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Levittown Sexual Assault Lawyer

For over twenty-five seasons, the popular crime drama “Law & Order: SVU” has been telling stories “ripped from today’s headlines” about heinous acts of sexual assault. Although those are fictional stories, there are alarming real-world statistics related to this type of crime. According to data collected by the Centers for Disease Control and Prevention, “over half of women and almost one in three men have experienced sexual violence involving physical contact during their lifetimes.” Of those rape survivors, the majority were under the age of 25.

These assaults will often create physical injuries such as cuts, bruising, and fractures. There could also be more chronic conditions, such as sexual violence, which are more likely to smoke and abuse alcohol and drugs. There will also be ongoing trauma that can impact the survivor’s work and personal relationships.

One measure of comfort that the survivors of these assaults can achieve is to hold the perpetrator accountable and receive compensation from any person or entity that allowed this treatment to happen. That is when the services of a compassionate Levittown sexual assault lawyer can help.

Our attorneys at Laffey Bucci D’Andrea Reich & Ryan understand the sensitive nature of these types of claims. We also know the applicable laws that allow us to pursue a remedy for our clients. If you or someone you care for has been the victim of a sexual assault, you might feel hopeless and overwhelmed. We are here to offer support and guidance. Contact us to schedule a complimentary, confidential case consultation to discuss the rights Pennsylvania law affords you.

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The Definition of Sexual Assault

The victims of sexual assault and abuse can be any gender and any age. The core issue with sexual assault refers to the issue of consent. In simple terms, it involves sexual contact or behavior occurring without explicit consent from the victim.

The following are some examples of sexual assault:

  • Rape or attempted rape
  • Unwanted sexual touching or fondling
  • Forcing a victim to perform sexual acts, such as oral sex
  • Exhibitionism
  • Sex trafficking
  • Masturbation, either forced or in the presence of the victim
  • Obscene phone calls, text messages, or digital interaction
  • Any other sexual conduct that is harmful to the victim’s mental, emotional, or physical welfare

The age of the victim is also an important consideration for these matters. The Pennsylvania Coalition to Advance Respect reminds us that age and experience create a power imbalance. They detail the state’s consent laws in the following ways:

  • Children less than 13 years old cannot grant consent to sexual activity.
  • Teens between the ages of 13 and 15 cannot consent to sexual activity with anyone who is four or more years older than them.
  • People ages 16 and older can legally consent to sexual activity with anyone they choose, as long as the other person does not have authority over them as defined in Pennsylvania’s institutional sexual assault statute.

It is important to note that sexual assault can also occur between married couples or couples who are dating. The moment one person denies consent for a sexual act, the line has been drawn. If the other person crosses that line, it can be considered an assault.

Legal Rights for Survivors

As disturbing as it might sound, 63% of incidents of rape are not reported to the police, and only 12% of child abuse cases are reported to authorities. That is according to data collected by the National Sexual Violence Resource Center. There are many reasons why these crimes go unreported. The victims could be experiencing shame or embarrassment. They might also be afraid of retaliation. Talking with an experienced Levittown sexual assault lawyer can help you understand the rights you’ll have as a sexual assault survivor.

You will be allowed to provide a victim statement at the criminal hearing of your attacker. You’ll also be able to share your feelings on any post-sentencing hearings. Additionally, you will be able to obtain a restraining order during the proceedings.

Criminal Versus Civil Standards in Sexual Abuse Cases

Under Pennsylvania law, the victims of sexual abuse are entitled to pursue a claim against their abuser by way of a civil lawsuit. That complaint can be filed regardless of whether the perpetrator has been prosecuted. In other words, you don’t have to wait for the outcome of a criminal trial to pursue your case.

With a criminal case, prosecutors need to prove their assertions of the assault beyond a reasonable doubt. That means presenting sufficient evidence that proves the defendant committed the crime.

When you pursue a civil complaint where you are seeking damages in a sexual abuse case, you only have to prove your case by a preponderance of the evidence. In legal terms, that means there is at least a 50 percent chance the perpetrator committed the crime. That extends to any additional parties you might name in your lawsuit.

In both cases, you and your Levittown sexual assault attorney will present the same evidence to support your case. The most compelling and informative evidence will be your testimony. As emotionally charged as it might be to relive the assault, the jury needs to hear what happened from you. You will work closely with your attorney to become fully prepared to be questioned.

The following are some additional types of evidence that can support your claim:

Police Report

The police report will provide a lot of details of when, where, and how the assault took place. That report will also include your initial statement, a version of the events, and a description of your perpetrator.

Medical Records

If you were able to go to an emergency room after the assault, you provided possible DNA evidence from your attacker. Your medical records will also detail the extent of your injuries. Medical records are also important for cases where assaults have taken place over a period of time. Those records can include psychiatric evaluations.

