Posted by Ron M. Wilt on 09/28/2023

How to File a Civil Sexual Assault Claim in Louisville, KY

How to File a Civil Sexual Assault Claim in Louisville, KY

According to the Rape, Abuse & Incest National Network (RAINN), a person is sexually assaulted every 68 seconds in the United States. This is extremely alarming, as anyone can become a victim of sexual assault with every minute that passes by. Nationally, over 430,000 individuals 12 years of age or older are sexually assaulted or raped in the United States each year.

In Kentucky, “more than 39% of women and 18% of men have experienced contact sexual violence in their lifetime.” More than half of all Kentucky rape victims are minors, and “82% of first victimizations in the state happened before the age of 25.” 

If you or your loved one was sexually assaulted or abused in Louisville, you have legal options outside of the criminal courts. In Kentucky, survivors can file a civil lawsuit to recover damages.

Who can file a sexual assault claim in Louisville, KY?

The term “sexual assault” encompasses a wide array of abusive behaviors, so a survivor of rape, incest, childhood sexual abuse, or other egregious behavior may be eligible to file a sexual assault claim in Louisville, KY. A family member can also file a sexual assault claim on behalf of the victim if one of the following are true:

  • The sexual assault caused their family member or loved one’s death.
  • The sexual assault has resulted in their loss of companionship, spousal support, or intimacy.

Who can be held liable in a civil sexual assault or abuse lawsuit?

The perpetrator of the abuse or assault can be named in a lawsuit, but other parties may also be liable:

  • Hospitals, nursing homes, and medical facilities, if the abuser was a doctor, nurse, or other staff member. 
  • Property owners (including businesses, hotels, entertainment venues, etc.) which failed to mitigate potential risks and/or ensure their property was safe.
  • School administrators and/or deictics, if the abuser worked and/or volunteered for the school or was another student.
  • Colleges and universities which failed to keep students safe.
  • Organizations like clubs, sports leagues, and others which failed to ensure their members were safe and their employees/volunteers were properly vetted.

In some cases, there may be multiple defendants. 

The losses you can claim in a sexual assault lawsuit

Every sexual assault case is different and unique. Therefore, you must take the time to determine the losses you have suffered since your sexual assault occurred. The most common types of losses that victims of sexual assault often claim are:

  • Medical expenses
  • Counseling fees
  • Lost income
  • Pain and suffering
  • Humiliation
  • Mental and emotional trauma

The difference between a civil and criminal sexual assault claim

A criminal sexual assault claim may result in the perpetrator serving jail time, paying fines, and being put on probation. However, a civil sexual assault claim seeks financial compensation for the damages you have suffered.

If you are thinking about filing a civil sexual assault lawsuit, it is important to know that even if the responsible parties are not convicted of a criminal charge or you do not wish to press criminal charges, you can still file a civil sexual assault lawsuit as long as you have proof that you suffered losses.

How long do I have to file a sexual assault claim in Louisville, KY?

Kentucky’s statute of limitations states that you have one year from the date of assault to file a sexual assault claim. Childhood sexual abuse lawsuits can be filed within five years after the individual turns 18 or within five years of discovery.

Experiencing sexual assault can be traumatic and devastating. Therefore, it may be difficult to find the courage to seek help and file a sexual assault claim against the perpetrator. However, with the assistance of a sexual assault attorney, you will have peace of mind knowing that you are represented by a caring and compassionate professional who knows how to help you and hold your abuser accountable for their behaviors.

How a Louisville sexual assault lawyer will help you file a lawsuit

After you have called 9-1-1 and reported your sexual assault and received the proper healthcare that you need, you may want to consider hiring a sexual assault attorney to help you file a civil lawsuit against the perpetrator. This is a brave step toward getting justice for the harm you suffered and making sure that others do not become victims of sexual assault from the same person. 

While you have the option to take on this type of case by yourself, this may be a very overwhelming time in your life, and a difficult legal battle could cause further stress and frustrations. A Louisville sexual assault lawyer handles the obstacles and challenges of the legal process, while you focus on healing and recovering. Some of the different ways that your attorney will assist you include:

  • Listening to your experience
  • Answering any of your questions and concerns regarding your lawsuit
  • Providing the best legal advice possible
  • Investigating and looking over the facts of your claim
  • Collecting evidence to support your claim
  • Ensuring that the perpetrator is held accountable for their actions
  • Building a strong case against the perpetrator
  • Working with other professionals to determine how much compensation you deserve
  • Standing up and fighting for your right to the compensation you are owed
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