assault cases. This way, he or she will know about applicable laws and court rules and improve your chance of getting the justice you deserve.

Listening Skills: It’s also critical for a sexual assault lawyer to have great listening skills. When you discuss the details of your sexual assault case, your lawyer should listen carefully so that he or she can analyze the case. If a lawyer doesn’t seem to be attentive and has trouble remembering the details of your case, you may want to consider hiring a different lawyer.

Compassionate: Sexual assault is a very traumatic experience, so it’s critical to hire a lawyer who is compassionate. He or she should understand what a difficult time you’re going through and display concern. If you know that your lawyer is truly sympathetic about what you’ve been through, you may feel more comfortable talking to him or her about the details of your case.

Available: A sexual assault lawyer also needs to have enough time to take on your case. Some lawyers have higher caseloads than others and may not give all their clients the attention they deserve. A sexual assault case is a serious matter, and you need a lawyer who can give you his or her undivided attention. If your lawyer takes days to get back to you, it may be time to work with someone else.

Types Of Sexual Assault Cases Handled By Our Attorneys

Spousal Rape & Domestic Sexual Abuse


Experiencing spousal rape or domestic sexual abuse can be devestating and have lasting affects on yourself as well as those you love and we can help.

Stalking & Sexual Harassment


If you are being stalked or sexually harassed, contact our lawyers right away and we will walk you through the steps of pursuing a civil lawsuit.

Rape Under The Influence Of Drugs Or Alcohol


Don’t wait to get help starting a civil lawsuit against someone who raped you while intoxicated. We have the experience necessary to be your advocates during this time.

Sexual Coercion


At Benson & Bingham, we have handled a wide variety of sexual cases including sexual coercion. We are passionate about bringing justice to those that deserve it.

Pain & Suffering Documentation


When it comes to pain and suffering from sexual assault, the affects can be significant, but must be documented properly in order to receive compensation. Let us help.

Why Should I File a Civil Suit?

A civil lawsuit functions as an accountability mechanism against the rapist and provides the survivor with the opportunity to tell their story. If you have already gone through the criminal process, it does not preclude you from filing a civil claim. A criminal conviction against the perpetrator may serve to bolster your civil claim. There are several benefits to civil litigation. First, the burden of proof in a criminal trial is “beyond a reasonable doubt,” while the burden is lower in a civil trial and only requires that the plaintiff prove their claim “by a preponderance of the evidence.” As such, a civil lawsuit provides a higher likelihood of success for holding the defendant liable. On the civil side, sexual assault is a tort action, a type of personal injury claim, and the plaintiff (survivor) can sue their rapist for monetary compensation. Although it may not right all of the wrongs, financial accountability can obtain justice. Rapists exist in all shapes, forms, and fashions, so even wealthy or well-to-do people can have to pay a victim for the damage they caused. The money obtained from the defendant in a civil case goes directly to the plaintiff. Further, injury law firms take these cases on a contingency fee basis. This means that a lawyer can represent you with no upfront fees or costs–no hourly billing or retainer fees. They don’t receive payment unless they obtain a successful settlement for you. If you or someone you know is a survivor of sexual assault, you can talk to a licensed attorney now. The National Crime Victim Bar Association’s “Civil Justice for Victims of Crime in Nevada“ outlines some of the key points for a survivor of any crime to consider when it comes to why they should file a civil lawsuit:

Control of the case: Victims have greater control in a civil suit than in a criminal case because they are a party to the civil case, cannot be excluded from the courtroom, and have final approval of settlement proposals.

Compensation: Civil actions can compensate victims for the monetary damages they suffered, such as medical expenses or lost income. Civil actions can also compensate victims for the emotional damage they suffered.

Justice and accountability: Civil suits can hold offenders directly accountable to victims. These suits give victims their day in court, regardless of whether a criminal conviction or any prosecution took place.

Crime prevention: In addition to suing perpetrators, victims can often sue other responsible parties. Civil actions provide economic incentives for crime prevention. Businesses such as hotels, apartments, and shopping centers sometimes fail to enact proper security measures because they view such expenses as unnecessary. When businesses are accountable for safety lapses, proper security becomes cheaper than defending lawsuits. Crime victims’ civil suits can increase security protection in public places, better oversight and supervision of daycare facilities, and countless other improvements.

