Sexual assault and abuse are unthinkable crimes that no one should have to deal with. These crimes happen more than they should, especially in religious establishments, and the impacts that they have on the victims will last them for the rest of their lives. From physical injuries to emotional and psychological distress, survivors will forever be changed.

Injury Lawyer Team understand how difficult choosing to sue an abuser is, which is why we handle all our sexual abuse and assault cases with care and plenty of determination. Our attorneys have expertise in this area of law and won’t stop until we’re able to get you the compensation you deserve and your abuser is held responsible.

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Why Choose Injury Lawyer Team

If you’re interested in taking action against the institution that sexually abused or assaulted you, you’ll want to hire an attorney with experience with these cases. At Injury Lawyer Team, we have an abundance of experience working on sexual abuse and assault cases nationwide.

During our time helping survivors with their cases, we’ve successfully obtained compensation that will allow them to begin rebuilding their lives and see their abuser held responsible. We’ll be in your corner every step of the way to ensure that your rights are protected and will work tirelessly to get the outcome you want with your case.

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Understanding Sexual Abuse and Assault

Sexual assault is the legal term used for rape. New Jersey law defines sexual assault as any act of penetration under various circumstances, including if the person is under 13, the victim is under 16, the two are related, one person had authority over the other, a weapon was used, the victim was coerced, or the victim was mentally incapacitated.

This includes victims who are mentally disabled as well as those who are intoxicated or under the influence of an illegal substance.

Sexual abuse is any sexual act, including penetration or sexual contact, between an adult and a child under 18. This includes various sexual acts, including touching a child through their clothes.

The lack of consent is what makes an action or behavior a sex crime. You can consent and then take it away if you are no longer okay with what’s happening. The age of consent in New Jersey is 16, which means a 16-year-old can legally consent to having sex with an adult.

However, the law says consent is 18 if the other person must care for the child, such as a parent, foster parent, teacher, coach, etc.

Romeo and Juliet laws help protect teenagers from convictions if they have consensual sex. For these laws to protect teenagers, the younger person must be at least 13. There cannot be more than a four-year age gap between the two people.

So, a 13-year-old can legally have sex with a 16-year-old, and it’s not considered a crime. New Jersey provides another clause that a 16-year-old can consent to have sex with anyone under 30.

Power imbalances also play a role in sexual abuse and assault. Someone who has any form of power over someone else can abuse their power to sexually abuse or assault someone. This can happen between two people, but power imbalances are common between an adult and a child or in the workplace.

Common Forms of Sexual Abuse

As mentioned above, there are a lot of different crimes that can fall under sexual abuse or assault. Some of the most common forms that are important to know about include:

Drug-Facilitated Sexual Assault: The use of drugs or alcohol to either manipulate someone into consenting to sexual acts or so they can’t consent.
Rape and Sexual Assault: Non-consensual sexual penetration, no matter how forceful or on what part of the body.
Incest: Sexual acts between family members. This can be between two family members but is often between an adult and a child.
Child Sexual Abuse: Any sexual behavior or activity that an adult does to a child. It can be anything from inappropriate touching and comments to violating their bodies.
Voyeurism: This is when someone watches someone or several people undress or participate in sexual activity without knowing someone’s watching them.
Exhibitionism: When someone exposes their genitals in public to people without their consent.
Sexual Harassment: Unwelcomed sexual advances, usually in the form of comments, asking for sexual favors, or touching. It’s often seen in the workplace.

Institutions Where Sexual Abuse Is Most Likely to Occur

It doesn’t matter where you someone is. Sexual abuse and assault can happen. While not everyone will have to deal with this, those who do tend to experience it at specific institutions. At Injury Lawyer Team, we’ve been able to help survivors who’ve suffered sexual abuse or assault at the following institutions:

