Overcoming Challenges With Alaska Sexual Abuse Civil Claims
Alaska criminal laws on sexual assault and abuse are harsh, with most crimes being classified as felonies with lengthy prison terms and other punishment for a conviction. However, despite the severity of sanctions, the nation’s largest anti-sexual violence organization reports that criminal misconduct remains a problem throughout the US. According to the Rape, Abuse & Incest National Network (RAINN), one in six American women and 3% of men have experienced sexual assault during their lifetimes. It is more disturbing to know that only 25 out of every 1,000 offenders will see prison time, a cruel blow to victims who suffer physically, financially, and emotionally.
Fortunately, survivors of sexual assault may still have options through a civil claim, through which you can recover monetary damages for your losses. There are numerous pitfalls in these lawsuits, so it is smart to rely on an Anchorage, AK sexual assault lawyer for assistance. Without a legal background, you may not be prepared to address:
Evidence Challenges
With sexual assault and/or abuse, the classic “he said-she said” conundrum often develops. As a result, it is necessary to gather other solid, credible proof to support a claim for damages. Examples include:
- Police reports;
- Medical records;
- Communications between the abused and the abuser, including phone records, texts, emails, and social media posts;
- Surveillance video; and,
- Many others.
On a positive note, the burden of proof is lower as compared to a criminal case, so you only need to establish your claim by a preponderance of the evidence.
A “Judgment Proof” Defendant
You may gain some closure knowing that the defendant was convicted in a criminal sexual assault case, but your options for recovering compensation may be limited. You can obtain damages from the offender personally, and he or she may not have sufficient assets to satisfy the judgment. Plus, a defendant cannot earn an income when in prison, so you cannot garnish wages.
Multiple Potential Parties
Though you may be facing a judgment proof defendant, it may be possible to hold other parties accountable for any negligent acts or misconduct that enabled the abuser to commit sexual assault. You may have a cause of action against parties that have a legal duty to protect individuals under certain circumstances, such as:
- The property owner where the sexual abuse took place;
- The offender’s employer;
- A school, child care facility, sports organization, or church; or,
- A hospital or nursing home.
The presence of other potential parties increases the likelihood that you can recover damages, as these entities typically have insurance to protect against loss. Still, the theories of liability are different for each, further complicating your case.
Call Now to Speak to an Alaska Sexual Abuse Attorney
At Power & Power Law, our team is ready to address and overcome these challenges in order pursue a sexual assault claim. It is our goal to obtain the compensation you deserve as a survivor, so please contact our offices in Anchorage, Alaska to set up a no-cost consultation.