If you are a victim of sexual assault, you have the right to seek justice through a civil lawsuit against your abuser and any third parties that may bear responsibility for the assault. Civil lawsuits focus on obtaining compensation for damages rather than determining criminal guilt. Even if your abuser was not criminally investigated, charged, or was found not guilty in a criminal case, you may still have a valid civil claim.
What is Sexual Assault in Massachusetts?
In Massachusetts, sexual assault is defined as any intentional sexual touching without consent. To establish sexual assault, two key elements must be proven:
- That sexual touching or activity occurred.
- That the touching or activity was unwanted and non-consensual.
In a civil lawsuit, you may not file a claim explicitly labeled as “sexual assault.” Instead, you would pursue claims such as “assault and battery” or “intentional infliction of emotional distress.” Civil claims have a lower burden of proof compared to criminal cases; plaintiffs need only demonstrate liability by a preponderance of the evidence—meaning it is more likely than not that the assault occurred.
Who Can Be Held Liable?
While the primary perpetrator is often the main defendant, other parties may also be held liable in a civil case if they had the ability to prevent the assault or failed to act appropriately. These parties may include:
- Institutions and Organizations: Schools, medical practices, gyms, workplaces, or other entities may be liable if they failed to prevent or address sexual assault within their premises or by their staff.
- Employers: If the perpetrator was acting within the scope of their employment, the employer may be held vicariously liable.
- Property Owners: If the assault occurred on someone else’s property and the owner failed to provide adequate security or take reasonable precautions, they could be held responsible.
What Damages Can Be Recovered?
Victims of sexual assault may recover various types of damages in a civil lawsuit, including:
- Past medical and mental health expenses.
- Lost wages due to the assault.
- Pain and suffering.
- Future mental health care costs.
- Emotional and psychological harm.
Your attorney can help evaluate which damages apply to your case and the compensation you may be entitled to recover.
What is the Statute of Limitations for Sexual Assault Cases?
In Massachusetts, the statute of limitations for personal injury claims is generally three years. However, sexual assault cases may have extended time limits based on specific circumstances. For example:
- For Minors: Claims involving the sexual abuse of a minor must be filed within 35 years of the alleged abuse or within seven years of discovering that an emotional or psychological injury was caused by the abuse—whichever period is longer.
Every case is unique, and an attorney can help determine how the statute of limitations applies to your situation.
If you have been the victim of sexual assault in Massachusetts, the team at SUGARMAN is here to help. Our experienced personal injury attorneys have extensive background in sexual assault claims and have the knowledge and resources to thoroughly investigate your claim and advocate on your behalf. Contact us today by phone at (617) 542-1000, by email at , or by filling out our Contact Form.