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If you’ve been a victim of sexual abuse or assault, it’s important to understand that filing criminal charges isn’t your only recourse — you may also be able to pursue a civil action. While a criminal conviction can result in your attacker facing jail time, fines, and other consequences, it doesn’t compensate you for the damages you suffered. By filing a personal injury lawsuit, you can hold the attacker civilly liable for the harm they caused you and recover the economic and non-economic damages you incurred.
While the perpetrator who committed the sexual abuse will always be the primary person responsible, they may not always be the only party who can be held accountable. In addition, it can often be difficult to obtain any monetary recovery from them in a personal injury action. Depending on the facts of your case, you may be able to name a third party in a lawsuit.
In many sexual abuse cases, another person, an employer, or entity may have failed to ensure the safety of those to whom they owed a duty. For instance, if a school, business, entity, or organization knew — or should have known — about the risk of abuse and failed to take measures to address it, they could be held liable for negligence. Common examples of third-party negligence in a sexual abuse can include an employer’s failure to conduct background checks or a property owner’s failure to install surveillance cameras or take security measures in an area where crime was known to occur.
When it comes to liability for sexual abuse committed in the workplace during the course of employment, an employer can be held vicariously liable for abuse committed by an employee under the doctrine of respondeat superior. This makes an employer directly responsible for the abuse, rather than only negligent for allowing it. Alaska also follows the “aided-in-agency” law, which can hold an employer responsible for the conduct of an employee even if it is outside the scope of employment. This law can be applied in situations where, because of their employment, the employee who committed the abuse has substantial power or authority to control important elements of the victim’s life or livelihood.
Regardless of whether a case was pursued through the criminal justice system, the civil system allows a victim to recover a wide variety of economic and non-economic damages in a sexual abuse case. Economic damages compensate for the financial losses you suffered in connection with the assault. Non-economic damages, also known as pain and suffering, are meant to compensate for the losses that are much more difficult to quantify but have substantially impacted your life.
Specifically, recoverable damages in Alaska sexual abuse cases can include the following:
Importantly, the burden of proof is much lower in a civil case than in a criminal matter. While a jury must find the perpetrator of the sexual abuse guilty “beyond a reasonable doubt,” the standard of “preponderance of the evidence” is used in personal injury lawsuits. This means that in order to obtain damages, a victim must be able to show that it is more likely than not that the defendant caused the harm they suffered.
Damages in sexual abuse cases can be proven in a number of ways. To establish the amount of economic damages you incurred, you will need to show tangible evidence in the form of medical bills, receipts, invoices, and pay stubs. However, pain and suffering damages can be complex to calculate. These are classified as non-economic damages and often require the testimony of expert witnesses to explain the significance of the injuries and how it impacted your life.
Other evidence that can be used to support your claim can include your own testimony, witness testimony, documentation of communications, security camera footage, photos, and various other evidence, based on the facts of your case.
In certain sexual abuse cases, punitive damages may be awarded. The purpose of these damages is not to compensate a victim, but to punish the negligent party and deter others from engaging in similar conduct. Under Alaska law, punitive damages can only be awarded if the court finds that the defendant’s behavior was outrageous, or they demonstrated reckless indifference to the interests of the victim.
Sexual abuse and assault can result in serious injuries and lifelong trauma — and it’s crucial to hold the perpetrator accountable for the harm they caused you to suffer. If you were a victim of sexual abuse or assault, a skillful and compassionate personal injury attorney can help ensure you recover the compensation you deserve for your injuries.
Proudly serving accident victims in Anchorage, Soldotna, Kenai, Palmer, Wasilla, and other areas of Alaska, The Trial Guy, Eric Derleth, is committed to representing clients for a broad scope of personal injury matters, including sexual abuse cases. Call 907-262-9164 to schedule a free consultation at our Anchorage or Soldotna office, or contact us online. Our phone lines are open 24 hours a day, seven days a week.
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