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Dothan Sexual Assault Lawyer

Dothan Sexual Assault Lawyer

At Gartlan Injury Law, we provide compassionate legal representation to victims of sexual assault in Dothan. We know that no one can truly understand what you’ve been through, but we also know that we have the skills and resources to help you seek answers and justice.

When you reach out to us, we will provide you with a safe, confidential environment to discuss your situation.
We take the time to get to know you and understand what happened so that we can address your needs, concerns, and goals.
Our legal team will maintain close communication with you, making ourselves available to answer questions and keep you updated on your case.

If you have been the victim of sexual assault, you deserve justice. Reach out to Gartlan Injury Law for a free initial case review.
You’ll speak with a Dothan sexual assault lawyer and learn more about what we can do to help you hold those responsible for your assault accountable.

What Is Considered Sexual Assault?

In Alabama, sexual assault may involve a wide range of behaviors or conduct, including:

  • Rape or sodomy, engaging in sexual intercourse through force, or engaging in sexual intercourse with someone incapable of consent due to age or physical/mental incapacity
  • Sexual misconduct, which is engaging in sexual intercourse when consent was obtained through fraud or other improper means
  • Sexual torture or penetrating a victim with an inanimate object with the intent to assault them
  • Sexual abuse or forcibly subjecting someone to sexual contact or subjecting someone incapable of consent to sexual contact, with sexual contact being defined as any touching of the intimate parts of a person for the purpose of sexual gratification of any party

Sexual assault may be prosecuted as a crime under Alabama criminal law, and a victim of sexual assault may also file a civil lawsuit to hold the defendant financially responsible for the harm they caused.

Can a Victim of an Alabama Sexual Assault Sue Their Assailant?

A person who has been subjected to sexual assault can pursue a personal injury claim against their assailant.
Alabama personal injury law recognizes claims of battery, which is defined as intentionally touching another person without their consent when such contact is perceived as offensive or harmful by the other person.
A personal injury lawsuit may be filed for a sexual assault regardless of whether a criminal case is filed or whether the assailant is ultimately convicted of criminal charges for the assault.

In addition, a victim of sexual assault may also be entitled to file a lawsuit against other parties that can be held liable for the assault, when those parties’ negligence played some part in allowing the assault to occur.

For example, a commercial property owner may be subject to a lawsuit if a sexual assault was facilitated by negligent or inadequate security. A business can also be held liable for a sexual assault if the assault was perpetrated by an employee, where the business consciously disregarded complaints about the employee’s inappropriate behavior or the business’s lax hiring procedures failed to identify employees who posed a risk of sexual misconduct.

lawsuit paperwork

What Is Necessary to Prove Sexual Assault in Alabama?

As the plaintiff in a personal injury case, you will need to provide evidence that the defendant assaulted you. Examples of evidence that may be used in sexual assault lawsuits include:

  • Police reports
  • Surveillance footage
  • Eyewitness testimony
  • Forensic evidence, including fingerprinting or DNA analysis
  • Medical records and medical expert testimony, which may be used to prove that you were subjected to some sort of sexual penetration or sexual contact and that the contact occurred without your consent

To prove a sexual assault claim against another potentially liable party, such as a property owner or the employer of an assailant, you will need to prove that:

  • The other party had a legal duty to take steps to keep you safe from injury from a sexual assault
  • The other party intentionally or carelessly failed to fulfill this duty
  • The other party’s negligence created circumstances that led to your sexual assault, such as providing your assailant with access to you or creating an environment where the assault could occur without being discovered by others
  • You suffered harm and losses that you can be financially compensated for

What Sort of Compensation Is Available for an Alabama Sexual Assault Lawsuit?

In a sexual assault lawsuit in Alabama, you may be able to obtain financial compensation for expenses and personal losses that you have incurred because of the assault. Examples of the types of compensation available in an Alabama sexual assault claim include:

  • Costs of medical recovery, including emergency and hospital care, surgery, prescription medications, physical rehabilitation, and purchases of medical devices or equipment
  • Costs of therapy and other mental health treatment
  • Loss of income if you need to take time off work during your recovery
  • Loss of future earning capacity if you sustain permanent disabilities due to the assault, or if you choose to leave a job where you were assaulted
  • Physical pain from your injuries and medical recovery
  • Emotional trauma and distress
  • Loss of enjoyment and quality of life

In addition, in a sexual assault lawsuit, you may also be awarded punitive damages. Punitive damages do not compensate you for a loss.
Instead, they are intended to punish an assailant for their conduct and to deter others from committing sexual assaults in the future.

Is There a Time Limit for Filing a Sexual Assault Lawsuit in Alabama?

Yes, there. As a normal rule, the statute of limitations for personal injury in Alabama is two years.
However, for cases involving rape, violent sexual abuse, or sexual abuse of a person under 16 years of age, there is NO statute of limitations

Contact an Alabama Sexual Assault Lawyer Today

You should not have to suffer silently without seeking justice and accountability from those who abused you or who facilitated the abuse.
Contact Gartlan Injury Law for a free and confidential consultation with an Alabama sexual assault lawyer today.

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