The statutes of limitations for sexual assault in Vermont can vary depending on the circumstances of the case. If the victim was a minor at the time of the assault, Vermont law allows the individual to file a lawsuit within six years from their 18th birthday.
For adults, the statute of limitations is typically three years from the date of the assault. However, if the sexual assault resulted in a pregnancy, the victim has two years from the birth of the child to file a lawsuit.
Aggravated sexual assault has no statute of limitations in Vermont, regardless of the age of the victim. This means that a person can be prosecuted for this crime at any time after the commission of the offense. Aggravated sexual assault is defined as a sexual act that involves serious bodily injury, use of a deadly weapon, multiple assailants, or other aggravating factors.
Also, the statute of limitations for sexual assault or sexual abuse of a vulnerable person is six years from the date of the act. A vulnerable person is someone who is impaired due to mental disability, mental illness, or brain damage, or someone who is over 60 years old and receives personal care services from the perpetrator.
Civil Lawsuits for Sexual Abuse
In a civil lawsuit, a victim of sexual abuse can pursue damages from the perpetrator. These damages could be economic, such as medical expenses or lost wages, and non-economic damages, like pain and suffering, emotional distress, and loss of enjoyment of life.
In some instances, a civil lawsuit can also be brought against an entity that failed to prevent the sexual abuse or assault and battery, such as an employer or school.
Here are scenarios for economic and non-economic damages:
- Economic Damages: Let’s say an individual was sexually abused and had to seek medical treatment for physical injuries. In this case, they can claim economic damages to cover these medical expenses. If the trauma led them to take time off work or caused a decrease in their earning capacity, they could also seek damages for lost wages. To prove these damages, the victim would need evidence such as medical bills, pay stubs, or an expert testimony about their decreased earning potential.
- Non-Economic Damages: If the same individual suffered severe emotional distress due to the abuse, leading to conditions like depression or anxiety, they might claim non-economic damages for pain and suffering. They might also claim loss of enjoyment of life if their ability to engage in hobbies or other pleasurable activities has been affected. Proving these damages can be more complex and may require testimonies from mental health professionals or others who can attest to the changes in the victim’s life.
- Assault and Battery by an Entity: Imagine a scenario where a student is sexually abused by a teacher at their school. If the school knew about the teacher’s behavior and failed to take appropriate action, a lawsuit could potentially be brought against the school. Proving this requires evidence that the school was aware of the risk and didn’t take necessary precautions. This could be through previous complaints, internal communications, or other means.
Filing a Claim with the EEOC
If the sexual abuse happened in a workplace context, the victim can file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC). Let’s consider a scenario where an employee is sexually assaulted by their supervisor. They first report the incident to their company’s HR, but no appropriate action is taken.
The victim then chooses to file a claim with the EEOC. They need to provide details about the incidents, including dates, locations, people involved, and what occurred. The EEOC will then notify the employer about the charge and begin an investigation. This process might involve gathering documents from the employer or interviewing witnesses.
If the EEOC finds reasonable cause to believe that discrimination occurred, they will try to settle the charge. If this isn’t successful, they may file a lawsuit on behalf of the individual or provide them with a Right to Sue letter. This letter gives the victim the right to file a lawsuit in court.
In both civil lawsuits and EEOC claims, it’s crucial for victims to consult with an experienced attorney. They can provide guidance, ensure rights are protected, and help maximize the potential for a successful outcome.
Criminal Cases for Sexual Abuse
In addition to civil remedies, sexual abuse can also result in criminal charges against the perpetrator. Unlike civil cases where the victim seeks compensation, criminal cases are pursued by the state to punish the offender. A conviction can result in imprisonment, fines, or other penalties.
Let’s consider a scenario where a person has been sexually assaulted by a stranger. In such a case, the victim can report the incident to law enforcement who will conduct an investigation. If there’s enough evidence, the district attorney may decide to file criminal charges against the alleged perpetrator. In this case, the criminal trial will focus on proving the accused’s guilt beyond a reasonable doubt. If the alleged perpetrator is found guilty, the judge will determine their sentence, which could include prison time, probation, fines, mandatory counseling, or a combination of these.
In another scenario, a person may be sexually abused by a family member. Here, too, criminal charges could be brought, and if the family member is found guilty, they might face similar penalties. They could also be subjected to additional consequences, such as being barred from contact with the victim or other minors, or losing custody or visitation rights if the victim is their child.
Other Compensation for Sex Abuse Victims
In addition to monetary damages awarded through civil lawsuits and criminal restitution orders, victims of sexual abuse can sometimes access further financial assistance through victim compensation programs.
These programs are typically funded by fines and penalties paid by criminals, and they are designed to cover crime-related costs that are not reimbursed by other sources. For instance, they might cover the cost of counseling sessions for the victim, which can be vital in helping them cope with and recover from the trauma.
Additionally, some programs cover costs related to the crime that may not be considered in a civil lawsuit or criminal restitution order, such as travel expenses for medical treatment or court appearances, or the cost of increasing home security after the crime.
To apply for these funds, victims typically have to report the crime to law enforcement, cooperate with the investigation and prosecution, and submit a timely application, among other requirements. The specifics vary from one jurisdiction to another, so it’s important for victims to get information about the available programs in their area.
Do I Need a Lawyer?
If you have been a victim of sexual abuse, consider consulting with a personal injury lawyer through LegalMatch. An experienced attorney can guide you through the complexities of filing a civil lawsuit and help you seek the justice you deserve.
If you are facing criminal charges related to sexual abuse, you should reach out to a Vermont criminal lawyer through LegalMatch. They can help you understand your rights, build a defense, and navigate the legal system. Don’t wait any longer to get the legal help you deserve.
