In Pennsylvania, victims of sexual assault have the right to seek justice and compensation for their pain and suffering through the civil court system. The trauma from such an egregious violation can extend far beyond physical injuries, affecting numerous aspects of a survivor’s life. Whether it be therapy costs, lost wages, or the deep psychological impact, these are all forms of damages that may be recoverable in a lawsuit.

Legal Basis for Pain and Suffering Claims in Pennsylvania

The Keystone State recognizes the claim of intentional infliction of emotional distress (IIED), which might apply in cases of sexual assault. This legal theory allows for victims to pursue damages against offenders whose conduct was so malicious and outrageous that it caused severe emotional distress. Additionally, should there be a physical component to the trauma sustained, personal injury laws also permit claims for pain and suffering as part of the broader suite of damages.

It’s crucial for survivors to understand that the civil legal process operates alongside, but separately from, any criminal proceedings. While a criminal conviction can certainly bolster a civil case, it is not a prerequisite for pursuing civil remedies.

Potential Defendants in a Civil Sexual Assault Case

Determining who to hold accountable in a civil lawsuit involves careful consideration of the events surrounding the assault. Here are the groups of individuals or entities that could potentially be sued in Pennsylvania:

The Assailant: The individual who perpetrated the act of sexual assault can be sued directly.
Employers: If the assailant was acting within the scope of employment, or the employer failed to perform adequate background checks, the employer might be liable.
Property Owners and Managers: In case the assault happened on their property due to inadequate safety measures, property owners or managers might be held responsible.
Organizations/Institutions: Entities like schools, universities, businesses, etc., may be sued for failing to prevent the assault due to negligence or lack of proper safety protocols.
Enablers: Anyone who knowingly provided the assailant with the opportunity or means to commit the assault could also be held liable.

Steps to Take if Considering a Lawsuit

Consult an Attorney: Sexual assault cases are particularly complex. It’s essential to work with an attorney skilled in both personal injury and sexual assault cases. They will navigate the intricacies of the legal system and help you understand your rights.
Document Everything: If you’re considering legal action, start documenting every detail related to the incident and its aftermath. This includes medical records, psychological treatment, personal journals, etc.
Understand the Statute of Limitations: There are time limits for filing a lawsuit, so it’s important to act swiftly to ensure your claim is heard.
Consider Your Goals: Civil litigation can be emotionally taxing. Reflect on what you wish to achieve—whether it’s compensation, holding someone accountable, or both—as you’ll need to communicate this to your legal representative.

In summary, while no one can change the past or erase the trauma of sexual assault, Pennsylvania law does provide avenues for survivors to seek the compensation they deserve for their pain and suffering. Legal action can be a step toward healing and personal empowerment. If you’ve been the victim of a sexual assault in Pennsylvania, it is recommended that you speak to a knowledgeable and compassionate attorney who can guide you through your legal options.

West Chester Pennsylvania Sex Crimes Lawyer

It may be possible to fight your Pennsylvania Sex Crimes charge and win, but you’ll never know if you plead guilty without first exploring your options. Ciccarelli Law Offices can review your case to determine whether the local Pennsylvania district attorney’s case has weaknesses that are open to challenge.

We will prepare each case as though it is going to trial to insure preparation and thorough understanding and will take the case to trial if you are not satisfied with the resolution that is offered. We strive to be zealous advocates and always try to obtain the best results for our clients.

We are based in West Chester PA (Chester County) in Suburban Philadelphia and represent individuals charged with serious Sex Crime charges including but not limited to Sexual Assault, Aggravated Sexual Assault, Statutory Sexual Assault, IDSI, Involuntary Deviant Sexual Intercourse, Indecent Assault, Indecent Exposure, Child Pornography, Rape, Statutory Rape, Corruption of Minors, Child Molestation and Illegal Contact with a Minor throughout Pennsylvania including but not limited to

Philadelphia, Lancaster, Allentown, Oxford, Exton, Phoenixville, Parkesburg, Malvern, Coatesville, Lionville, Chesterbrook, Devon, Newtown Square, Berwyn, Wynnewood, Villanova, Glen Mills, Concordville, Pottstown, Downingtown, Kennett Square, Chadds Ford, King of Prussia and beyond.

You deserve a West Chester Pennsylvania Sex Crimes Lawyer that is available when you need him, treats you with respect, and protects your rights vigorously. For more information or to schedule an appointment with an experienced Pennsylvania Sex Crime Attorney at Ciccarelli Law Offices, by contacting us at (610) 692-8700 or toll free at (877) 529-2422.