Sexual assault refers to any type of unwanted physical contact of a sexual nature. It includes inappropriate touching, sexual intercourse in which you say no to, rape, attempted rape or vaginal, anal or oral penetration. A sexual assault may coerce an individual into undesired attention or contact. For example, forcing a person to watch private sexual acts by exposing ones private parts.
Along with the Georgia statutes, addressing the criminal and civil aspects of sexual assaults, federal laws also covers any act of a sexual nature perpetrated on a victim using fear or upon incapacitated persons. If you have questions about your rights, speak to a sexual assault attorney Roswell, GA at Eric J. Hertz, P.C. for a free consultation about your case.
Types of Sexual Assault
Most sexual assaults occur in the form of date rape by an acquaintance. The authorities might receive reports of only one in three date rapes. Numerous studies demonstrate that nearly 60 percent of all rapes and sexual assaults happen when the victim knows the perpetrator.
Sexual assault in the workplace has garnered national attention as well as heightened awareness in Georgia. Many victims of sexual assault experience difficulties handling routine job duties or even lose their jobs. Most sexual assaults fit under one or more of the following categories:
• Child molestation
• Physically blocking someone’s movement
• Inappropriate touching
Federal laws and Georgia statutes also provide workplace protection for women and men against other types of sexual violence, abuse or harassment.
Workers have a right to a work setting free of the following transgressions:
• Visual harassment, such as leering, sexually explicit posters, pictures or other objects
• Supervisors who offers employment benefits in exchange for favors
• Sexual jokes or comments of a sexual nature
• Verbal harassment of a sexual natural nature
Effects of Sexual Assault
Often, sexual assault victims suffer from lasting effects, depending on their culture personal style. Some people have illnesses, such as anxiety, depression or post-traumatic stress disorders or suicidal tendencies.
Individuals might shows symptoms of sexual assault in a myriad of other ways, including eating disorders, drug abuse, and difficulty keeping a job, interpersonal conflicts and an inability to maintain personal relationships. Family members, peers and other people close to the survivor also have difficulty coming to grips with sexual assault and can have many of the repercussions experienced by the actual victim.
Survivors and their families can prosecute the accused in the criminal court system. In addition, victims can file a civil lawsuit, which allows for the recovery of financial compensation. Regardless of the size of the financial award, it cannot make up for the injuries a person sustains from a sexual assault.
However, financial compensation can help the injured party pay for therapy and put his or her life back in order. Larger financial awards can motivate individuals and organizations to become more diligent about protecting employees, children and other people in their care.
Lower Your Risk of Sexual Assault
According to the National Crime Prevention Council, individuals here are some things a person can do to reduce the chance of incurring a sexual assault.
Some other suggestions made by the NCPC:
1. Carry yourself with confidence and strength.
2. Exercise assertiveness and do not allow others to violate your space.
3. Do not overindulge in alcohol beverages or leave drinks unattended when in public.
4. Trust your natural instincts, leave uncomfortable surroundings immediately.
5. Do not prop open doors or windows you normally lock.
6. Take out keys and have them ready when approaching the home car or office.
7. Avoid hitchhiking or giving rides to strangers.
8. Always drive walk or bike on well-lit streets and walkways.
9. Carry personal protection gear.
Maintain an awareness of unwanted visitors or people in your immediate space who do not belong in the area.
Responding to A Sexual Assault
Generally, most people take the necessary precautions to protect themselves. If you or a love one suffers a sexual assault, get away from the perpetrator. Call a family member or friend. There are many hotlines available for anyone who needs assistance. Go to the nearest hospital for an examination, test and treatment for the prevention of sexually transmitted diseases incurring a possible pregnancy. The hospital must also accumulate evidence from the crime, such as fibers, body fluids and photos of bruises.
For many people, bring claims against people, especially if they hold a position of trust, presents one of the most challenging circumstances they will face in their lifetime. Avoid reading books about sexual assault, writing angry letters or demanding a settlement from the abuser. Victims of sexual assault should gather what evidence they can about the assault, including documents, clothing or witness information.
Georgia statutes of limitation laws concerning sexual abuse or assault have specific requirements. Do not wait, discuss your case with a competent sexual assault attorney Roswell, GA at Eric J. Hertz, P.C. The lawyer will review your case and ensure you meet the statute of limitation requirements for Georgia.
Victims and their families can receive justice through the criminal court system. Sexual violence survivors can also file a civil lawsuit to recover financial compensation. Nonetheless, no matter how large the financial award, it cannot make up for injuries.
Experienced Sexual Assault Attorney Roswell, GA
Sexual assault cases present unique challenges and obstacles when it comes to proving these traumatic incidents. Your sexual assault lawyer must move quickly to gather facts about the case and other evidence early in the process. Often, potential witnesses may change their minds, or cannot remember important information for fear of losing their job or damaging a relationship with friends or family members.
When an assault occurs on the job, it is important to report it speaks to an attorney to determine your next step. Moving forward with your case requires a thorough investigation and an understanding of relevant employment laws. Eric J. Hertz, P.C. understands the difficulties victims face when filing a civil complaint of sexual assault. We can help retain sexual abuse experts for counseling and to assess the degree of the victim suffering emotionally, inability to keep a job or other financial consequences.
Sexual Assault Civil Trial Process
When Eric J. Hertz, P.C. takes your case, we carefully explain each aspect of the legal process to the client. Usually, the process starts with a complaint filed against the accused and have a copy delivered to the accused. During the pre-trial phase, we decide with you and the defense lawyer if the case should go to trial or present a motion for summary judgment , which requires the judge to make a decision. Another possible outcome involves reaching a settlement with the accused.
The survivor and his or her attorney have the burden of proof under Georgia laws. The civil trial process could take three or four years. In Georgia, the victim or accused can request a bench trial (judge only) or a trial with 6 to 12 jurors. If the court finds the accused guilty of the sexual assault, the court issues an order for monetary compensation, which covers lost wages, medical care therapy and other costs. Victims use the financial compensation to pay for sexual assault counseling, lost wages, medical care expenses and any other expenses incurred because of the assault.
Eric J. Hertz, P.C. has the experience needed to handle a wide variety of sexual assault or sexual abuse cases, including fondling unlawful restraint, priest sexual abuse cases, sexual harassment or negligent hiring. Call and speak to a sexual assault attorney Roswell, GA with at Eric J. Hertz, P.C. We have the ability to represent survivors of sexual assault with dignity and sensitivity while fighting for your rights.