The Civil Court System Can Also Form a Lifeline

Every 68 seconds, an American is sexually assaulted. Sexual violence is a pervasive problem and not just a crime against women.

According to the Centers for Disease Control and Prevention (CDC), “More than one in three women and nearly one in four men have experienced sexual violence involving physical contact at some point in their lives. Nearly one in five women and one in 38 men have experienced completed or attempted rape in their lifetimes.”

Out of every 1,000 sexual assaults, only 25 lead to criminal prosecution; the majority will not serve time. Our criminal justice system makes no provisions for perpetrators (or responsible third parties) to face financial liability to survivors, but our civil courts do.

We remember Eli Sanders’s Pulitizer prize-winning narrative “The Bravest Woman in Seattle” (read the full text here), detailing a 2009 sexual assault crime in Seattle’s South Park neighborhood.

Two women were tortured, stabbed, and raped in their own home when a man climbed in through an open window. Only one survived, and she bravely shared her story in the name of justice. Every survivor will recover in his or her own way, and in their own time.

We understand the struggle to overcome the overwhelming feelings of humiliation, shame, and guilt. When the time is right, there will be some who will find the courage to step forward and disclose the painful truth. When survivors feel the need to reclaim control of their life, initiating litigation can be empowering.

Holding responsible parties accountable is often therapeutic, and can be an important part of the recovery process.

A civil lawsuit may bring much-needed closure when survivors can seek accountability, a measure of justice, a modicum of satisfaction, and financial compensation. A civil suit, for some, can be restorative justice.

The Physical, Psychological and Social Effects of Sexual Violence

The effects of sexual violence impact not only the survivor, but his or her social relationships with family, intimate partners, friends, and co-workers.

Marriages end, and careers and educational pursuits are put on hold. The physical effects of sexual violence will heal with proper and immediate medical attention, but emotional trauma is often overwhelming and can last a lifetime.

Some of the physical effects of sexual assault include:

• Unwanted pregnancy
• Gynecological complications
• Sexually transmitted infections

Psychological consequences of sexual violence include:

• Insomnia
• Eating disorders
• Difficulty concentrating
• Depression
• Anxiety
• Withdrawal
• Shame
• Nervousness
• Post-traumatic stress disorder
• Substance abuse
• Attempted or completed suicide
• Diminished interest or avoidance of sex
• Low self-esteem/self-blame

Emotional reactions to a violent sexual assault include:

• Guilt, shame, self-blame
• Embarrassment
• Fear, distrust
• Sadness
• Vulnerability
• Isolation
• Lack of control
• Anger
• Numbness
• Confusion
• Shock, disbelief
• Denial

The social impact of sexual violence includes:

• Strained relationships with family, friends, and intimate partners
• Less emotional support from friends and family
• Less frequent contact with friends and relatives
• Lower likelihood of marriage
• Isolation

State Specific Statistics

Here are some facts about sexual violence and abuse in Seattle and Washington.

• In 2017, Community Sexual Assault Programs in Washington served 13,398 primary victims of sexual assault and 9,175 secondary sexual assault victims
• A national survey of Washingtonians between 2010-2012 found that 45 percent of women and 22 percent of men have experienced sexual violence during their lifetime
• In 2016, 17.7 percent of 10th graders in Washington reported that they had been made to engage in unwanted kissing, sexual touch or intercourse
• 80 percent of Washington women’s sexual assault experiences occurred before age of 18
• More than 33 percent of women in Washington State have been sexually assaulted in their lifetime
• Almost 20 percent of these women have been the victims of multiple assaults by different offenders
• Only about 25 percent of the women who suffered physical injuries sought medical assistance, and only 33 percent sought counseling

Damages for Sexual Assault and Abuse

Financial compensation is generally based on the physical and emotional harm the victim suffered and will continue to suffer, as a result of the assault.

Civil action against a third party is possible when the assault happened in the workplace, school, or long term care facility, based on:

• Negligent supervision
• Complicity
• Failure to provide adequate security

The amount of financial compensation awarded will often take into consideration:

• Costs associated with any personal care required during recovery
• Travel expenses directly related to the assault
• Loss of income
• Compensation for pain and mental anguish

Some factors the courts will consider in assessing damages for pain and suffering are:

• The nature of the acts
• The duration of the assault
• The relationship between the perpetrator and the victim
• Breach of trust
• The age of the victim
• The impact the assault has on the victim’s education or career

The skilled, highly trained, and experienced sexual abuse attorneys at Boohoff Law have the resources to thoroughly investigate every nuance of each client’s personal story to determine the appropriate course of action.

Every client is treated with respect and dignity. Those survivors who are ready to tell their story can contact our office at (877) 999-9999. We are always ready to listen.

Perception Becomes Reality

In the court of public opinion, the believability of a survivor’s story will often depend on how he or she acts following the incident.

One of the most common ways those who have been sexually violated react is to simply say or do nothing. Why? Maybe out of fear, maybe out of disbelief, maybe to simply forget. A victim may be afraid of the attention, investigation, and scrutiny they could encounter by reporting the assault.

Historically, people often have difficulty understanding why anyone would choose silence over immediately seeking justice. Emotions are heightened at extremely volatile moments, and then the brain’s natural protective properties take over.

Dissociation is the escape of the mind from the body in times of extreme stress, sense of powerlessness, pain, and suffering. What may seem, to some, to be inconsistencies in the way a survivor reacts, is often typical and predictable behavior.

Those who experience sexual violence may not always be able to make decisions to protect themselves.

It is entirely possible for a victim:

• To not report anything or delay reporting
• To not be able to recall details of the event
• To have large gaps in memory
• To have inconsistencies in memory
• To struggle with decision making
• To show no physical evidence of injury
• To be unable to identify the perpetrator
• To have no apparent emotional expression
• Blame themselves for the assault or the molestation,
• Have a relationship with the perpetrator after the assault
• Deny or minimize the experience

Unfortunately, this makes it substantially harder to ensure victims receive the protections they need and that perpetrators are held accountable. A good attorney, however, can help you to overcome these obstacles to finding justice.