Can victims of sexual assault, abuse or harassment sue for compensation?
By Murray Bilfield, Bilfield & Associates
Although there have been a number of recent revelations of sexual assault, abuse and harassment perpetrated against women, men and teenagers by prominent individuals in government, entertainment, education and media, there are many more unreported cases where the victims of sexual misconduct simply suffer in silence.
The question is, why are their voices not heard? The reasons often include one of following:
• the misconduct was perpetrated by an individual having control over the victim’s employment, education or sports participation;
• a perceived lack of power on the part of the victim;
• the victim’s fear that no one will believe them;
• the victim’s fear of retribution and public condemnation and humiliation, i.e. loss of employment, social media attacks, victim blamed for misconduct.
What constitutes sexual misconduct?
Sexual misconduct involves behavior seeking sexual gratification from an unwilling or non-consenting victim.
The common elements of sexual misconduct are: (1) any non-consensual and/or unwanted contact; (2) sexual conduct that threatens or intimidates the victim.
Such behavior includes sexual assault, sexual abuse, and sexual harassment. Regardless of how the sexual assault, abuse or harassment occurs—whether through force, coercion, intimidation, duress, or manipulation—all types of unwanted sexual contact can have a devastating effect on its victims for many years into the future, particularly for young and immature victims.
Forms of adult sexual assault, abuse and harassment include:
• Rape, attempted rape, date rape
• Voyeurism
• Exhibitionism
• Sexual harassment in employment and/or education
• Sexual discrimination in employment and/or education
Forms of teenage and child sexual assault, abuse and harassment include:
• Rape, attempted rape, date rape
• Child molestation
• Manipulation for sex (grooming)
• Sexual abuse and harassment in education
• Sexual discrimination in education and athletics
Where can sexual misconduct occur?
Although sexual assault, abuse and harassment can occur almost anywhere, common places include hospitals, residential care facilities, nursing homes, prisons, college campuses, and college athletics programs.
Teenage and child sexual assault, abuse and harassment may occur in schools (public and private), school athletics programs and other extracurricular educational activities, churches and religious institutions as well as non-educational sanctioned group activities.
What should a victim do?
If you or a loved one has been a victim of sexual misconduct, you should immediately seek medical attention, if appropriate, and report the incident(s) to your local authorities.
It is important to enlist the help of a support network, which may include mental healthcare professionals who are experienced in the immediate and long-term effects that sexual assault, abuse or harassment has on the victim. Soon thereafter you should contact an experienced lawyer familiar with the claims that can be pursued in the civil justice system.
Your lawyer should be familiar with the type of counseling and treatment that your particular situation may require. It is important to recognize that while a perpetrator may be stopped from additional acts of abuse by the criminal justice system, the civil justice system can hold negligent parties accountable and provide monetary resources for victims that are unavailable in criminal cases.
Victims of sexual misconduct may be entitled to compensation for hospital and doctor bills, emotional distress, therapy and counseling for depression, substance abuse and/or post-traumatic stress disorder (PTSD). Whether the sexual assault, abuse or harassment occurs one time or is part of continued pattern of abuse, all forms of sexual abuse can result in long-lasting trauma.
Bilfield and Associates is located at 6300 Rockside Road, Suite 204, Independence. For a confidential discussion with attorney Murray D. Bilfield about your individual situation, please call 216-696-LAWS (5297); email mbilfield@bilfieldandassociates.com; or visit BilfieldAndAssociates.com.