Kansas and Missouri Sexual Assault and Rape Victims Deserve Compensation

If you or a loved one has been a victim of rape or a sexual assault, there are two types of legal action you may be able to pursue: (1) civil justice and (2) criminal justice. “Civil justice” may be obtained by presenting a claim or by filing a lawsuit against the assailant or rapist in order to obtain financial compensation. “Criminal justice” may be obtained by working with a prosecutor who may bring charges against the assailant or rapist.

Rape or Sexual Assaults of Minors

When a victim of a sexual assault or rape is a minor, a parent may receive an award of monetary damages on behalf of the minor. A parent may be able to bring a claim against the assailant or rapist themselves if there are any recoverable assets. Secondary sources of recovery may include a negligent place of business, a school, an organization or any establishment involved in the attack. In order to make a recovery against an entity, you must show that they did something wrong. Examples include: an organization may be required to pay compensation to a victim if they should have been supervising the minor but failed to do so; a business may be required to pay money to a victim if they should have conducted an adequate background check, but fell short; or a school may be held responsible if they had knowledge of previous similar instances but failed to take action. Parents throughout the midwest have successfully won cases on behalf of sexually abused children against churches, youth groups, scout troops, childcare facilities, and others who failed to take action from stopping the abuse from occurring. If you have a child who has been sexually assaulted, it is important to contact a lawyer with experience in these types of cases to make sure you do not make a mistake and waive your legal rights.

Difficulties Victims May Face

If you are a survivor of a sexual assault or rape, you understand the horror and challenges associated with the experience.

• FINANCIAL DIFFICULTIES: You may face significant medical bills, or require medical treatment for the rest of your life. Medical costs of all types may be considered as part of a civil action including emergency care, and mental health care. If the victim is employed, lost wages may be included as a part of the damages figure that may be awarded in a civil case.
• MENTAL DIFFICULTIES: A study done by Economica, showed that “18.7% of child abuse victim showed signs of depression, 32.8% exhibited low self esteem and 15.4% had signs of academic problems.” This was statistically significant from the control group of their peers who were not assaulted.

Why Should I Contact A Lawyer

Recovery from a traumatic experience must take place on multiple levels: physical, mental, spiritual, and financial. It is a lawyers job to assist in the recovery process. While a lawyer ultimately is after a financial recovery, a successful outcome for many victims represents the first step in recovery on all levels. A money award from a civil suit is a time limited process. A lawyer will be able to offer the most help to the victim if they can start working as soon as possible after the assault. If the case ends up in court, it is easier for a lawyer to gather evidence and talk to witnesses while they still remember what occurred.

What If My Assailant Was Never Charged

Kansas and Missouri law do not require that an assailant be convicted of a sexual offense in order to recover money in a civil case. In a criminal case, you must show “beyond a reasonable doubt” that the sexual offense occurred. The evidentiary standard in a civil case is “more likely than not” which makes it easier standard. Particularly in cases where the assailant has made up a story or excuse about their reprehensible behavior.