Sexual Abuse

There is no longer a need for victims to suffer in silence; they are prepared to demand justice from those responsible for their sexual abuse. Our legal team at Whitener Law Firm in Albuquerque cares deeply about helping those who have been victimized by such heinous wrongdoing.

We recognize that it was not your fault if you or someone you care about was a victim of sexual abuse at the hands of a sexual abuser. If you or a loved one has suffered physical pain, mental agony, emotional distress, or any other type of loss for which you believe you should be compensated monetarily, please call us now for a free, confidential consultation.

What Is Rape?

According to the law, sexual intrusion without authorization is a form of rape. Rape is defined by the FBI as "any penetration, however minor, of the anus or the vagina with any part of the body or instrument, or oral intrusion by a sexual organ of another individual without the agreement of the victim" for its Universal Crime Reports.

Any force used is not always physical. A perpetrator may use threats, intimidation, or other forms of psychological coercion to force a victim to engage in sexual activity without their consent. Some abusers resort to physical or psychological coercion to get their victims to obey.

Identifying Those Responsible

The vast majority of offenders are people the victim knows and trusts. Roughly eight out of ten cases of sexual assault are undertaken by a person the victim knows, such as an intimate partner or a stranger.

It is not uncommon for the term "date rape" to be applied to rape committed between acquaintances. A date is just one example of a potential perpetrator of acquaintance rape; other examples include a classmate, neighbor, a friend's significant other, and so on. Keep in mind that merely kissing someone or going on a date does not constitute consent for more sexual contact in the future.

Sometimes the victim has no prior connection to the offender. The term "stranger rape" is commonly used to describe this form of sexual assault. Sexual assault by a stranger can take several forms.

An example of a blitz sexual assault is a sudden, brutal attack on a victim in a public place at night.

The term "contact sexual assault" refers to an attack in which the offender makes contact with the victim and then attempts to earn their trust by, for example, flirting with them or luring them to their car before assaulting them. When an unknown male intruder enters a residence with the intent of committing a sexual assault against a female resident, this is known as a home.

Victims of rape, whether at the hands of a stranger or someone they know, are frequently the ones who inflict the most self-blame on themselves. Keep in mind that no victim is ever at fault for the conduct of an offender.

Sexual Abuse Perpetrated by Organizations

Over the years, several organizations, such as the Boy Scouts of America and the Catholic Church, have gained national media attention regarding allegations of sexual abuse. Not only have members of these organizations been responsible for these assaults, but other members have been accused of covering such cases instead of reporting them to the proper authorities. They are accused of not taking the necessary steps to ensure that no one else was victimized and bear responsibility for not working to create a safe environment. 

 If you or a loved one are a survivor of sexual abuse by a member of the Boy Scouts of America, the Catholic Church, or any other religious or recreational organization, please reach out to us and share how you have been affected.

Sexual Abuse: A Civil Matter

Individuals who have been the victims of sexual assault or abuse can seek redress through a legal lawsuit against the offender. The goal of the civil justice system is not to establish guilt or innocence. Instead, it focuses on who, if anyone, is responsible for compensating victims of the crime. A civil court's determination of liability will result in the offender being ordered to pay compensation to the victim or the victim's family. In civil court, the amount of money awarded as compensation is determined by the specifics of the case.

Lawsuits Can Be Civil or Criminal

Note that any instance of sexual abuse might give rise to criminal prosecution. The legal idea of civil assault, battery, or deliberate inflicting of emotional distress is often added to sexual assault cases in court. Damages in a civil case for sexual abuse or assault are designed to make up for the victim's physical and mental anguish. The costs of medical care, as well as those of any necessary psychological or emotional counseling, might be taken into account.

Unlike criminal cases, where guilt must be shown "beyond a reasonable doubt," the burden of proof in civil cases is the lower "preponderance of the evidence," which means that victims of sexual abuse can typically recover monetary action even if the offender is cleared of criminal charges. To meet the burden of proof under the ubiquity of the evidentiary criterion, a plaintiff need only show his or her version of what transpired is more probable. Unlike when perfect certainty is required, this criterion can be met in a larger range of situations.

Hope And Healing For Those Who Have Suffered Sexual Abuse

In some cases, survivors of sexual assault may feel uncomfortable coming forward. If you or someone you know has been a victim of sexual abuse by a perpetrator or any other person in a position of authority, please know that we are ready to listen and help you understand your legal options. Finally, we hope to assist you in obtaining the justice you deserve and the medical attention you require to recover from the harm done to your body, mind, and spirit by those who abused you, with the help of a sex abuse lawyer.

We offer free and confidential consultations regarding your potential case. There is no obligation to hire us, but we wish to inform you of your rights and legal options. You can contact us online or by calling us at (505) 883-7877. Our experienced team is ready to fight and provide justice for you.

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