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Injuries - Sexual Assault
What is sexual assault?
Sexual assault by definition is any unwanted physical sexual contact. Therefore, sexual assault can include touching that is not consented to as well as unwanted sexual activity, rape, aggravated rape, attempted rape, incest or child molestation.
Any unwanted sexual act that is forced, coerced or under duress is sexual assault. Voyeurism, exhibitionism and sexual harassment can, in some cases, also be considered sexual assault. While sexual assault is typically committed by someone the victim knows sexual assault may also be committed by a stranger. Things You should Know about Sexual Assault
Sexual assault can happen to anyone of any age, at any time, in any place. Women, men, and children of all races, classes, backgrounds, shapes and sizes are potential victims. However, more women are victims of sexual assault than men.
Statistically, one in four women will become victims of sexual assault at some point in their lives. Additionally, statistics show that one in seven women will be raped while in college, and 90 percent of these sexual assault victims will know the perpetrator. In an estimated 80 percent of all sexual assault that occurs the victim knows the rapist. The most common form of sexual assault, rape, is defined as forced sexual activity in which an individual’s sexuality is used against them. Physical use of force and verbalized threats are not a requirement in defining sexual assault. In the case of a victim who is under duress, manipulated, drugged, a minor child or for any reason is unable to make a cognitive decision, sexual activity is considered sexual assault. When consent to sexual activities is not clear it is considered sexual assault. Consent cannot be implied by relationship or circumstance. Acquaintance rape, or date rape, is still sexual assault and is considered a crime. Victims of A Sexual Assault
If you become a victim of sexual assault, it is vitally important that you get to a safe place and contact a trusted friend, family member or an anonymous sexual assault crisis hotline. Additionally, although difficult, a victim of sexual assault should receive medical treatment before changing clothes, washing or treating any injuries. This is extremely important, because this medical exam can provide important information and evidence which can protect you later, and assist law enforcement in charging the perpetrator of the sexual assault.
Victims of sexual assault may also file a police report either under their name or anonymously. If you are afraid of future attacks, even filing an anonymous report can assist law enforcement in preventing that assailant from committing future acts of sexual assault. Even if the victim chooses to include their name in the report, she/he still has the right to decide whether or not to press charges against the perpetrator of the sexual assault. As a victim of sexual assault, you have certain rights. If at any time you feel that your rights are being violated, you should contact an experienced attorney to learn more about your legal rights and options. Among these, are: the right to confidentiality
the right to be treated with respect
the right to determine needs and wants
the right to determine whether or not to file a report with local law enforcement
the right to receive medical and mental health services
the right to be provided with all legal, medical, and mental health options and information
In addition, you have the right to be treated with respect and dignity by law enforcement officials and medical staff. This included the right to be treated without prejudice. All officials and staff should consider your claim of sexual assault as valid.
Additionally, these officials should only ask questions which pertain to your current case of sexual assault. Any questions regarding past cases or previous sexual activity are inappropriate and should be reported.
The Consequences of Sexual Assault
Victims of sexual assault should understand that the crime against them is not their fault. Victims of sexual assault typically deal with a mix of emotional, psychological, physical and legal consequences following a sexual assault.
Sexual assault is an intimate invasion into one’s identity, as well as being illegal. Generally, the consequences of sexual assault are often escalated when the victim knows the perpetrator of the sexual assault. Victims should understand that, regardless of the relationship, sexual assault is a criminal act against an innocent victim. Victims of sexual assault have the legal right to press criminal and civil charges against the perpetrator of the sexual assault. If you or a loved one has become the victim of a sexual assault, an experienced and caring attorney with knowledge in sexual assault cases can review your sexual assault case to help you determine your legal rights and options. This experienced personal injury lawyer, highly qualified in sexual assault cases, can also protect your interests throughout all criminal and civil legal proceedings. If you, or a loved one, have been sexually assaulted in Kansas or Missouri, please do not hesitate to contact our office for a free consultation and case evaluation. Preserve Your Rights To Be Compensated - Contact Guilfoil Law GroupFailing to contact a personal injury attorney Immediately after you have been injured can be financially devastating to you and your family. Protect your rights and contact a Guilfoil Law Group now. Request a free initial claims evaluation. FREE INITIAL CONSULTATION - FREE INITIAL CLAIMS EVALUATION |