When a person makes a claim that they have reason to believe that they have been sexually assaulted, this is a very serious claim. A sexual assault may include the following actions:
* any sexual behavior or contact
* a rape attempt
* Any type of unwanted fondling
* unwanted touching
* any forced sexual acts (oral sex included)
If a person has experienced sexual assault by another, the first step would need to include the police. This is a necessary step to take because an assault must be reported to law enforcement and documented. Many survivors are hesitant to report a sexual assault to the police because they are unsure if a law has actually been broken by another. Medical care may be an immediate need for some survivors, and law enforcement can ensure medical treatment is provided.
Law enforcement is required to preserve any evidence of an alleged assault. A victim may be directed to get an assault exam. The exam has the ability to offer proof of an assault. Often a reported assault case will be assigned a tracking number, and this is a legal report.
When an officer of the law takes down the needed information, this is known as an interview. This part of the process can take several hours to complete. It will depend on all of the circumstances surrounding the charges.
A survivor of an assault is not legally required to report it to law enforcement. All evidence of an assault will be better preserved when it is collected soon after an assault took place. If it had not been reported, there might not be legal grounds for a sexual assault case.
If a sexual abuse survivor would like to press charges, they may be able to sue the alleged perpetrator in a civil court setting. A victim does have the right to pursue justice using two different court systems. The person making a claim will be required to have proof of the crime.
The filing of a case with the help of sexual assault attorney Denver will often begin after the crime has been reported to law officials. An arrest may be made which charges would be filed against the offender. The offender must be proven guilty. It is a prosecutor who will represent the state. A legal process will decide the innocence or guilt of the alleged offender.
The goal of civil justice is to determine if an offender is to be held liable for any of the injuries which may have been sustained. The injures would need to be proven that they resulted from a crime.
Almost every crime victim does have the legal right to file a civil lawsuit. They may strive to seek financial compensation from an alleged perpetrator. It must be proven within a 51 percent range or higher than the defendant did commit the crime. Civil cases may find a defendant liable. This can occur even if a criminal case gave a verdict of “not guilty.”
A perpetrator may be ordered to reimburse some of the expenses which have been incurred by the victim. This could be ordered by a criminal court. It ought to be known that restitution may be ordered. Oftentimes it is not collected by the court that ordered it. This may be due to a lack of enforcement.
A victim of sexual assault can press charges against the perpetrator. This can occur whether or not the assaulter has been charged with the crime. Once the police report has been filed, they may be able to arrest the individual who is accused of the assault.