Common Sexual Assault Questions

What Is Sexual Assault?

The term sexual assault is a general umbrella term used to describe any unwanted sexually charged behavior that is forced and/or directed at you without your consent.

All states have some variation of a law in place that outlines what type of behaviors rise to the level of sexual assault and associated consequences with those behaviors. 

Typically, sexual assault is broken down into two categories: physical sexual assault and non-physical sexual assault. 

Physical assault refers to any sexual action that a perpetrator inflicts on you without your consent. This can include physical altercations where a perpetrator touches you or your genitalia or forces you to engage in sexual acts without your permission. 

Sexual assault can also be non-physical and can include behaviors like verbal sexual harassment. Sexual assault can happen anywhere, and victims are often victimized by someone they know. An estimated 55% of sexual assaults happen at or near a victim’s home. 

If you have been sexually assaulted, please know you are not alone, and you do not have to navigate the road ahead alone.

Contact us today to speak with our sexual assault attorneys.

Does Sexual Assault Happen To Men?

For many people, when they think of sexual assault, women are often the victim that comes to mind. Unfortunately, this type of abuse can happen to both men and women.

According to the National Sexual Violence Resource Center, 43% of men reported being the victim of some form of sexual harassment and/or assault in their lifetime. Additionally, one in four men who were the victims of either a completed or attempted rape say their abuse happened between the ages of 11 and 17. 

Although these numbers are alarming, it’s believed that the actual numbers are higher than what is being reported. Stigmas associated with men who are victims of this type of abuse often keep men from coming forward. 

If you have been sexually assaulted, please know that you are not to blame, and you do not have to go through this alone. There are resources that can help you navigate your path to recovery.

What Is The Difference Between Sexual Assault, Sexual Battery, And Rape?

Rape describes non-consensual intercourse with a victim. Rape can happen regardless of whether a victim is conscious or unconscious. Sexual assault can also be used to define rape, but this is more of an umbrella term used to describe various forms of sexual assault, including verbal sexual assault and harassment.

Meanwhile, sexual battery is used to describe non-consensual groping or touching of a victim’s intimate parts. 

Can I Pursue Legal Action If I Know The Person Who Assaulted Me?

Yes, you can pursue both criminal and civil charges against the individual who assaulted you. Both are avenues for you to hold your abuser accountable while seeking the justice you deserve.

What’s The Difference Between Criminal And Civil Cases In Sexual Assault?

If you report your abuser to authorities, prosecutors may take criminal action against your abuser. This is considered a criminal case. Criminal action can result in fines, jail time, and other legal consequences. 

You also have the option to pursue a civil case against your abuser. The outcome of your civil case is not tied to the outcome of a criminal case. 

Civil cases allow you to go after other individuals and entities that may have played a part in allowing your abuser to assault you. This can include educational institutions, churches, and other organizations. 

What Should I Do If I Am Assaulted While In The Military?

There is a slightly different process for reporting sexual assault while in the military. If you’ve been victimized, start by speaking with your Sexual Assault Response Coordinator (SARC). You can also seek support from the DoD Safe Helpline at 877-995-5247. 

You’ll also have a choice in how you want to file your report. A restricted or confidential report won’t notify your command, but an unrestricted one will.

How Much Will It Cost To Hire An Attorney For My Case?

Attorneys have several fee structures when taking on cases for sexual assault victims. Some attorneys will only require payment once they win your case. Others might work on a retainer and require payment at different points while working with you. At Bachus & Schanker, we offer free case evaluations where we’ll go over all elements of your case, including fee structures. 

Is My Conversation With A Lawyer Confidential?

Through attorney-client confidentiality, what you share with our sexual assault attorneys remains confidential and is not disclosed to any other parties without your consent. 

We’re here to protect you and will be by your side, working to hold your abuser and other responsible parties accountable. 

What If I Was Under The Influence Of Drugs Or Alcohol When The Assault Happened?

Even if you are under the influence of drugs and alcohol, you still have the right to make choices regarding your body. This does not serve as an excuse or justify the actions an abuser has taken against you. 

You can still pursue legal action, and our sexual assault attorneys can help you understand how the law is on your side and what legal options you should seek to hold your abuser accountable. 

What Should I Do If I Think I Was Sexually Assaulted?

For many sexual assault victims​, seeking out help and support after a sexual assault can be difficult. Some victims fear they won’t be believed, while others might fear the repercussions if they speak out. If you’ve been the victim of a sexual assault, you should seek out support immediately. 

You can do this by reporting the abuse to authorities, seeking the help of someone you support, or confidently through the National Sexual Assault Hotline at 800.656.HOPE (4673). If you have questions about sexual assault​, this hotline can help you learn more about your options and path toward healing. 

If the assault has happened recently, seek out medical attention. This can ensure your health and allows a rape kit to be done so that DNA evidence can be collected. 

How Do I Cope With The Emotional Trauma Of Sexual Assault?

It’s important to seek out the support of an experienced mental health professional who works with sexual abuse victims. Counselors can help you identify triggers, manage stressful emotions, and help you overcome life challenges that have resulted because of your abuser. 

How Can A Lawyer Help Me With My Sexual Assault Case?

Experienced sexual assault lawyers can play a critical role in helping you get the justice you deserve. They’ll help you identify responsible parties, collect critical evidence needed to prove your case, and recover the compensation you deserve because of the trauma and financial losses you’ve suffered after an assault. 

Through the Victim’s Advocates team, you’ll have a host of professionals who will lend their services to your case. Our victim advocates liaise between the families they serve, the prosecutor’s office, and other agencies involved in your case. They can also help you connect to critical resources that will help you on your journey to recovery. 

Contact us today to speak with our sexual assault attorneys.