What Steps Should I Take If I Am a Victim of Sexual Assault?


1

Call 911 And Report What Happened

The first step after a sexual assault is to ensure that you reach a point or place of safety—your health and safety are paramount. Next, call the National Sexual Assault Hotline at 800.656.HOPE (4673) and a trained operator can connect you to the “appropriate local health facility that can care for survivors of sexual assault.” Furthermore, talk to someone who can preserve DNA evidence and ensure your safety.

2

Get Medical Attention Immediately

Either after you report the incident or before, you should get medical attention immediately. Request a nurse who is skilled in handling rape cases for a DNA test and ensure you keep the records of your care.

3

Talk With A Therapist Or Counselor

Sexual assault can have a lasting affect psychologically. If you have been assaulted, find a therapist or counselor to talk about what happened and gain the necessary psychological healing and affirmation of your pain and suffering that you need for your case.

4

Contact Our Sexual Assault Attorneys

Once you have cared for yourself, mind and body, reach out to our lawyers at Benson & Bingham. We will do everything we can to gather evidence before it is lost or destroyed and we can walk you through the claims process each step of the way.

Employer and Property Owner Responsibilities in Preventing Sexual Abuse and Assault

Depending on the facts and circumstances of your case, there may be several options for obtaining compensation. You might sue an individual or another party, like a facility or company that you believe contributed to the assault. If you sue an individual directly, most insurance companies will have exclusionary policies that relieve them from liability under the circumstances. Therefore, you would need to recover compensation against the defendant’s assets. You can, however, sometimes sue a party other than the individual who committed the act for negligence. If that individual or entity was somehow negligent in their actions (or failure to act), you can hold them liable. For example, consider the following types of civil suits you might file.

Negligent Hiring and Supervision

When certain companies hire employees, they might need to check for a criminal history involving abuse, domestic assault, or related crimes. This is common for caregiving positions, such as teachers, home health care workers, nursing home employees, camp counselors, and others who interact with vulnerable children or adults. If a company hires someone with a certain conviction, they can be responsible if that person sexually assaults someone while on the job. Companies should also properly supervise employees, especially when they contact others and can potentially commit sexual assault. If employees have inadequate supervision that allows them to commit a sex crime, the employer might be liable for negligent supervision.

Failure to Protect Children

When organizations entrust themselves with the care of children, they must protect them from sexual assault and other harm. However, as we hear in the news, major organizations like the Boy Scouts of America and the Catholic Church failed to do so. These institutions allowed thousands of children to suffer sexual abuse, and victims are filing claims to seek compensation from the organizations. This can also apply to schools, camps, daycares, and other companies that care for children.

Premises Liability/Negligent Security

Many businesses, organizations, and property owners must take proper measures to ensure that customers, employees, and visitors are safe on the premises. This includes staying safe from criminal conduct and resulting harm, such as robberies, physical assault, or sexual assault. When business or property owners fail to implement proper security, people can suffer from sexual assault and other crimes. Some locations where this can happen regularly include:

  • Hotels, resorts, and casinos
  • Bars and nightclubs
  • Hospitals and mental health facilities
  • Nursing homes
  • Rehabilitation centers
  • Apartment or condo complex common areas
  • Parking garages
  • Malls and shopping centers
  • Office buildings

To prove a premises liability claim for sexual assault, your attorney can demonstrate that the entity had the duty to provide adequate security, failed to do so, and the failure led to your assault and injuries. Many people succeed in these complex claims with the right legal support and representation.

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You want to identify when a company can be liable for your sexual assault-related injuries because the individual rapist might not have personal assets to cover your losses. If not, you can file claims against corporations with deep pockets and insurance coverage that can cover your losses. If you or a loved one was a victim of sexual assault, contact a Las Vegas personal injury lawyer today at Benson & Bingham Accident Injury Lawyers, LLC, for a free consultation. Our firm knows how sensitive these matters are and handles each case with the compassion and respect our clients deserve.

