No one should have to deal with traumatic experiences like domestic violence, sexual assault, and abuse, but it’s a reality for many people. When someone in Boulder, CO deals with an experience like sexual assault, it can impact them for years. They may see the person who hurt them facing criminal charges, but even if that happens, the victim of the crime still has to heal and may not have the resources to do so. In other cases, the offender doesn’t face criminal charges or incarceration.
Individuals who have suffered sexual assault should be aware of their ability to file a civil claim against their abuser. Whether the offender or institution has faced criminal conviction, a civil claim allows the victim to gain financial compensation for the damage done to them, which can help them get professional aid and deal with their trauma. A civil claim can also help to bring charges against the offender. Victims need to know that this isn’t their fault. At Cheney Galluzzi & Howard, we want to work alongside you and defend your right to compensation.
At Cheney Galluzzi & Howard, we have worked for years to aid sexual assault victims filing claims against their abusers. When someone files a claim, it’s often a difficult process. Filing a claim may require them to relive their traumatic experience. At the same time, that experience is looked at by the defense, which tries to discredit the victim. This is immensely difficult for many people, and we want to support those individuals during this time and fiercely fight for their interests.
If you’ve been a victim of sexual assault, we can help you with every step of the process. Though our attorneys are ruthless in representing you, they will always remain compassionate and understanding of you and your situation. We never want you to feel ashamed or apologetic about what you’ve gone through. You can feel confident that we will walk you through your ideal legal options and use our years of experience to your benefit.
Sexual assault cases can involve both criminal and civil courts. The offender can be charged for their crimes in criminal court, and the victim can file a claim against the offender to recover damages for the physical and emotional harm they suffered.
A civil sexual assault claim is similar to a form of personal injury claim. Like a personal injury claim, damages in a sexual assault case are based on the offender or institution’s negligence. Because they broke the law, they are behaving with negligence and malice. Most sexual assault claims have to prove that a crime was committed. Sexual assault refers to a range of sex crimes, including:
Essentially, any sexual act or action against the victim’s consent is considered sexual assault. These situations vary in severity. If you’re uncertain whether you can file a claim for sexual assault, speak with the attorneys at Cheney Galluzzi & Howard. We can help you understand what compensation may be available to you.
When you work with an attorney, your claim has a higher chance of success. Filing a claim yourself is inadvisable, as the legal system for sexual assault claims is complex. It also asks you to relive traumatic experiences as you gather evidence to prove your claim and advocate for your side of things against the defense.
An attorney can take care of those aspects of a claim. They will have the resources and knowledge to find essential evidence and represent you throughout the process. Though you may have to go through your experience, you can rest assured that your attorney can defend your rights if you are unable to stay in the courtroom. Many victims who try to save money by advocating for themselves lose for that reason and are unable to receive most or any of the compensation they deserve.
A: In a sexual assault case, the prosecution has the burden of proof. In a criminal case, the prosecution is the state. In a civil claim, the person filing the claim, often the victim of the crime, is the prosecution. The prosecution must prove the defendant is guilty beyond a reasonable doubt. This is a high burden of proof that can be difficult for inexperienced individuals to achieve. That’s why you want to hire an effective attorney. Filing a civil claim after the defense has been convicted of criminal charges is significantly easier.
A: If someone is convicted of sexual assault, the penalties depend on the severity of the crime committed, the type of case, and other details. Being convicted of sexual assault without force in Colorado results in two to eight years of incarceration and fees between $2,000 to $500,000. Sexual assault by force results in four to 16 years of incarceration and up to $750,000 in fines. It can be hard to say exactly how many years a sexual assault charge will result in, as specific circumstances can significantly impact this.
A: Several types of evidence may be used in a sexual assault case. What is relevant to your situation depends on the case’s circumstances. Common forms of evidence include:
An attorney will be able to determine what evidence is useful based on your unique circumstances.
A: DNA evidence is considered one of the most important types of evidence in sexual assault. DNA and fluid test results can identify the offender in certain situations. DNA will hold some weight in criminal court as it is an objective form of proof. Unfortunately, many defenses rely on consent, saying that any acts committed were consensual. When DNA evidence is combined with other forms of clear evidence, it becomes a stronger case.
We want to support you and ensure you are not alone in this fight for justice. Contact Cheney Galluzzi & Howard today to see how we can represent you.