Sexual assault and abuse are incredibly traumatic. Although these offenses are criminal in nature, many offenders are not held responsible for sex crimes in Denver, CO. If they are held responsible, victims must rebuild their lives only knowing that their abuser is being punished by the law. Often, they do not have the personal resources to overcome their trauma.
If you are the victim of unlawful sexual conduct, it is important to understand your options. Whether the law is criminally punishing your abuser or not, you can take action to receive the support and compensation that you deserve during this time. Remember, this situation is not your fault. You deserve to be compensated for what you have been forced to endure.
With the help of a qualified lawyer, you can file a sexual assault claim against your abuser and seek the justice that you deserve. Our team at Cheney Galluzzi & Howard is here to help.
The rate at which sexual violence occurs is alarming and disheartening, but our team is ready to act. As advocates for those who have been sexually assaulted, the attorneys at Cheney Galluzzi & Howard are well-equipped and highly trained to represent individuals in sexual assault cases. We understand the pain, anger, and heartbreak that often come with these cases. Our firm works diligently to achieve justice for you and your family.
Although we are ruthless in our pursuit of justice, we offer compassionate, patient, and empathetic legal counsel to all our sexual crime clients. We know that this is an incredibly difficult time for you. We invite you to come to our offices as you are. You do not need to be apologetic or ashamed about what happened to you. This is not your fault, and we are here to help.
Our team has many years of experience in this field. Although these cases are difficult, we are confident that we can offer you the legal resources necessary to fight your claim.
A sexual assault claim can take many forms. However, at its core, it is a personal injury case in which a victim of sexual assault sues or presses charges against their abuser. Such cases are civil rather than criminal. They aim to provide compensation for the damages that the offender caused.
Personal injury claims are a large area of the legal system, and they rely on negligence for validation. Any time an individual or business acts negligently and causes harm, they can be held responsible through a personal injury claim.
Negligence is a complicated issue that occurs differently in every situation. However, a person is negligent any time that they disobey the law. Because sexual crimes are against the law, a victim can claim that their offender acted negligently by committing their sexual crime.
If you want to take action after you have been sexually assaulted, or endured unwanted sexual contact, it is important to have an attorney to represent you. Unfortunately, many people who commit sexual crimes are not brought to justice. Having an attorney gives you an improved chance of winning your claim.
Having an attorney also offers you the ability to seek justice without putting yourself on the front lines of your case. Advocating for yourself after a sexual assault can be very emotional. Many people jeopardize their claim by attempting to argue on their own. With an attorney on hand, you can be sure that your argument is preserved even if you become emotional or upset as the case proceeds.
Finally, it is important to remember that these situations are legally complicated. Although the scenario may seem very straightforward to you, the law requires that the prosecution provide evidence and prove that the defendant is guilty “beyond a reasonable doubt.” Therefore, you will likely need more proof than you expect to build your case. An attorney will be able to obtain the relevant evidence and build a strong case in your favor.
Sexual assault is a broad category of offenses, all of which are eligible for legal action. If you have endured any of the following offenses, you may be able to file a sexual assault claim:
There may be other actions that constitute sexual assault and can lead to a sexual assault claim. If you are unsure whether you have a sexual assault case, speak with a qualified attorney from Cheney Galluzzi & Howard.
Sexual assault actions range in severity. Your experience may be more severe or serious than others, but it may be less. Regardless of your situation, it is worth exploring a legal claim. You deserve compensation for what you have endured, no matter how it compares with others’ experiences.
As with any legal case, the court requires the prosecution to provide evidence that the defense has committed a crime or wrongdoing. The defense is considered innocent until the prosecution proves that they are guilty beyond a reasonable doubt.
This means that it is your obligation to provide evidence that the defendant sexually assaulted you. The court calls this the “burden of proof.”
It can be emotionally difficult to compile and handle the burden of proof in sexual assault cases. Your attorney will be in charge of this obligation. They can work with you to identify pieces of evidence that may help prove that the defendant is guilty. Common types of evidence in sexual assault cases include:
There are many other types of evidence that may be available in your situation. It is important that you do not discredit or discard any potential type of evidence if you wish to take legal action.
