The rate at which sexual assault occurs has fallen by half in the last 20 years. Nonetheless, according to the Rape, Abuse, and Incest National Network (RAINN), every 73 seconds, an American is sexually assaulted! This definitely shows that not only is there a big problem, something urgent has to be done. At the Marc Brown Law Firm can help you if you have been involved in a sexual assault.
Regardless of whether the perpetrator is a family member, mentor, teacher, caregiver, or stranger, sexual assault is very wrong and legal actions must be taken to curb it. Victims of sexual assault may go on to suffer damaging mental and emotional scars that may last a lifetime.
At Marc Brown Law Firm, we want to assure you that you are in no way to be blamed for the unfortunate incident. The perpetrator is always to be blamed and you should let them be held liable for their actions. If you or a loved one has been a victim of a sexual assault or violence in Columbia or other communities in South Carolina, get in touch with us today.
Sexual Assault, Abuse, Or Violence As Defined In South Carolina
Sexual assault, as a crime, is also used to cover the offense of sexual abuse. Both terms cover a number of nonconsensual acts that are defined by federal, state, or tribal law. In South Carolina, criminal sexual conduct is categorized in first, second, and third degrees.
As identified by the South Carolina Coalition Against Domestic Violence And Sexual Assault (SCCADVASA), sexual assault is any type of unwanted sexual contact or behavior that occurs without the explicit consent of the recipient. Any act of molestation or unwanted sexual advances will thus be considered sexual assault.
Sexual assault covers unwanted sexual contact, in whatever form like:
- Rape and attempted rape,
- Forced sexual acts of any kind,
- Groping and unwanted touching,
- Child molestation,
- Sexual exploitation
It also covers any other form of child abuse like:
- Showing explicit images or exposing a child to sexually charged language or pornography,
- Taking inappropriate photos of a child for personal use or distribution,
- Requesting the minor send or take pictures of themselves in an inappropriate manner,
- Revealing oneself to a child, etc.
Filing A Suit Against The Perpetrator Of The Sexual Assault
Sexual Assault is a criminal offense in South Carolina. In addition to a criminal suit, a victim of sexual assault or abuse can also initiate a civil lawsuit against the perpetrator of the assault to recover ‘damages’.
Damages in sexual assault cases can cover financial compensation for things such as medical expenses, psychological counseling, emotional distress, time missed from work as a result of the traumatic event, etc. Our Columbia sexual assault lawyer will know how to help you get the rightful amount of compensation you deserve.
Depending on the nature of the assault, an exceptional sexual assault victim lawyer may also be able to get you punitive damages against the perpetrator. This sort of additional damages will be to punish the person who attacked you.
Likewise, other than the perpetrator of the sexual assault or abuse, you may also be able to file a claim against any other party that can be held liable for the incident. For instance, a negligent property owner may be held accountable for not fulfilling due diligence and safety precautions. An employer can also be held liable for not performing a thorough background check on the person who assaulted you.
Filing a Premises Liability Lawsuit After a Sexual Assault
Premises liability in the context of sexual assault refers to the legal responsibility of property owners and managers to ensure a safe environment for visitors. When a sexual assault occurs on their premises, they can be held liable if it is proven that they failed to provide adequate security measures that could have prevented the incident.
Property owners are required to take reasonable steps to protect guests from foreseeable harm, including criminal acts like sexual assault. This can include hotels, apartment complexes, parking garages, and other commercial properties. To establish a viable premises liability claim following a sexual assault, several elements must be proven:
- Duty of Care: The property owner owed you a duty of care. This means that the owner had a legal obligation to ensure the premises were safe for you and other visitors.
- Breach of Duty: The owner breached that duty by failing to maintain a safe environment. This could include inadequate lighting, lack of security personnel, or broken locks.
- Causation: There must be a direct link between the breach of duty and the sexual assault. In other words, the unsafe conditions must have facilitated the assault.
- Damages: You suffered actual damages as a result of the assault. This includes physical injuries, emotional trauma, and other related losses.
How a Columbia Sexual Assault Lawyer Can Help
A Columbia sexual assault lawyer specializing in Columbia premises liability lawsuits can be crucial in navigating the complexities of these cases. Here is how they can help:
- Case Evaluation: An attorney can assess the details of your case to determine if the property owner can be held liable.
- Gathering Evidence: This includes obtaining surveillance footage, the police report, and witness testimonies to build a strong case.
- Legal Guidance: An attorney can explain your rights and the legal process, helping you understand what to expect at each stage of the claims process.
- Negotiating a Settlement: An experienced lawyer can negotiate with the liable party and insurance companies to secure fair compensation for your injuries, pain, and suffering.
- Representation in Court: If a settlement cannot be reached, your attorney will represent you in court, advocating for your rights and interests.
A skilled sexual assault attorney will understand the laws governing sexual assault and premises liability law and will be able to identify key factors that may not be immediately apparent to those without legal training.
Why Choose Marc Brown Law Firm?
Choosing the right legal representation can make a significant difference in the outcome of your case. Here is why Marc Brown Law Firm stands out:
- Experience and Expertise: Marc Brown brings a wealth of experience from both sides of the legal process, having previously worked for a national law firm defending large corporations and insurance companies. This unique perspective allows him to anticipate the strategies of opposing parties and advocate effectively for his clients.
- Personalized Attention: As a boutique law firm, Marc Brown Law Firm offers the personalized and attentive service of a smaller practice, combined with the resources and expertise typically associated with larger firms.
- Proven Track Record: We prepare every case as if it will go to trial, increasing the potential value of the case and often resulting in substantial settlements for our clients.
- Contingency Fee Basis: Clients of Marc Brown Law Firm are not required to pay any fees unless we win compensation on their behalf. This approach ensures that we are fully invested in the success of each case we handle.
Choosing Marc Brown Law Firm means choosing a law firm dedicated to demanding justice and fighting aggressively for your rights. We combine compassion with a rigorous legal approach to ensure you receive the best legal representation possible.
Contact An Experienced Columbia, SC Sexual Assault Attorney
Knowing these things are very sensitive and detrimental to any individual, Marc Brown Law Firm is well-known in Columbia and other communities in South Carolina, for taking a firm stand against any form of sexual assault and abuse.
If you or a loved one gets abused or assaulted in Columbia, South Carolina, the legal team at Marc Brown Law Firm will stand by you and make sure that you get justice. Don’t wait, contact us today.