Sexual Assault

Under no circumstances are instances of sexual assault justified. If you have been sexually assaulted, it is not your fault and you are not to blame, and we are here to help.

The trauma caused by sexual abuse is unlike many injuries.  It’s more than physical. It is emotional, mental and psychological. It is permanent and it is real. It’s a violation of your emotional and mental safety and well-being. Its normal to feel alone, ashamed, embarrassed and confused.

Trauma from sexual assault is real, and many survivors struggle with lifelong effects. You deserve justice and justice may be available to you through the civil court system.

At The Joel Bieber Firm, these special injuries are entrusted to a dedicated team led by Melissa Hague.  Melissa and her team understand the trauma caused by sexual assault. They are here to LISTEN to you and will BELIEVE you.

Melissa and her team want to hear your story. We will fight to hold your perpetrator accountable. Our team will stand by you and guide you through every step of the process.

You are not alone. We want to help you get justice. Talk to Melissa to find out your options.

All conversations are private and confidential. Many of these cases can be resolved confidentially and without filing a lawsuit.

Call Melissa directly at 804-315-3559 or you can email us privately.

About Sexual Assault

If you are the victim of a sexual assault, you are not alone and it is not your fault.

What happens to victims is an incredibly personal violation that creates a flood of overwhelming emotions. Emotions that many are not comfortable sharing. We understand. We are here to listen to your story when you are ready to tell someone, and we will guide you through it.

Types of Sexual Violence

According to the United States Department of Justice, sexual assault is “any type of sexual contact or behavior that occurs without the explicit consent of the recipient.” The legal definition of sexual assault varies from state to state. Click here for information about the sexual assault laws in your state. Sexual assault comes in many different forms – from sexual taunting and harassment to rape.

Some examples of sexual assault include, but are not limited to:

  •   Sexual Coercion: making someone feel obligated to have sex by using guilt, pressure, drugs/alcohol or force
  •   Drug-facilitated Sexual Assault: often associated with the use of date rape drugs or when ability to consent is compromised due to drugs or alcohol whether consumption was voluntary or not
  •   Sexual shaming among kids and teens: bullying in a sexual nature. These instances often occur in schools, athletic locker rooms, or among teammates.
  •   Stalking: pattern of repeated harassment, unwanted contact and attention. Can include repeated unwanted calls, emails, messages, gifts, etc. Some states that specifically allow civil lawsuits for stalking: CA, AR, KY, MI, NE, OR, RI, SD, TN, TX, VA, WA, WY
  •   Groping: unwanted touching and fondling of another person’s body parts
  •   Rape: penetration without consent
  •   Intimate partner Violence: a.k.a. spousal rape, marital rape, etc.: wide range of violence from physical abuse to rape. A 2007 study showed that most women who were physically abused by their partner have also been sexually assaulted by that same partner.
  •   Child sexual abuse: ANY sexual activity between a child/adolescent and an adult with or without sexual touching. Include forcing child to touch themselves, exposing self to child, viewing or violating private behaviors of a child or teen, taking or showing explicit photos of a child or teen.
  •   Incest: any sexual contact between two family members that wouldn’t be legally allowed to marry
  •   Elderly sexual assault: when perpetrator engages in sexual activity without the others consent. Often occurs when the elder was unable to provide consent due to medical condition, like dementia or Alzheimer’s, and perpetrated by a loved one or caretake, person in a position of power.
  •   Prisoner Rape: typically, the perpetrator is another inmate, guard, or staff in a position of power over the inmate
  •   Multiple perpetrator assault: commonly called “gang rape.” Can start out as consensual act between 2 partners, but then others join without one partner’s consent. Can be used as form of initiation into a group (e.g. gang, club, etc.).

What is Consent?

There is no one legal definition for consent because each state has its own laws that determine how consent is defined. However, there are three main ways that states analyze consent in relation to sexual acts:

Affirmative consent:

Did the person express overt actions or words indicating agreement for sexual acts?

Freely given consent:

Was the consent offered of the person’s own free will, without being induced by fraud, coercion, violence, or threat of violence?

Capacity:

Did the individual have the capacity, or legal ability, to consent?

The capacity to consent takes the following, among other things, into consideration:

Age: Is the person at or above the age of consent for that state? Does the age difference between the perpetrator and victim affect the age of consent in that state?

Disability: Of course, most people with disabilities are just as capable of consenting to sexual activity as people without disabilities, but understanding someone’s disability is key to obtaining consent. Does the person have a developmental or cognitive disability, such as a traumatic brain injury, which may inhibit their decision-making capacity at that time?

Intoxication: Was the person intoxicated? Different states have different definitions of intoxication, and in some states, it matters whether you voluntarily or involuntarily became intoxicated.

Relationship of victim/perpetrator: Was the alleged perpetrator in a position of authority, such as such as a boss, teacher, doctor, care-giver, or correctional officer?

Unconsciousness: Was the person sleeping, sedated, strangulated, or suffering from physical trauma/illness?

Vulnerable adults: Is the person considered a vulnerable adult, such as an elderly or ill person? Is this adult dependent on others for care?

Consent is an active, sober, verbally and/or physically communicated yes – not the absence of no.

Where Do Assaults Happen?

Common places where sexual assault is reported:

  •   College campuses
  •   Doctors Offices
  •   Military
  •   Public places with poor lighting
  •   Hospitals
  •   Public bars
  •   Hotels
  •   Schools
  •   Child Care facilities
  •   Nursing homes
  •   Camps
  •   Foster care
  •   Youth Sports
  •   Intercollegiate Sports

 

Sexual Assault Statistics

  • One in three girls and one in five boys will be sexually assaulted by the age of 16.
  • 1 out of every 3 American women will be sexually assaulted in her lifetime.
  • 1 in 7 women who are married to men will be raped by her husband.
  • 6 out of 10 rapes/sexual assaults occurred in the homes of the victim, family members, or friends.
  • 1,871 rapes occur per day in America.
  • 3 women in the U.S. are raped every minute.
  • Three out of five rapes happen before age 18.
  • Three out of ten rapes happen before age 11.
  • Between 80 – 90% of sexual assault victims knew their attacker.
  • An American is sexually assaulted every 98 seconds
  • Ages 12-34 at the highest risk of being sexually assaulted.

 

FOR HER – 

One in three women is sexually assaulted in their lifetime. However, very few assaults are reported and even fewer are prosecuted criminally. Justice may be available through the civil courts system.  We can help.

 

FOR HIM –  

One in 5 men have been sexually abused or assaulted in their lifetime.  If you have been a victim of unwanted sexual contact – you are not alone.  Sexual abuse of men and boys is under-reported and under-recognized.

FOR THEM – https://assaultvictimlawyer.com/for-them/

Nearly half of transgender people will report sexual assault in their lifetime. But reporting data on victims who do not fit traditional gender constructs is extremely limited.  We will be sensitive to your needs and help you get the justice you deserve.

  • WHAT IS MY CASE WORTH?

    Contact an experienced Injury Claims Lawyer at The Joel Bieber Firm today for your free initial consultation.