Sexual Assault

Have you been subjected to sexual harassment, abuse, or assault? If so, the attorneys with Atnip & Associates, PLLC, want you to know that you are not alone and that we are ready to help. We are a Detroit law firm for sexual assault survivors that is committed to holding perpetrators and their enablers to account, and we take that commitment seriously.

You deserve accountability and justice for what you’ve suffered, as well as financial compensation to move forward with your life. Let Atnip & Associates, PLLC, demand those on your behalf. Contact us today for a free consultation with an experienced, compassionate sexual abuse lawyer in Detroit, and let us help your voice be heard.

What Is Sexual Assault?

Sexual assault is a term that encompasses a wide range of non-consensual sexual activities. It can imply criminal conduct, although Michigan’s criminal statutes employ the term “criminal sexual conduct” instead. Sexual assault is any sexual act or attempt to obtain a sexual act from another person by violence, coercion, or any form of pressure or manipulation against their will. It is a violation of personal autonomy and a profound breach of trust and respect.

At its core, sexual assault is characterized by the absence of affirmative consent: a voluntary, informed, and enthusiastic agreement to engage in sexual activity. Moreover, a person cannot give consent if they are unconscious or incapacitated for any reason.

The term “sexual assault” can describe acts including, but not limited, to:

Rape– Non-consensual penetration of another person’s body
Attempted Rape– An attempt to commit non-consensual penetration
Fondling– Touching or kissing someone in a sexual way without their consent
Sexual Harassment– Unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature
Forced Acts– Coercing a person to perform sexual acts against their will, including filming or photographing the act

While these are all criminal acts prosecuted by the state, a survivor may also seek justice through the civil court system to recover compensation.

Sexual assault commonly takes place in:

Perpetrators often take advantage of their positions of authority over their victims.

Holding Abusers Accountable Through Civil Litigation

It’s important to understand that sexual assault is both a criminal and a civil wrong. The former involves the harm this behavior does to society at large, while the latter concerns the harm it does to the individual person who suffered it.

Criminal proceedings are initiated by the state and focus on determining the guilt of the accused. The aim is to impose penalties such as imprisonment or probation, which are meant to punish the offender and deter future crimes. In these cases, the burden of proof is high, requiring evidence that shows the defendant’s guilt beyond a reasonable doubt. While criminal trials can deliver a sense of justice, they often do not provide direct compensation to the survivor.

Civil litigation, on the other hand, is initiated by the survivor, who serves as the plaintiff and is often represented by a sexual abuse lawyer. It focuses on obtaining compensation for the specific harm the plaintiff suffered, such as medical expenses, physical pain, emotional distress, and loss of earnings. The burden of proof in civil cases is lower than in criminal cases, requiring only a preponderance of evidence to establish the defendant’s liability. “A preponderance of evidence” means that it must be more likely than not that the harm occurred as the plaintiff claims.

Compensation for Sexual Assault Survivors

The consequences of sexual assault can be emotionally and physically profound. They can also be expensive. The Centers for Disease Control and Prevention (CDC) estimates that rape survivors have average lifetime costs of almost $122,500, to say nothing of the intangible pain and suffering they experience. No one should have to pay the cost of a horrible wrong committed against them.

With this in mind, a survivor’s rights law firm in Michigan can help you seek compensation for the many effects that sexual assault has had on your life, including for:

Medical Expenses– This includes immediate medical costs as well as ongoing treatments, such as counseling and therapy, which are essential for psychological recovery.
Lost Wages– Many survivors need time away from work to recover, which can lead to lost income. Compensation can cover these lost wages and secure financial stability during the healing process.
Pain and Suffering– The emotional trauma from sexual assault can be debilitating. Compensation for pain and suffering acknowledges this emotional toll and provides a measure of relief.

You deserve to have the money you need to rebuild your life. An experienced attorney can pursue it on your behalf, and at no upfront cost to you.

How Long Do I Have to File?

Currently, survivors have three years to file a civil lawsuit against the person who assaulted them. Those who suffered assault as a minor have until their 28th birthday to file. However, these deadlines could be in flux, as both the state legislature and the courts consider dramatically extending the statutes of limitations on such claims and opening a “revivor” period allowing survivors whose claims have previously been sunsetted to file suit. The changing landscape is just one reason to speak with a sexual assault lawyer as soon as you’re comfortable doing so.

How Can a Detroit Sexual Assault Attorney Help?

A sexual assault attorney in Detroit is a key ally as you seek justice for what you’ve suffered. While you focus on your physical and emotional health, they can:

Investigate your case to secure evidence of what happened and who is to blame.
Gather medical documentation, tax forms, pay stubs, and other records proving the financial expense of what you’ve suffered.
Work with physicians and psychologists to determine the long-term emotional consequences the sexual assault has had on your life.
File your claim against the at-fault parties and negotiate for a fair settlement, if that is your preference.
Take the perpetrator to court if doing so is the best way to get justice and compensation on your behalf.
Offer emotional support and legal guidance throughout your case and make your voice heard.

Why Choose Atnip & Associates, PLLC, as Your Michigan Sexual Abuse Lawyer?

Compassion and collaboration are central to the legal services we provide at Atnip & Associates, PLLC. We treat all our clients as if they were members of our own family, which helps us represent them with the care and dignity they deserve. We know just how difficult it can be for survivors to come forward with their stories, and we want to honor your bravery in doing so by providing you with the most dedicated legal help possible. That includes handling your case at no upfront cost to you. That way, you can demand accountability and justice without concerns over expense. We’ll only collect a fee if we secure a settlement or verdict on your behalf.

Whether you need a sexual harassment attorney in Michigan or you are pursuing a case for outright assault, we are prepared to handle your case with respect, compassion, and dedication. Contact Atnip & Associates, PLLC, today for a free legal consultation in Detroit, and let us put our 85 years of combined experience to work for you.