Westminster Sexual Assault Attorney

Westminster Sexual Assault Lawyer

It can be hard when the institutions that are supposed to protect us fail us. Sexual assault is always horrible, but when it’s paired with institutional failure, it’s hard for that not to destroy every bit of trust that a person has. We know that victims of sexual assault in Westminster, CO need space and time to heal. We understand that something like filing a claim and receiving monetary damages can feel insignificant at the moment. What we do, though, is something that can hopefully give a person the resources that they need to begin healing from sexual assault. We understand that compassion and empathy are needed at this time. We also know that the monetary restitution that victims are owed can help give them the ability to recover. At Cheney Galluzzi & Howard, we can fight on your behalf, leaving you to focus on what you need to.

What Is Sexual Assault?

Sexual contact without the consent of the person being contacted is sexual assault. A lack of consent occurs either when the contact is made through force or the individual is incapable of consenting. The force need not be physical, but the assault could also be coerced through threats or psychological manipulation. Generally, most adults are capable of consent. However, minors and people who are either mentally ill, intoxicated, or unconscious are not capable of legally giving consent.

Who Is Liable for Sexual Assault?

Those who directly committed the assault are, of course, liable. However, it’s important to recognize that liability can frequently extend beyond that level. Often, sexual assault occurs at the hands of someone the victim already knew. That relationship can often be related to some institution. However, those institutions often have some level of responsibility to perform due diligence and protect all those who encounter them.

In many cases, we find that these organizations have failed to do basic things to prevent these circumstances, like:

• Perform background checks.
• Take accusations seriously.
• Implement commonsense measures.

Holding these institutions accountable is incredibly important because that process can force changes to be implemented more broadly. Similar groups want to avoid a similar outcome. Therefore, they will often implement measures to prevent future occurrences. The kinds of establishments that may be liable include:

• Churches
• Daycares
• Schools
• Universities
• Hotels
• Nursing Homes

What We Can Do

We help victims of sexual assault get what they are owed. We start with investigating the situation to understand all the potential points of liability. Our attorneys can then help you understand the merits of filing a personal injury claim against the appropriate parties. We can put together an estimate of the damages to request. Lastly, we can make your case in court and argue for what you deserve. Most importantly, though, we do all these things with the victim in mind first. Our team knows that what is most important is compassionate understanding. We are here to help, first and foremost.

Sexual Assault Attorney FAQs

Q: In Colorado, Can You Only Sue the Person Who Assaulted You?

A: It depends. Certainly, whoever committed the assault can be sued. Any claim brought beyond that will require showing that someone else also allowed the assault to happen. This is the case far more often than you might think. For instance, institutions like churches, schools, workplaces, hotels, nursing homes, and many others have all been sued for the part that they played in not taking appropriate steps to prevent sexual assault. Depending on the circumstances, certain inactions can lead to liability on the part of these organizations, such as:

• Not performing background checks
• Lacking security
• Not taking accusations seriously

Q: Will the Criminal Trial Affect My Civil Claim?

A: The criminal trial determines the guilt and punishment in criminal terms. A claim occurs in civil court. Where the criminal trial addresses the matter in terms of things like prison time or probation, the civil trial is about seeking financial restitution from the perpetrator. This is not, of course, to suggest that money can fix everything. The hope is more that the money can provide the victim with some level of relief and space to heal.

Q: How Is Sexual Assault Proven?

A: Several things can go into proving a sexual assault case, including witness testimony, photos, and video. However, the most compelling evidence tends to be physical evidence. Understandably, this can be some of the most difficult to collect. It typically needs to happen in a timely fashion, but it makes sense that anyone who has been through an assault is not going to want to be poked and prodded at that time. Just know that the medical staff should be very understanding and try to be the least burdensome that they can. It could be the vital proof that can hold the perpetrator accountable.

Q: What Is Considered Sexual Assault in Colorado?

A: Any sexual contact that has occurred without consent is considered sexual assault. In general, this could be something done through force. The force need not only be physical, but it could also be psychological or emotional. It may also occur because the victim cannot legally give consent. For instance, the intoxicated, the unconscious, minors, and the mentally ill are all not able to legally consent.

You Deserve the Opportunity to Heal

Money isn’t going to fix the situation for anyone who’s been sexually assaulted. Filing a claim against the perpetrator or the institutions that failed to take proper action to prevent the assault isn’t going to make the assault go away.

At Cheney Galluzzi & Howard, we understand that the thought of court proceedings, giving testimony, and the whole process can seem overwhelming. However, the restitution that filing a claim can provide can act as your support while you go through the healing process. It also can mean fewer problems for you to worry about, allowing you to focus on yourself. We can also tell you that we make every effort possible to make the whole process as minimally disruptive as we can. If you are ready for help that can fight hard for you, while still treating you with the compassion that you need at this time, contact us today.