One of the safest ways to benefit your claim is to get a rape kit or sexual assault panel at a clinic or hospital as soon as you can after the event. Although you may be inclined to avoid such a setting, the results from the tests can help your case astronomically. Results rely on swift action to achieve accurate results, so you should go to a medical facility as soon as possible. This evidence will be lost within a day or two, so do not wait.
If you have bruises, cuts, marks, or other physical indications of your assault, take photos and videos of the area. As physical injuries often heal quickly, the photos can help show the court what happened and the immediate effects of the event. It can be helpful to continue to take photos daily until the injuries heal.
In some cases, victims of sexual abuse interacted with their abuser before or after their assault. Although you may be inspired to delete all communication with the person who hurt you, it benefits your case to keep them.
If you are unsure of how to preserve evidence after a sexual assault, contact an attorney right away. We can help you determine what evidence may be helpful and what steps you can take next.
Choosing an attorney is a meticulous process in any scenario, but especially when dealing with cases of sexual assault. These cases are often extremely emotionally difficult and put the victim in a position of further vulnerability. Because of this, it is important to choose your attorney wisely.
The most important aspect of an attorney’s career is their experience. It is important to find an attorney with direct experience in the same type of case that you are facing, and you should be as specific as possible. The more similarities your attorney’s other cases have to yours, the higher the likelihood that your attorney may know how to navigate challenges and unique circumstances.
It is also important to find an attorney with whom you feel safe and who listens to you. Many people face difficulties when recounting traumatic experiences. Having an attorney who feels comfortable and approachable to you can make the experience easier. Your attorney can also be your advocate during court and trial proceedings. This is key to both winning your case and navigating the emotions that may accompany it.
Finally, it is important to find an attorney who fits your financial circumstances. To create the strongest case, you need to have seamless legal representation. If you discover that you cannot afford your attorney’s fees after you have already begun to work with them, it can jeopardize your claim. Attorneys should feel comfortable disclosing their rates and discussing finances with you. If a potential attorney avoids speaking about finances, look elsewhere.
A: The burden of proof is a key legal concept in American law. Because of this precept, the prosecution in a case is responsible for proving that the defendant is guilty. It is not the responsibility of the defendant to prove their innocence. Therefore, the burden of proof for the case is on the prosecution. If you are prosecuting someone for sexual assault, you must show beyond a reasonable doubt that the sexual assault has occurred because you have the burden of proof.
A: If an individual is found guilty of sexual assault, their charges will depend on the type of case, the severity of the crime, and the details of their circumstances. Because of this, it is difficult to say how many years a person would get if found guilty of sexual assault. If you wish to know what kind of punishment the defendant is facing in your case, speak to an attorney about the unique circumstances of your situation.
A: The statute of limitations for sexual assault cases is 20 years in Colorado. This means that an individual has two decades to bring a case forward. However, the longer you wait to file your claim, the more evidence will be lost. It is very difficult to prove something that happened 20 years ago without the proper evidence and testing. As soon as you know that you have a sexual assault case, you should contact an attorney and file your claim.
A: This depends on the circumstances. About 50% of sexual assault incidents involve an arrest. If someone is arrested, there is approximately an 80% chance that they will face charges. Of those 80%, 58% involve conviction. Only about 68% of felony sexual assault scenarios result in jail or prison.
These statistics should not dishearten you. If you have enough evidence, your case has an increased likelihood of succeeding. An attorney can help you determine your odds.
A: The cost depends on the firm and lawyer that you are working with. Many charge hourly, but the hourly rates can range from $200 to $500 depending on the situation. Although some lawyers charge a flat rate, it is less likely in a sexual assault claim than it is in other types of legal matters. Your attorney may charge a percentage of your settlement instead of a flat or hourly rate. It is important to discuss finances with potential attorneys before beginning to build your case.
Although rape and sexual assault are difficult topics, our attorneys are here to fight for justice. With many years of experience, the team at Cheney Galluzzi & Howard is here to represent you with compassionate, kind, and thoughtful legal counsel. You and your family can trust us during this difficult time.
For more information about our firm, our policies, or to schedule an initial consultation with us, please contact Cheney Galluzzi & Howard today.