Videos and Photos

As disturbing as they might be, video surveillance of the assault and photos of your injuries will both be important pieces of evidence that could be presented in your lawsuit.

Eyewitness Testimony

In claims of ongoing abuse, there could be corroborating eyewitness testimony, such as medical reports that demonstrate signs of abuse. Additionally, there could be friends and family members who heard about the allegations firsthand.

Financial Statements

You need to have documentation that supports your financial losses that can be attributed to the assault. These could be expenses for medical exams and ongoing therapy. There might also be proof of loss of income.

Your attorney will work closely with you and their team of investigators to gather all of this evidence and present it as a compelling and truthful narrative of what happened.

Who Can Be Held Accountable for Sexual Assaults in Levittown, PA

Justice for victims of sexual assault begins with holding the perpetrator accountable. However, there might be other entities and people who contributed to the conditions that allowed the act to be committed. For instance, a company that does not conduct a thorough background check and employs someone convicted of a past sexual offense could be liable if that person assaults a customer of the company.

Another example is the infamous Penn State sexual abuse scandal. As reported by CNN, many of the victims of the assault sued the university. So far, there have been settlement awards totaling over $109 million.

The following are some additional examples of entities and people who could be named in a sexual assault lawsuit complaint:

  • Church and clergy
  • Youth organizations
  • Coaches and sports leagues
  • Teachers and schools
  • Foster care parents and organizations
  • Physicians, nurses, and healthcare workers
  • Nursing home staff
  • Bosses, coworkers, and the company that employs them
  • Dates and acquaintances

There are statutes of limitations for filing civil suits in child and adult sexual assault cases. We recommend speaking with an attorney in Philadelphia as soon as possible to learn about the deadlines for filing your sexual abuse and sexual assault case.

Compensation Available for Victims of Sexual Abuse

While no amount of money can replace the trauma associated with a sexual assault, you are entitled to seek a remedy in the form of monetary compensation that will provide a modicum of relief and help you move on from the incident. The following are some of the potential damage categories that could have an assigned value:

  • Past, present, and future medical costs
  • Physical pain
  • Emotional suffering
  • Relocation funds (if applicable)
  • Lost income
  • Physical rehabilitation
  • Psychological therapy
  • Loss of enjoyment of life
  • Loss of companionship

The amount of the noneconomic damages varies between cases. Often, it is up to a jury to decide the amount, and they might go beyond what is being asked. Your attorney will also continue to negotiate with the at-fault parties to come up with a reasonable settlement that can prevent the need for a trial. You will also be kept informed about any offers and counteroffers, and you’ll have the final word on what to accept.

  • $9 million

    A car crash resulting in a passenger suffering permanent quadriplegic injuries

  • $2.5 million

    An on the job injury where an union carpenter fell on a construction site and was injured because of defective fall protection equipment

  • $2.5 million

    A workplace accident on the job resulting in below-the-knee amputation of the plaintiff’s right leg

  • $1.1 million

    Against a fraternity for negligently serving alcohol which resulted in a stabbing assault of two frat party attendees

  • $101 million

    The collapse of a parking garage at the Tropicana Casino in Atlantic City that injured over 30 construction workers on the job and killed 4 men working on the project (largest construction accident settlement in U.S. history).

  • $15 million
  • $117 Million

    Against a Christian Board School and other defendants that allowed horrific acts of sexual and physical violence against the young children in their care.

  • $12,500,000
  • $9,900,000
  • $7,500,000

    Union carpenter sustained serious shoulder injuries when he fell after stepping on another contractor’s debris

Get Support From a Levittown Sexual Assault Lawyer

The statute of limitations defines how long you have to file a civil complaint. In most personal injury cases, that statute is two years. However, the courts and state legislatures treat sexual assault cases differently. Adults have two years to file a civil complaint (starting from the day of the incident). However, a new law expands protections for victims who were abused as a minor and want to bring suit as an adult.

The law is the Eliminating Limits to Justice for Child Sex Abuse Victims Act. Before it was enacted, you could only file a complaint up to 12 years after you reached adulthood (18 years). With this law, there is no age limit to file a complaint for minor abuse.

These are just a few of the laws that our legal team at Laffey Bucci D’Andrea Reich & Ryan are extremely familiar with. We understand how the criminal statutes would impact a civil complaint. We also provide resources to help our clients manage their trauma. We can make recommendations for mental health care to help you heal.

Most importantly, we offer support through every step of the claim process. We understand how difficult it is to discuss these matters, and we approach these cases with sensitivity and respect. Our goal is to help you find justice and peace. It all begins with a free consultation. Call to talk with a Levittown sexual assault lawyer today. We want to hear what happened and discuss how we can help.

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Philadelphia, Pennsylvania 19107
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