Brighton Sexual Assault Attorney

Brighton Sexual Assault Lawyer

Sexual assault is one of the worst things that someone can do to another person. Any attempt to ‘fix’ the situation for victims just ends up feeling inadequate. In many ways, they are. The question then becomes a matter of wondering what we can do. There are two things that many victims mention needing and wanting to do following assault. The first is to work on healing for themselves, a process that often takes time, space, and resources. The second is to make sure others don’t have to go through what they have.

A personal injury claim can be one of the things that can help both of those processes. The damages awarded through these claims can often help give victims what they need to work on healing. In many cases where institutional failure is held to account by the claim, the damages can often spark change that protects others. At Cheney Galluzzi & Howard, we know that these things don’t ‘fix’ the situation, but we can fight for whatever peace and assistance it may bring.

What Makes Something Sexual Assault?

What makes an act a sexual assault is the lack of consent. There are two ways in which the contact occurs without consent. The first is that it is forced contact. This is not to say that there is only physical force involved. While that is certainly one way, there may also be coercion through psychological or emotional manipulation, which can also be considered a use of force. The other way in which nonconsensual sexual contact can occur is because the victim lacks the capacity to legally consent. Some examples of those who can’t legally consent are:

• Minors
• The mentally ill
• A person who is intoxicated
• A person who is unconscious

Accountability for Sexual Assault

In many cases, sexual assault victims had a pre-existing relationship with the perpetrator. Often, these relationships came about as part of a shared involvement with an institution. These institutions may be liable in some circumstances where the assault occurred through direct involvement with the institution. This is because there is often a responsibility for institutions to take reasonable measures to address the safety of those involved. There are many cases where things like background checks, an investigation of prior complaints, and commonsense measures could have prevented assaults. In those cases, whether it is a church, nursing home, university, or elsewhere, the institution bears some liability for the assault.

What We Do

We help hold those liable for sexual assault, particularly the institutions involved, accountable. Our process begins with investigating your case to understand who could have helped prevent the assault and where liability exists. From there, we can help negotiate and, if necessary, argue on your behalf in court. Everything we do, though, is done with the well-being of the victim first in mind. We understand the compassion and respect that is needed in these situations, and they are our priority.

FAQs About Brighton, CO Sexual Assault Laws

Q: Does the Criminal Trial Matter for My Civil Suit?

A: The criminal trial will only determine whether the accused is guilty of committing a crime. If they are, they will be sentenced according to those guidelines, typically with some combination of a prison sentence, probation, and fines. The criminal trial will not determine the legitimacy of your claim. The civil suit will have its own process for proving the fact of the assault and the liability of the defendant. The civil suit will pay out damages. These are meant to act as restitution for what the victim has suffered. Of course, money can’t restore what has been lost, but the hope is that it can provide the resources and relief for healing.

Q: What Is Defined as Sexual Assault in Colorado?

A: Sexual contact should always be paired with consent. Any time that it occurs without consent is sexual assault. The contact may lack consent because it occurred through physical force or psychological coercion. The contact may also lack consent because the victim was unable to legally give consent, as is the case with minors or anyone who is intoxicated.

Q: Who Is Liable for Sexual Assault?

A: Liability for sexual assault can often extend beyond the person or persons that directly committed the crime. There are many situations where responsible parties could have taken reasonable, appropriate measures that could have prevented the assault from occurring. Many institutions, such as churches, schools, daycares, nursing homes, and others, have a responsibility to provide some level of security to those who interact with them. One of the first things that a lawyer does is investigate the circumstances around a case and determine if other parties should also be held accountable for the circumstances.

Q: How Are Sex Crimes Proven in a Civil Trial?

A: As difficult as it may be, the most useful evidence is physical evidence. On the rare occasion that pictures or videos are available, they can be very valuable. If there is high-quality witness testimony, that can also be very useful. However, the most important evidence is often the physical evidence. In many cases, this is easiest to get a record of by visiting a hospital soon after the assault. This is because physical evidence of the assault can fade with time. We understand this can often be a difficult thing for victims to deal with, given the circumstances. All we can say is that the medical staff is typically very compassionate and understanding, and doing this can help make sure that others don’t suffer as you have.

Take Care of Yourself and Help Save Others

The idea of a civil complaint in a sexual assault case can be difficult for victims, who rightfully want to focus on their own healing. We certainly wouldn’t dismiss that feeling. We understand that the idea can seem like more than you want to face at a time like this.

However, our team at Cheney Galluzzi & Howard can offer a few assurances. The first is that we understand how to handle these situations with the utmost care and compassion. We try to minimize the burden on our clients. The second thing is that the complaint has its benefits. The financial damages that come from a successful claim can help give you the space to heal. Furthermore, if institutional failure was to blame, holding them accountable can often prevent others from suffering as you have. If you are ready to let us help hold those responsible accountable, contact us today.