Sexual Abuse Lawyer Phoenix AZ

Victims of sexual abuse and sexual assault often face lifelong consequences. Not only is there physical damage in many cases, but most suffer from shame, fear, and emotional trauma for the rest of their lives. Sexual abuse can come from many places, including clergy, teachers, coaches, and even family members.

Sexual abuse survivors have the right to pursue civil claims against their abusers to recover compensation for legal damages. Injury Lawyer Team is committed to standing by your side and holding your abuser accountable for their actions.

Why Choose Injury Lawyer Team

Our Phoenix sexual abuse attorneys work hard to achieve the highest possible compensation for our clients. However, we also understand victims of sexual abuse or assault need the utmost compassion during this difficult time. We will handle the heavy lifting of the claims process so you can focus on healing physically and emotionally.

We offer a free initial consultation so you can ask any questions about how to file claims. Our law firm will thoroughly investigate the claim to assess all damages, collect evidence, and negotiate a fair deal. Injury Lawyer Team will fight relentlessly to protect your rights so you can focus on the healing process.

Understanding Sexual Abuse and Assault

Sexual abuse and sexual assault have slightly different definitions under Arizona law. Sexual abuse occurs when a person intentionally or knowingly engages in sexual contact with someone else without their consent.

Sexual assault occurs when a person intentionally or knowingly engages in sexual intercourse or sexual oral contact with someone else without their consent. These distinctions are important for both a criminal trial and your civil claim.

Both instances share a lack of consent. Additionally, sexual abuse and sexual assault typically occur when there is a power imbalance between the victim and abuser. Rape is a particularly heinous act, and it happens more often than most think. In 2018, there were 65.7 reported rapes per 100,000 population in Phoenix, AZ [1].

Common Forms of Sexual Abuse

Sexual abuse can take many forms. Here are some examples of situations that could be defined as sexual abuse according to state law.

• Unwanted touching – A person who touches someone else with a body part or object in a sexual manner may be committing abuse.
• Sexual intercourse – Penetrative sex with an unwilling victim is defined as rape and can lead to criminal charges and a lawsuit in civil court.
• Sexual exploitation – Using a position of trust, power, or vulnerability for sexual purposes is considered sex abuse.
• Child sexual abuse – The bar for child sex abuse is often much lower since minors are particularly vulnerable.
• Sexual exposure – Forcibly subjecting a person, especially a child, to view sexual imagery is considered sexual exposure and is a form of abuse.
• Sexual threats – Threatening violence or other harmful acts against someone to force them into performing sexual acts is sex abuse.

Institutions Where Sexual Abuse Is Most Likely to Occur

Sexual abuse cases often occur in institutions, many of which are designed to be spaces where everyone feels safe. Here are some locations where people may be sexually abused or sexually assaulted.

• Workplace – The power dynamics in a workplace create the potential for sexual abuse among employers and employees.
• Inpatient treatment centers – Medical facilities where patients stay overnight are often the locations of sexual abuse cases, especially since these patients are often vulnerable.
• Prisons – In prisons, the relationship between prisons and guards creates significant power imbalances and opportunities for sexual abuse.
• Foster care – Unfortunately, the families charged with caring for foster children sometimes take advantage of them and abuse them sexually.
• Daycare – Parents who bring their children to daycare must be wary of staff or even other parents who may commit child abuse.
• Educational institutions – Sexual assault or abuse can also happen in academic organizations like schools, often because of power dynamics between staff and students
• Religious institutions – Clergy abuse has become a big problem worldwide because of the power some clergy have over attendees or members
• Nursing homes – Elder abuse occurs regularly in nursing homes because seniors are less capable of standing up for themselves against staff or other abusive residents
• Sports clubs – The dynamics between coaches/trainers and athletes, particularly in the youth ranks, can lead to sexual misconduct
• Military institutions – Bases and military organizations often have strict hierarchies that make it easy for abusive individuals to take advantage of those under their authority.
• Hotels and rentals – Staying in temporary living spaces could lead to sex crimes if an abuser has access to your room.
• Shelters – Some of the most vulnerable people stay in shelters, and the lack of security could place them in danger of being abused sexually by others.

