Sexual Assault Victim Lawyer in Greensboro NC

Sexual assault is a horrific act that can leave a victim with a lifetime of physical and emotional scars. Unfortunately, many perpetrators of sexual assault are never convicted of a crime – but the criminal justice system is not the only way they can be held accountable for their actions.

A Greensboro, NC, sexual assault victim lawyer at Ward Black Law can help you demand justice and accountability by filing a civil suit against the person who hurt you. We know that no amount of money will make up for the abuse you have suffered, but it can compensate you for your medical bills, counseling, and pain and suffering. In many cases, it can also bring a sense of closure and a measure of justice.

You deserve the chance to hold your abuser accountable for their actions. Contact Ward Black Law to find out how we can help during a free, fully confidential consultation with a compassionate attorney in Greensboro.

What Is Sexual Abuse?

Sexual abuse as a term describes a range of different acts, including:

• Rape and forcible sexual intercourse
• Unwanted sexual contact
• Intercourse or other sexual acts committed against someone who is either unconscious or cannot communicate to give consent
• Intercourse or other sexual acts committed by a family member or authority figure against someone under their care, even if the acts are nominally consensual
• Intercourse or other sexual acts against someone too young to legally give consent
• Forced prostitution and human trafficking
• Producing pornographic materials using children

The bottom line is that any sex act involving someone who has not or cannot give legal consent can be construed as sexual abuse.

Difference Between Civil and Criminal Sexual Abuse Cases

The American legal system is broadly divided into two separate tracks: the criminal courts, which maintain societal law and order, and the civil courts, which resolve disputes between private parties.

Certain acts, such as sexual assault and abuse, are considered crimes against the state and wrongs committed by one person against another, which means both court systems can handle them separately. In other words, the state can prosecute someone for sexual assault in criminal court, while the person they assaulted also sues them in civil court. The person does not have to be found guilty of committing sexual assault in a criminal court to be held financially liable for their actions in a civil court.

A few key differences between civil and criminal sexual abuse cases in North Carolina include:

• Civil cases do not allow abusers to be sentenced to prison. Only the criminal courts can sentence a defendant to jail or prison.
• Civil cases have a lower standard of proof. For someone to be convicted of criminal sexual abuse, the evidence must show they are guilty “beyond a reasonable doubt.” In civil cases, the standard is that a defendant can be held liable based on “the preponderance of the evidence,” which simply means that they are more likely than not to have committed an act of abuse.
• Civil cases allow victims to seek compensation directly. A civil suit enables you to seek compensation for the losses you suffered due to the sexual abuse committed against you, including medical bills, lost income while unable to work, physical pain, and emotional trauma.
• Civil sexual abuse cases have a statute of limitations, while most criminal cases do not. There is no statute of limitations for felony sex crimes in North Carolina, which means an abuser can be charged at any time after the abuse was committed. However, there are certain time limits for victims who wish to file a civil sexual abuse claim.

Who Could Be Liable in a Civil Suit Over Sexual Abuse?

The person who directly abused you may not be the only party who can be held liable for what they did. North Carolina law allows abuse victims to hold certain parties responsible if the abuse happened on their premises or under their supervision. That includes parties such as:

• Schools and colleges
• Landlords and property managers, in cases of negligent security
• Nursing homes
• Teachers, doctors, and others who are required by law to report suspected sexual abuse

Types of Compensation Available to Sexual Abuse Survivors

A civil sexual abuse lawsuit can help you recover compensation for many different injuries and losses you have suffered, such as:

• Medical bills related to the abuse
• Lost income if the abuse left you unable to work
• Pain and suffering from physical injuries
• Emotional distress resulting from the abuse
• Punitive damages to punish abusers for their acts

North Carolina Sexual Abuse Laws

North Carolina law covers a wide range of acts that can be considered sexual abuse, including:

• Inappropriate touching – Fondling, groping, or touching someone sexually against their will
• Sexual harassment – Unwanted comments, advances, touching, or other indirect actions that cause distress at work or in another context
• Molestation – Unwanted sexual advances and touching, which can be classified as child molestation if the victim was under the age of 14 at the time
• Sexual assault and battery – Engaging in sexual activity through force or the threat of force, or if the victim is unable to give consent
• Rape – Sexual intercourse without the victim’s consent, including cases where the victim is unconscious or otherwise, cannot give consent
• Statutory rape – Sexual intercourse by someone older than 18 with a victim who is a child, though there are narrow exceptions to this law

Statute of Limitations for Civil Sexual Abuse Claims in North Carolina

The statute of limitations for sexual abuse claims in North Carolina depends on how old you were when the abuse occurred.

The general statute of limitations for personal injury claims in North Carolina, including sexual abuse claims, is three years from the date of your injuries (essentially, three years from the last date on which the abuse took place). If you were abused before your 18th birthday, though, you have until you turn 28 to file a civil claim against an abuser.