Workplace: We’ve seen a lot of sexual harassment cases in the workplace of our clients.
Inpatient Treatment Facilities: We’re ready to protect vulnerable people seeking help at an inpatient treatment facility in Jersey City.
Prisons and Correctional Facilities: Just because someone’s an inmate doesn’t mean they deserve to be sexually abused or assaulted. We handle these cases for inmates or prison workers when the abuse happens at the facility.
Foster Care: We’re prepared to help those in our foster care system stay safe and bring sexual abuse and assault perpetrators to justice.
Daycare Facilities: Children should feel safe in their daycare facilities, but we’ll be there to hold those accountable who sexually abuse or assault them.
Educational Institutions: Whether it’s an elementary school or an institution of higher education, we’ll help protect survivors’ rights at any campus.
Religious Institutions: Religious institutions have taken advantage of their congregation. We’ll help bring those who commit clergy abuse to justice.
Nursing Homes: Elder abuse happens far too often, especially in nursing homes where they should feel safe and well taken care of.
Sports Clubs: Athletes of all ages have been sexually abused and assaulted by their team coaches and doctors. While it doesn’t happen to everyone, we’ll be there to protect their rights if it does.
Military Institutions: Even though the military tends to like handling these cases in military court, we’ll be there to support survivors when they want to see their abuser get justice outside of military court.
Hotels and Short-Term Rentals: Anyone who goes on vacation and stays at a hotel or short-term rental can rest assured that we’ll be there to fight for compensation for sexual abuse or assault that happens at these places.
Shelters: Those in shelters are seeking a safe place, and being sexually assaulted or abused is anything but secure. We’ll be ready to hold those at the shelter and the shelter accountable.

Steps to Take If You Are a Victim of Sexual Assault

If you’ve been a victim of sexual assault, the first thing you need to think about afterward is to get yourself somewhere away from the perpetrator(s). While it can be challenging to think clearly after the trauma that occurred, here are some steps to take immediately after the assault:

Find a Safe Place: If you can, get yourself somewhere safe and away from whoever hurt you. If you can’t but can call 911, they’ll be able to help you.
Go to the Hospital: The hospital is an excellent option for safety, but if you don’t go there immediately, get there as soon as possible. You’ll want to ensure you’re checked out even without visible injuries.
Ask for a Sexual Assault Forensic Exam: This exam is also known as a rape kit and can be beneficial in preserving any DNA evidence of the perpetrator so you can prove the assault happened.
Preserve Evidence: Besides the rape kit, you’ll likely want to preserve any other evidence you can. This can be your clothes or any object they might have touched.
Report the Sexual Assault to the Police: Filing a police report isn’t the same as filing a lawsuit, and even if you’re not ready for the lawsuit, having a police report on file in Jersey City can help you in many ways.
Find Support Where You Can: No one should feel alone after a sexual assault. You can reach out to your loved ones for support or local resources in Jersey City, like the New Jersey Coalition Against Sexual Assault (NJCASA) or Hudson Speaks Against Sexual Violence.
Write Down Everything: Writing down everything you remember leading up to, during, and immediately after the sexual assault can be vital when you’re ready to file a lawsuit against your attacker.
Contact a Sexual Assault and Abuse Attorney: When you’re ready, speak with our experienced sexual assault lawyers, who will protect your rights while still holding your attacker responsible.

Let’s discuss the specifics of your case

Compensation for Sexual Abuse Victims

No amount of money will change what happened to you, but it can be beneficial as you rebuild your life. Our attorneys and legal team at Injury Lawyer Team will fight to make sure we protect your rights while securing a fair settlement under the circumstances.

The type of compensation we’ve been able to help obtain for sexual assault and abuse survivors include:

Medical Expenses: Whether you visit the hospital or doctor’s office once after the sexual abuse or assault or multiple times, you’ll be able to receive compensation to cover those costs.
Therapy Costs: Ongoing counseling services will be vital to helping you process what happened to you and begin to heal. We can secure compensation to help cover these costs.
Lost Wages: If you can’t work for however long after the abuse or assault due to physical or emotional damages, we can help get compensation to cover those lost wages.
Pain and Suffering: This is damage for any physical pain and emotional or psychological damage you’ve endured.
Punitive Damages: In cases of extreme negligence, we can fight for punitive damages to be awarded.
Loss of Enjoyment of Life: If you cannot enjoy your daily life as you were before, we can secure compensation for you.