Steps to Take If You Are a Victim

Sexual abuse victims often suffer for years because of their trauma. Although complete healing may be a long way off, it is essential to take the proper steps after the abuse occurs to care for your well-being.

First, you must ensure your safety after the incident occurs. That may mean contacting emergency services to receive medical treatment or going to a hospital. Next, you should consider reporting the sexual assault or abuse to the proper authorities. That may be the Phoenix Police Department or the National Sexual Assault Hotline (800-656-4673).

You should document everything you can about the incident and the circumstances leading up to it. Your next step should be calling Injury Lawyer Team to begin the civil claims process.

Compensation for Sexual Abuse Victims

When victims bring claims against their abusers, the purpose is to recover fair compensation for damages suffered because of the abusers’ actions. If you have suffered from sexual abuse or sexual assault, you may be facing short-term and long-term consequences like injuries, medical treatment, and emotional challenges.

You can receive a settlement equal to the monetary value of these damages, including medical expenses, therapy bills, emotional distress, pain and suffering, and loss of enjoyment of life.

Liability in Sexual Abuse Cases

Taking legal action for personal injury requires proving liability. You must prove that it is more likely than not that the defendant behaved negligently or intentionally to cause you harm and that damages resulted from the abuse.

Defendants in personal injury cases can be individuals or institutions. An institution may be liable for insufficient background checks, poor supervision, creating environments where abuse is possible, failing to report incidents, or failing to respond adequately to complaints.

Several legal principles could also influence the outcome of your case. Vicarious liability occurs when one entity is held liable for the actions of another, depending on the relationship between them. In education institution abuse cases, Title IX, which polices the treatment of different sexes, may also factor in.

Legal principles based on the power dynamics within religious institutions also exist. All these elements will be essential to proving liability in your personal injury claim.

How to Prove a Sexual Assault or Sexual Abuse Case

The key to winning your claim is providing evidence. The evidence must show the defendant had a duty of care, breached that duty with their conduct, and caused you to suffer legal damages.

Types of evidence may include images of the physical damage, DNA tests, eyewitness testimony, footage of the incident, official complaints, doctor’s notes, medical exam results, or expert consultants.

Your Phoenix sexual abuse attorney knows what evidence will strengthen your claim, so working with one of our legal representatives will increase your chances of earning maximum compensation.

The Role of Phoenix Sexual Abuse Lawyers

Sexual abuse cases and the claims process are incredibly complex. Legal guidance will make a massive difference in navigating the process correctly and winning a settlement. Injury Lawyer Team is ready to represent your interests while protecting sensitive information.

First, we offer a free, confidential consultation upfront so we can discuss your legal options with no obligation. If you decide to work with us, we will assess all damages to determine a fair settlement amount.

Our Phoenix sexual abuse lawyers will investigate the incident, gather evidence to present your claim, and negotiate for the compensation you deserve. Though these personal injury cases are often settled out of court, we will provide helpful trial preparation and represent you throughout the process.

The Time Limits for Filing a Claim in Phoenix

Sexual misconduct falls under the statute of limitations for personal injury. In Arizona, you have two years from the incident date to file a civil claim against your abuser or the institution responsible for the problem. If you wait too long, it may be impossible to claim compensation unless there are exceptional circumstances.

These statutes do not apply to criminal proceedings regarding your sexual abuse incident. For example, if you plan to press charges against someone for statutory rape, there is no statute of limitations in Arizona. Many other forms of abuse have a deadline of seven years for criminal charges.

Contact a Phoenix Sexual Abuse Attorney Today!

Call us today at 866-757-6452 for your free consultation, or reach out via the online form.

Related Practice Areas

Chandler Sexual Abuse Lawyer
Mesa Sexual Abuse Lawyer
Scottsdale Sexual Abuse Lawyer
Tucson Sexual Abuse Lawyer

Resources: [1] Macrotrends – Phoenix Rape Statistics