Sexual abuse is extremely traumatic and a personal violation of someone's body that often leaves lasting emotional and psychological scars and long-term trauma. Survivors deserve to take back control and tell their stories to pursue full justice against their perpetrators.
At Lojewski Abuse & Injury Law, you will Be Seen, Be Heard, Be Safe, and Be Championed. Attorney Kristen Lojewski provides supportive, confidential, and compassionate help for people who have been sexually assaulted. Call her today at (414) 999-3771 to share your story. Even if she feels she is unable to assist you in a civil case, she will provide you with additional resources to ensure you're not alone moving forward.
What to Do if You Are a Survivor of Sexual Abuse in Wisconsin
If you are a survivor of sexual abuse, you should take a few steps to safeguard your well-being.
- Seek medical help. Medical help includes both physical help (for example, obtain a screening by a doctor for any physical injury) and mental help (for example, speak to a therapist or another person who can help you mentally and emotionally).
- Preserve any evidence. If you have clothes, letters, text messages, photographs, videos, or anything that may indicate or help with an investigation, you should keep it.
- Make notes. Try to recall anything you can, including any potential witnesses. Take notes, even if a memory or thought seems insignificant, make note of it. Sexual abuse is highly traumatic, and so it is not uncommon for your mind to try to suppress memories.
Civil Lawsuits for Sexual Abuse in Wisconsin
In Wisconsin, there are varying degrees of sexual assault a perpetrator can be charged with criminally. Generally, sexual assault is defined as sexual contact or sexual intercourse with another person without consent consensual. The terms "sexual abuse" and "sexual assault" are often used interchangeably.
Survivors also have civil recourse in Wisconsin against their attackers. Where a criminal case is controlled by a prosecutor who represents the State's interests, a civil sexual assault case is controlled by the survivor.
Some types of civil claims survivors can pursue are:
- Intentional Infliction of Emotional Distress (IIED)
- Wisconsin Jury Instruction 2725 states four factors that must be established for a sexual abuse survivor to recover:
- 1. the conduct was intended to cause emotional distress;
- 2. the conduct was extreme and outrageous;
- 3. the conduct was a cause of the person's emotional distress; and
- 4. the emotional distress was extreme and disabling.
- IIED is commonly alleged in sexual abuse cases since sexual assault is inherently extreme, outrageous, and causes severe distress.
- Wisconsin Jury Instruction 2725 states four factors that must be established for a sexual abuse survivor to recover:
- Negligence
- Negligent Supervision
- Negligent Security
- Intentional Tort
- Invasion of Privacy
- Defamation
Who Do I Sue for Sexual Abuse In Wisconsin?
Your attacker will be the primary defendant in a civil lawsuit. But, the primary recourse in civil lawsuits is to pursue money justice against responsible defendant parties. It is possible that the perpetrator does not have the means to pay the damages a court may order. It is important that a Wisconsin Sexual Abuse Attorney assess your case to determine if other parties can be held responsible and to look into the perpetrator's homeowners, renters, and auto insurance policies as possible alternative insurance coverage.
While many employers cannot be held liable specifically for an employee's sexual abuse conduct, that does not mean organizations and corporations can never be held liable for their employees. Attorney Kristen Lojewski meticulously investigates cases involving systemic failures, such as negligent hiring, to hold corporations responsible for wrongdoing. If she can find evidence that the organization negligently hired the abuser or tried to cover up the abuse after learning of it, then the organization can be named as a defendant and sued.
Proving Wisconsin Sexual Abuse
A sexual abuse personal injury claim requires the injured party to meet the burden of proof to establish liability. Criminal cases require proof beyond a reasonable doubt, which is the highest bar for proving a case. Sadly, criminal prosecution for sexual assault is not as successful as it should be given this high burden of proof.
In civil cases, however, the burden of proof is by a preponderance of the evidence, which is a much lower standard and simply means that the attacker more likely than not abused the victim.
Evidence can come in many forms and from many places, but it is a necessary part of proving a case. If the abuser was charged, the evidence from the criminal process can be helpful in the civil case.
A physical examination by a healthcare provider (SANE exam) and subsequent treatment and care could provide evidence of sexual abuse when there are physical injuries. Additionally, evidence of mental health counseling or therapy could provide proof of sexual abuse and the damages sustained.
Eyewitness statements could also be a significant form of evidence in proving sexual abuse and the resulting damages. To hold an organization or company liable, an injured party must provide evidence showing a failure to uphold the relevant standards of care. This might include evidence of a failure to follow policies or procedures in hiring, training, or supervising an employee or member.
How Long Do You Have to Bring a Civil Sexual Assault Claim in Wisconsin?
The Statute of Limitations in Wisconsin for sexual abuse cases can be challenging. This is the deadline to file a lawsuit and will prevent a survivor from recovering anything, no matter how heinous the conduct. Consulting a Sexual Abuse Attorney as soon as possible is crucial in order to preserve this deadline.
It's important to know that the Statute of Limitations mostly depends on what age the victim was when the abuse occurred.
In Wisconsin, in most circumstances, if the sexual abuse occurred when the victim was over the age of 18, then the Statute of Limitations is three years from the date of the assault or three years from the date the victim discovers an injury from the assault, whichever is later.
However, Wisconsin does recognize an extended Statute of Limitations in limited circumstances even if the victim was over the age of 18 when the abuse occurred.
Child victims of sexual abuse, in many circumstances, have until the age of 35 to file a lawsuit. However, there are some instances where, once the child victim turns 18 years old, the victim must file his/her claim within two years, otherwise the claim is barred.
Contacting a Wisconsin Sexual Abuse Attorney who can help you navigate the complexities of the Statute of Limitation in sexual abuse cases is crucial.
Damages Available in a Sexual Abuse Case
Plaintiffs (survivors) can seek economic and non-economic damages for the injuries they suffered.
Economic damages can include:
- Medical Expenses
- Lost wages
- Psychological/therapy care costs
Non-economic damages are the "human" or intangible damages, such as:
- Pain and Suffering
- Emotional distress
- Loss of Enjoyment of Life
Sexual abuse can have a profound and debilitating impact on a survivor's mental health, relationships, well-being, and overall outlook on life. Quantifying the non-economic damages for what a survivor truly lost can be difficult. Treating doctors like a psychologist or therapist and/or retained experts can help establish these life-changing injuries.
Contact a Wisconsin Sexual Abuse Injury Lawyer Today
Survivors of sexual abuse can experience serious physical, emotional, and mental harm. Post-traumatic stress disorder (PTSD) can be debilitating. So, a sexual abuse personal injury claim in Wisconsin can help a survivor feel empowered and allow her/him to take back control. It helps them get the compensation they need to try to move forward with their lives and get the care they need to heal.
Hiring a Sexual Abuse Attorney can help navigate the legal complexities of these cases. For instance, here at Lojewski Abuse & Injury Law, Kristen can help argue complex legal nuances of cases, and she works with experts routinely to provide their professional analysis and opinions as well as to help establish and prove your sexual abuse claim and damages.
At Lojewski Abuse & Injury Law, Be Seen, Be Heard, Be Safe, and Be Championed. Kristen will work to hold all parties responsible for their actions and help you take your power back by uncovering the truth and giving you a platform to share your story. Call Kristen today at (414) 999-3771 or fill out our online form to schedule a free and confidential case review.