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What Compensation Can I Recover for a Sexual Assault Claim?

Recovering Past and Future Medical Expenses for Sexual Assault Survivors

Past & Future Medical Treatment Expenses

One of the main damages you will be able to claim after a sexual assault will be past and future medical treatment. This will include your emergency room visits, hospital care, sexual assault forensic exams, follow-up appointments, treatment for injuries, and medications. In some cases, sexual assault can leave long-term health issues, in which case you can claim future medical treatment as well. Future treatment can include medication management, reconstructive or corrective surgeries, support services for chronic health conditions caused or worsened by the assault, in-patient treatment programs, and more. Past expenses are calculated using bills and receipts. Estimating future costs may require expert testimony that your lawyer can put together.

Claiming Compensation for Lost Income and Future Earning Capacity After Assault

Loss Of Income & Reduced Earning Potential

Sexual assault can also affect your ability to work, earn money, and build a future. Because of this, you are able to claim compensation for loss of income and reduced earning potential. Lost income might happen if you miss work for medical appointments, therapy, or recovery. Not only that, but anxiety, PTSD, or fear could cause you to reduce your hours or take an extended leave of absence. Keep your paystubs, tax returns, employment records, and doctor notes to show how much income was lost, how long you were unable to work, and that the assault caused this disruption in work. Your sexual assault might also permanently affect you ability to earn a living, whether due to psychological trauma, physical injuries, damage to your professional reputation, or other circumstances. These are all damages you can recover.

Psychological Therapy Expenses in Vegas for Sexual Assault Victims

Psychological Therapy Expenses

Because sexual assault often causes deep psychological damage, these expenses can be hefty. From attending individual therapy to trauma-focused therapy to psychiatric services, you will want to be compensated for the expense. Our lawyers calculate these expenses by gathering therapist invoices, receipts for sessions and prescriptions, insurance statements, testimony from treating therapists for future expenses, mental health assessments, and the cost of care in your geographic region. With this information, we can come up with a relatively accurate amount to cover your current and future psychological therapy expenses. Contact our law firm today to get started calculating what you could obtain through a civil lawsuit.

Calculating Pain and Suffering Damages in Sexual Assault Cases in LAs Vegas

Pain and Suffering

In a civil sexual assault lawsuit, pain and suffering is a large part of the damages that can get you compensation. Pain and suffering is a non-economic damage, meaning it will not have bills or receipts. Instead, pain and suffering is the deep emotional, psychological, and physical anguish the assault caused. While they are not tangible, they can be calculated through skilled assessment. Your personal testimony will be used as proof along with mental health records, expert testimony, and statements from loved ones. Amounts are calculated from the duration and severity of the trauma, the extent of medical and psychological treatment needed, whether you suffered permanent emotional or physical harm, your age and your life circumstances. If you’re thinking about filing a claim, our lawyers at Benson & Bingham can help with personalized, confidential, and compassionate service.

FAQs On Las Vegas Sexual Assault Law

Do I Need a Criminal Conviction to File a Civil Lawsuit?

No you do not. When it comes to sexual assault or any other harm, you can file a civil lawsuit at anytime regardless of the outcome of a criminal case. The civil justice system is totally separate from the criminal justice system. For one, the civil case is initiated by the survivor while the criminal case is prosecuted by the state. As the plaintiff, you will have a lot more sway and input in a civil case. Some examples of cases we have seen include a survivor suing an employer or institution for failing to prevent or stop abuse. The good news is, with a skilled lawyer, you can win civil cases even if you did not win the criminal case.

How Much Does It Cost to Hire a Sexual Assault Lawyer in Las Vegas?

When you hire a sexual assault lawyer, you typically will not have to pay anything upfront. The lawyer will get paid through a contingency fee after the case has been won. This contingency fee will be a percentage of your settlement. You may also have to pay case costs which include filing fees, expert witness fees, and more. However, if you’re concerned at all about how much it will cost, reach out to our law firm for a free consultation where we can go over the costs associated and what part of your settlement might be used to pay the lawyer.

Can I Sue a Business for Negligence in a Sexual Assault Case?