Not every sexual assault and abuse case is the same. We’ll do everything we can to secure you the maximum amount for your settlement, but the amount that will be offered will depend on factors such as:

The degree of negligence of an institution (if applicable)
The overall impact of the assault or abuse on the survivor’s life
The severity and duration of the sexual abuse or assault
The strength of the evidence provided

Liability in Sexual Abuse Cases

In sexual assault and abuse cases, it’s obvious that the person committing the actions is liable, but we can hold institutions responsible too. We can hold institutions liable on several grounds including:

Failure to Report: Choosing to not report the suspected or confirmed sexual assault or abuse to the appropriate authorities.
Negligent Retention: Knowingly keeping a perpetrator on staff despite suspected or confirmed accounts.
Negligent Hiring: Not properly screening employees or ignoring any red flags in their history.
Inadequate Supervision: Not providing adequate supervision of employees, like allowing adults with children when the policy states they cannot be together without someone supervising.

If we decide to hold an institution liable, we’ll use various legal principles to help prove liability like:

Title IX: Federal law that requires educational institutions to have additional measures in place to prevent and recognize seuxal abuse and assault.
Charitable Immunity: This immunity principle ensures that charitable organizations aren’t protected from these allegations despite the good they do.
Vicarious Liability: Allows that institutions be held liable for the actions of their employees.

How to Prove a Sexual Abuse Case

We can claim that an institution is liable in your sexual abuse or assault case all day, but we have to prove it to the courts. At Injury Lawyer Team, we’ve crafted a comprehensive approach to proving institutional liability:

Collecting evidence of any kind of sexual abuse or assault
Establishing a pattern of negligence or intentional misconduct
Showing the harm that the assault or abuse caused
Gathering expert testimony supporting the assault or abuse
Connecting the abuse to the damages presented
Investigating the sexual assault and abuse claim.

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How Our Jersey City Sexual Abuse Lawyers Can Help

Choosing to work with Injury Lawyer Team when it’s time to seek justice ll be getting an experienced, determined, and compassionate ally in your corner. The ways we can help survivors include:

Providing a Free and Confidential Consultation: You’ll have a safe place to share your story with us and hear your legal options.
Thoroughly Investigating the Claim: We’ll work with law enforcement and other experts to investigat eyour claim.
Building a Strong Case to Present: Our team will focus on building the strongest case possible to ensure we can reach a fair settlement and hold your abuser accountable.
Offering Resources: We’ll help you find resources you can use to help heal and rebuild your life.
Communicating With Insurance Companies and Opposing Counsel: We’ll make sure that you don’t have to deal with speaking with any insurance companies or your abuser’s counsel.
Going for the Maximum Compensation: Money won’t erase what happened, but we’ll work to get you the highest compensation possible for your case.
Negotiating Settlements: We’ll attempt to negotiate the settlement out of court on your behalf.
Fighting in the Courtroom: If we can’t handle the settlement out of court, we’ll be there to fight for your rights in the courtroom.

The Time Limits for Filing a Claim in Jersey City

Some survivors are ready to take legal action against their abuser immediately, but that’s not the case for everyone. Whether it’s due to emotional readiness, fear, or other personal reasons, it’s your choice when to pursue a civil claim. It’s important to understand your legal options and the time limits for filing a civil lawsuit.

New Jersey has specific statutes of limitations for civil claims involving sexual abuse. Recently, the state has made significant changes to allow survivors more time to seek justice through civil action. In cases of childhood sexual abuse, for example, survivors now have until their 55th birthday or seven years after discovering the abuse to file a civil lawsuit—whichever is later.

For adults, civil claims may also be possible. However, these must typically be filed within a set period of time after the abuse occurred. This gives survivors a greater degree of flexibility compared to criminal cases but still requires prompt action.

Contact a Jersey City Sexual Abuse Lawyer Today!

Jonathan Rosenfeld, Chicago Personal Injury Lawyer

At Injury Lawyer Team, we are dedicated to protecting the rights of sexual abuse and assault survivors in Jersey City. When you’re prepared to take legal action, we’ll stand by your side and fight relentlessly to ensure justice is served.

Sexual abuse and assault are traumatic experiences that no one should endure. When these horrific acts occur, having a skilled attorney and legal team by your side is crucial. You need compassionate advocates with extensive experience in handling these cases, guiding you from the initial consultation to holding the responsible parties accountable.

Book a free, confidential consultation by calling 866-757-6452 or completing our online form.

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