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Representation of Victims / Survivors of Sexual Assault
Victims survivors of sexual assault suffer traumatic and often lifelong injuries. Physical and mental.
Sex assault is an assault upon a victim’s person . . . Whether it is harassment, unwanted touching or contact, or rape… simply, a sexual act of any kind without a victim’s consent.
It may involve children or juveniles who cannot consent to any sexual contact with an adult because, under the law, the adult was in a position of trust or where the ages of those involved mean there is no possible legal consent to any sexual contact.
Victims of sexual assault need the representation of an excellent lawyer to counsel, advise, assist, and pursue litigation against those responsible. Sex assault often involves persons known to the victim. It is a betrayal of trust, and often a betrayal by other individuals or businesses whose negligence makes them responsible as well for the sexual assault . . . And liable under the law.
Sex Assault Is a Crime
Sex assault is a crime. If reported, the perpetrator should be prosecuted in the criminal justice system. The criminal justice system, separate from the civil justice system, is where the perpetrator is prosecuted for the criminal act of sexual assault, unlawful sexual contact, harassment, or other related offenses. The perpetrator will face punitive sanctions such as prison, jail, or probation if convicted.
The criminal justice system can be intimidating and confusing to a victim. As former prosecutors, the lawyers at Frederick | Ganderton understand the inner workings of a district attorney’s office. They can fully walk a victim through the criminal justice process and assist them with asserting their rights under the law as a victim. We help the victim feel more confident and understand the process of the criminal justice system.
Sexual Assault Victim / Survivor Representation in the Civil Justice System
In addition to the criminal justice system, victims may have a civil claim against the perpetrator of the sexual assault and businesses, facilities, schools, churches, clubs, and other organizations or individuals that may have failed to protect the victim under the law.
We at Frederick | Ganderton litigate sexual assault claims against the perpetrators of sex assaults, as well as any others who also bear responsibility and liability for the assault, which includes those businesses, schools, organizations, churches, clubs, and others who negligently failed to protect the victim by, for example, hiring a perpetrator who should have never been offered employment in the first place, failing to adequately supervise a perpetrator, retaining a perpetrator despite knowing better, and even assisting the perpetrator through inaction or even covering up a perpetrator’s offense or obstructing any investigation into any incidents of sexual assault or misconduct.
How We Can Help
Michael Frederick and David Ganderton, the law Partners at Frederick | Ganderton in Denver, are uniquely experienced and trained to be lawyers for victims of sexual assault. As former Deputy District Attorneys with over 15 years of misdemeanor and felony prosecution experience between us, including the prosecution of sex assault cases ranging from harassment, unlawful sexual contact, and rape, as well as cases involving those who cannot legally consent, involving children and juvenile victims.
If law enforcement authorities have filed criminal charges against the perpetrator, sexual assault victims will have the added stress as a victim within the criminal justice system. As former Deputy District Attorneys, we know what to expect in the criminal justice system and can help guide and represent our clients throughout the criminal process while representing them in a civil action against those responsible.
The Partners at Frederick | Ganderton have sought justice for victims of sexual assault throughout our legal careers, both in the criminal prosecution of perpetrators of sexual assault in our prior careers as Deputy District Attorneys have for the past decade as attorneys in the civil arena, and continue to do so today, seeking compensation for, and protecting the rights of victims of sexual assault, being the ultimate advocate for them.
Some common types of businesses, organizations, and locations involved in Colorado lawsuits involving sexual assaults include, but are not limited to:
- Schools
- College and University Campuses
- Juvenile Detention Centers
- Jails or Prisons
- Places of Employment
- Homes or Residential
- Churches
- Hotels
- Physician’s, Doctor’s, Physical Therapy and other Health Care Offices and Facilities
- Public Transportation – Light Rail / Buses
- Uber / Lyft / Taxis
- Massage Facilities
- Youth Sports Facilities
- Day Care and Childcare Facilities
- Spas, Gyms, Yoga, and other Exercise and Training Facilities and Studios
- Tanning Salons
- Restaurants, Bars, or Clubs
- Concert Venues
Simply, any location under the control or direction of an organization or individual, or any person who shares responsibility in assuring the safety of a victim or location, may also share responsibility liability for incidents of sexual assault that occur on their watch.
Damages for Victims / Survivors in Colorado
Through civil litigation, a victim, if successful, may be awarded civil damages. Civil damages, under the law, are monetary. The damages one suffers from a sexual assault deserve compensation, and victims can seek this compensation through civil law. Settlements can be obtained, or sizable jury verdicts can be awarded against those responsible for the assault, including, as stated above, third parties, organizations, and individuals whose negligence contributed to its occurrence.
Types of Damages
Sexual assault damages are either economic damages or noneconomic damages.