Yes you can, and in some cases should. There are certain circumstances where a business could be held liable. Our lawyers will work to prove that the business had a legal duty to protect you, that it breached that duty, and that the breach led to the assault. Examples might include knowingly hiring someone with a history of assault, failing to monitor staff who interact with the public or vulnerable individuals, inadequate locks, lighting, or surveillance, and more.

Can Property Owners Or Nursing Homes Be Liable for Sexual Assault Within Their Premises?

One of the aspects of civil lawsuits is the ability to hold third parties responsible for negligence. If the sexual assault of yourself or someone you love happened at a nursing home or on the property of another and the assault was foreseeable and could have been prevented, the third party can be held liable. Property owners and nursing homes have a duty of care to those that come into contact with their location and they can and should be held accountable.

What Are The Long Term Consequences Of Sexual Assault?

The consequences of sexual assault for survivors are serious and far reaching. Sexual assault is traumatic and can lead to a hefty psychological and emotional impact. Survivors may experience PTSD, depression, anxiety, low self-esteem, guilt, and difficulties trusting others. They may experience cognitive or behavioral changes like trouble concentrating, withdrawal from activities, or risky behaviors. Their physical health could be impacted as well with things like chronic pain, sexual dysfunction, sleep disturbances and more. While a lawsuit cannot heal these consequences, it can provide compensation and justice.

How Are Settlements Calculated For Sexual Assault Cases?

Nothing can erase the trauma associated with sexual assault. However, lawsuit claims can help with some losses, both economic and non-economic. Your lawyer can help you calculate these losses to determine how much compensation you could be entitled to. They will look at your medical expenses, mental health treatment, lost wages, loss of future earning capacity, and more. When it comes to non-economic damages, this will be your emotional and psychological harm. This can be trickier to prove, but with a skilled lawyer and testimony from therapists, loved ones, and you yourself, you should be able to get compensation for these necessary non-economic losses.

Will My Sexual Assault Lawsuit Go to Trial or Settle?

Your sexual assault lawsuit could either go to trial or settle depending on the circumstances and willingness of the other parties to negotiate. In most cases, a settlement is reached using negotiation or mediation. It is our aim as sexual assault lawsuit lawyers to work towards a settlement to avoid the extra costs and time of going to court, however, we will do whatever is necessary to gain justice for our clients and ensure they get the compensation they are entitled to.

What If I Was Assaulted Years Ago? Can I Still File a Lawsuit?

Yes, you can still file a lawsuit even if the assault happened many years ago. Nevada allows survivors 20 years from the date of the assault to file. This gives survivors time to process through what happened to them. You can even file a lawsuit if the perpetrator was acquitted or never charged. There are exceptions to this time limit, extending it. If you were a minor at the time of the assault, if you were mentally or physically incapacitated, if you discovered the harm later, and more.

How Do I Preserve DNA Evidence From Sexual Assault?

You can obtain and preserve DNA evidence in several ways. If you involve the police, they can often catch the perpetrator through DNA evidence obtained from the crime scene or additional investigations. Other times, professionals can obtain evidence “from your body, clothes and other personal belongings.” (RAINN) “You may choose to have a sexual assault forensic exam, sometimes known as a “rape kit,” to preserve possible DNA evidence and receive important medical care. You don’t have to report the crime to have an exam, but the process gives you the chance to safely store evidence should you decide to report at a later time.”—RAINN, “What Is a Rape Kit?

Sexual Assault Hotlines and Local Nevada Resources

Nevada has numerous resources available to victims of sexual assault (we provide a list of victim resources below). Although it is a crime, the unfortunate reality is that not every person who commits an act of sexual assault ends up in prison or even facing any consequences at all. “While we’re making progress—the number of assaults has fallen by more than half since 1993—even today, only 6 out of every 1,000 rapists will end up in prison.”—RAINN, “About Sexual Assault“ This is why survivors of sexual assault need to understand their civil remedies, as they do not have to only seek justice through the criminal system. A survivor of sexual assault can file a civil lawsuit to obtain the justice and compensation they deserve.

National Resources:

Nevada Resources:

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