Sexual assault is a devastating and traumatic experience that can impact victims for years in Lakewood, CO. Even if the person responsible rightfully faces criminal charges, the people who have suffered are often unable to find the recovery they need. Assault and abuse victims need to know that they can receive compensation and the help they require to heal and move on with their life. If the person at fault has not been held criminally responsible, filing a compensation claim can help bring charges against them.
If you’ve suffered sexual assault, you deserve to know the legal options you have available. What has happened to you isn’t your fault, and you deserve to get the help you deserve. At Cheney Galluzzi & Howard, we are ready to advocate for you.
At Cheney Galluzzi & Howard, we have represented many victims of sexual misconduct. We understand how challenging and traumatic these cases are for victims, and our attorneys are incredibly capable of providing representation and support. We bring criminal and civil charges against the responsible party or parties and find justice for victims and their families.
Though we provide relentless and effective representation during a sexual assault claim, we always remain caring and empathetic to the clients we work with. We understand that reliving this experience is incredibly difficult, and the scrutiny of others on your situation is often disheartening and frustrating. We want to support you through all of this and ensure you never feel ashamed or uncertain about where you stand. Our attorneys are here to help you.
Cheney Galluzzi & Howard can bring you strong and compassionate legal counsel and representation.
Sexual assault refers to a number of illegal actions, and in criminal court, the person who commits these actions can be criminally charged. However, the person who suffered these actions can file a sexual assault claim, which is done in civil court. This claim is essentially a personal injury case where the victim sues the person responsible for the damages done to them.
Personal injury cases are based on negligence, and committing a crime is always negligence. A sexual assault claim includes some of the following crimes:
Other actions may warrant a sexual assault claim as well. Any sexual act done without consent is sexual assault. These acts differ in severity, but even situations that some might consider less severe could be worth pursuing in a claim. Talk with a legal professional at Cheney Galluzzi & Howard to determine what compensation you may be eligible for.
Sexual assault claims are often difficult for individuals, both because of complex legal requirements and personal trauma. A claim is more likely to succeed when you work with a qualified attorney, as significant evidence is required to convict your abuser or institution of the crime they committed. An attorney can help with gathering and seeking out essential evidence. This process may be emotionally difficult or even traumatic for you if you file without an attorney and gather information yourself.
During the case, your attorney can advocate for your interests and present evidence. Many victims have a hard time arguing for their side of things and may even lose their claim by doing so. You are already likely to face reliving the experience and being discredited by the defense. These are further emotionally traumatic experiences. Your attorney can speak on your behalf during a difficult time and still be able to advocate for you if you are unable to stay in the room.
Sexual assault cases often include both criminal and civil cases, which can become complex. In criminal court, the state is prosecuting the abuser or institution. In a civil case, the person filing claims is the prosecution, and they must prove that the defendant is guilty beyond a reasonable doubt. This is a high burden of proof. If the abuser has already been convicted of sexual assault in criminal court, winning a civil claim is likely easier.
A: When you file a civil claim for sexual assault, you are the prosecution and have the burden of proof. This means you have to prove beyond a reasonable doubt that you were assaulted by the defendant, and they do not have to prove their innocence. This is why you want to work with an experienced and dedicated attorney for your case to give it its greatest chance at success.
A: Sexual assault charges vary based on the type of assault, how severe it was, and other specific circumstances. Conviction of sexual assault without force in Colorado is a Class 4 felony and has a sentence of two to eight years in prison and $2,000 to $500,000 in fines, as well as registration as a sex offender. Sexual assault by force or drugging is a Class 3 felony. Conviction results in four to 16 years in prison and $3,000 to $750,000 in fines.
A: In Colorado, the statute of limitations to bring a sexual assault case forward is 20 years. If the victim was 15-17 years of age, those 20 years start when they turn 18. Criminal charges can be brought by the state at any time if the victim reported the crime within those 20 years and there is DNA evidence of the abuser. A victim should report sexual assault as soon as possible. The longer they wait, the more likely evidence will be lost or no longer be useful.
A: This depends on several factors. Only 31% of sexual assault cases are estimated to even be reported. Of that number, about 16% result in an arrest. From there, 56% of these arrests lead to a felony conviction, and 89% of felony convictions result in incarceration. Your chances of succeeding in a case increase if you have evidence. Speak with an attorney about your case.
We want to support and represent you and your family during this time. Contact our attorneys today.