Economic Damages
Economic or “specific” damages are designed to compensate the victim for their actual and measurable losses. Examples of economic damages include medical bills, bills for mental health treatment, lost wages, and lost earning potential. Economic damages include reimbursement for out-of-pocket expenses as a result of injury. The award of economic damages involves calculating medical bills, lost wages and lost earning potential caused by the sexual assault.
Noneconomic Damages
Noneconomic damages include:
- Emotional distress.
- Pain and suffering.
- Physical impairment.
- Disability or disfigurement.
- Loss of companionship.
- Loss related to the survivor’s reputation.
- Loss of enjoyment of life.
Noneconomic damages, or “general” damages, are not calculated by adding up documented bills and receipts but are often based on prior incidents and awards of damages and the severity of the harms and trauma caused by the sexual assault.
Noneconomic damages for mental trauma and emotional distress typically comprise the lion’s share of damages awarded in a sex assault case. Calculating noneconomic damages can be challenging as the components of noneconomic damages do not have concrete or easily discernible values. Still, at Frederick | Ganderton, we understand the survivor’s trauma of sexual assault and the valuation of noneconomic damages.
Proving Noneconomic Damages
The most common way that survivors prove the level of damage caused by a sexual assault is through expert witnesses whose opinions can assist insurance adjusters, defense attorneys, or juries in understanding the severity of the sexual assault and the long-term effects the trauma will have on a survivor. Often, survivors experience post-traumatic stress disorder and may suffer from complex trauma that may affect a survivor for the rest of their lives and lead them to seek therapy far into the future.
Punitive Damages
Punitive damages are used as a form of punishment for defendants and as a deterrent to help prevent similar behavior from occurring again. In Colorado, a survivor may be awarded double the actual damages (economic and noneconomic) as a punitive measure. If a person or organization acted in a “malicious” and “willful and wanton” manner, disregarding the survivor’s safety, they may be liable for punitive damages.
Seek an Experienced Lawyer
It is essential to reach out to a knowledgeable lawyer to ensure that your rights are being protected. Sex assault claims can carry deadlines, and each Colorado civil action has a statute of limitations. When pursuing a claim through the civil law process, a survivor must be able to determine who may be liable for the assault, who may be negligent for allowing it to occur, what the damages are, negotiate with defense adjusters and lawyers, and ensure that all deadlines are met. , a survivor needs a competent, understanding, and experienced lawyer.
Consider Frederick | Ganderton for your legal representation in this difficult time. We have experience handling cases involving sexual assault, requiring sensitivity, patience, and competence in asserting a survivor’s rights under the law.
FAQS
Does a Sexual Assault Victim Have Limited Time to Bring Their Claim?
Sexual assaults may have happened yesterday or years ago, maybe many years ago. For a victim or a survivor of a sex assault, often they’re concerned that too much time has passed. To answer that question, the victim must contact an attorney.
They must talk to a lawyer about what happened because there can be time limits on bringing civil claims. However, each claim is case/person specific. A victim must reach out for help and assistance. They need legal advice, or they may need to talk to somebody. Regarding any time limitation, they need to speak to an attorney and can feel free to call us at Frederick | Ganderton.
We want to hear a victim’s story. We want to listen to them and, of course, advise them. As to any time limits or concerns about how much time has passed, we can assist them in understanding whether or not they have a claim. In addition, we can assist whenever a victim needs to reach out to medical professionals to seek the help they need.
What Is the Most Important Thing a Victim or Survivor Should Know?
There is no single “most important” thing a victim should know because every victim or survivor of a sexual assault is unique. Cases or claims involve anybody and everybody. Sadly, it can be children or juveniles, often placed into a situation where a person should have had their backs and was responsible for them – often called a position of trust.
Of course, all sex assaults involve a betrayal of trust, and while there isn’t one “most important” thing a victim should know, they can speak to an attorney. They can speak to us. Then, we will have a chance to discuss a victim’s claim or their case, including what has happened to them, what they’ve been through, and what they’re most concerned about. We can help them determine the most important things they’re facing or will experience if they choose to move forward with a case or a claim.
Why Have You Devoted Your Career to Helping Victims?
We have devoted our careers to defending and assisting victims and assuring their rights are protected, and their claims are pursued. That is what we are uniquely trained and experienced to do.
Simply, it is what we do best. It is what we do well. It is what we have always done.
We have done this since before we were even attorneys, and since we’ve been practicing law as prosecutors, and now in pursuing their civil rights and claims. We will continue to do this as long as we practice law.
We understand that sexual assaults are very sensitive. Accordingly, we offer free, private, and confidential consultations to discuss your claims. If we represent you on your case, we will do so on a contingent fee basis. We do not get paid a legal fee unless we obtain a settlement or court award for monetary damages for you. You will not have to pay a retainer or pay hourly.
Suppose you or your child is a victim of sexual assault or abuse. In that case, we ask that you contact us so that we may consult privately with you and potentially represent you in seeking compensation from those responsible for the assault.