You can sue another person for sexual assault in Indiana. A lawsuit would be a civil case, not a criminal one, meaning the result of the case isn’t the alleged perpetrator going to prison. Instead, they may be ordered by the court to pay you compensation for damages you’ve suffered as a result of the sexual assault.
If you’ve been the victim of sexual assault in Indianapolis, you should seek justice for your pain and suffering. Learn how the state of Indiana classifies sexual battery, what the difference between a criminal sexual assault and civil sexual assault case is, and what kind of compensation you could expect from a lawsuit.
Definition of sexual assault in Indiana
In Indiana, sexual battery is considered a felony. The law defines it as:
- Touching another person when that person is forced to submit to the touching
- Touching another person when that person is so mentally disabled or deficient that they cannot consent to touching
- Touching another person’s genitals, public area, buttocks, or female breast when that person is unaware that the touching is occurring
If the sexual battery involves the use or threat of use of deadly force, a deadly weapon, or the victim has been furnished with drugs or a controlled substance, it’s a more serious felony. For someone to be charged with a crime of sexual battery in Indiana, the prosecutor must prove their actions fit this definition.
Other sexual assault crimes related to sexual battery are:
- Sexual conduct with a minor
- Sexual conduct in the presence of a minor
- Child molesting
- Rape
What is the statute of limitations on sexual abuse in Indiana?
The statute of limitations for sexual battery in Indiana is five years. If you want to report the incident and have the state charge the alleged perpetrator with a crime, you must turn the person in within five years of the incident.
Most crimes in Indiana have a time limit on them, meaning that if you wait until after this period has ended, the state cannot prosecute the case anymore. This limit is generally five years, however for some crimes it’s only two years. For others, such as child molestation, the statute of limitations extends until the alleged victim is 31 years of age.
If you want to file a personal injury claim for sexual assault — which is a civil case and not a criminal one — you must do so within two years of the incident occurring.
Punishment for sexual assault in Indiana
In Indiana, sexual battery can be a Level 6 or Level 4 felony, depending on the severity. For a Level 6 felony, the penalties are imprisonment for between six months and two and a half years and a fine of up to $10,000. For a Level 4 felony, the prison sentence is between two and 12 years and the fine can be up to $10,000.
If you pursue compensation for sexual assault in a civil claim, the alleged perpetrator may be ordered by the court to pay damages to you. This amount varies significantly, as it takes into account a variety of factors including medical bills, pain and suffering, trauma, and more.
The court might also put a restraining order on the person who committed the sexual assault, forcing them to stay away from you and refrain from contacting you.
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Sexual assault: Criminal vs civil case
Sexual battery is a crime in Indiana and anyone who commits it can be charged, prosecuted, and convicted. In a criminal case, the state presses charges against an individual and a prosecutor is responsible for building a case against them. If the person is convicted, a judge sentences them according to the sentencing guidelines for sexual battery.
However, sexual battery can be a civil case too. If you are a victim of sexual assault, you can file a personal injury claim against the person or entity responsible. If this individual or organization is found liable, they can be forced to pay damages to you.
In a criminal case, the focus is on determining guilt. In a civil case, it’s about making the injured person “whole” again. If you sue someone for sexual assault, they won’t go to prison as a result of your lawsuit — although there might also be a criminal case going on at the same time, which could result in prison time for that individual.
Getting compensation in an Indiana sexual assault lawsuit
Experiencing sexual assault can be traumatic, leaving consequences you have to deal with for years afterward, possibly even a lifetime. Money can’t make up for your suffering, but getting compensation from a sexual assault lawsuit can be a crucial step toward justice and recovery.
This compensation can help cover your medical bills, help you pay for counseling, cover legal fees, and cover expenses that are geared toward making you “whole” again.
When you work with a personal injury attorney on your sexual battery lawsuit, they will take into account the incident itself as well as all the consequences you’ve had to deal with since, including psychological trauma. They can then calculate what a fair compensation package would be. Typical damages covered by a sexual assault lawsuit include:
- Counseling or therapy
- Hospital and doctors’ visits
- Medications
- Pain and suffering
- Legal costs
- Punitive damages to deter the perpetrator in the future
As part of the criminal sentencing process, the court may also order the defendant to pay restitution to you. This money would be separate from the compensation you would get from the civil lawsuit.
Who is liable in an Indiana sexual abuse lawsuit?
In a civil sexual abuse lawsuit, it’s possible there are multiple responsible parties, not just one individual. If the sexual battery happened at a workplace or educational institution, those organizations may be held liable if they failed to mitigate risks that led to a sexual battery incident.
Holding an organization liable doesn’t mean that it’ll face criminal charges. It means that the organization will have to pay damages to the injured party. The same is true for individuals who are held liable but who aren’t the perpetrators.
Some examples of the entities and individuals that could be held responsible for sexual battery in a civil lawsuit are:
- Schools and educational institutions
- Student organizations
- Employers or workplaces
- Sports clubs
- Hospitals, clinics, and medical networks
- Houses of worship
Finding liability in sexual assault lawsuit isn’t easy. By working with an experienced attorney, you can ensure your case is assessed thoroughly and that all potentially responsible parties are brought to justice.
Suing for sexual assault in Indianapolis
If you want to start a lawsuit for sexual battery in Indianapolis, you should know what your options are. Trying to take the matter on by yourself could lead to disappointment and even more trauma and suffering for you. Instead, work with an Indiana personal injury lawyer who understands how sexual assault lawsuits work.
If you’d like to take legal action concerning a sexual assault case in Indianapolis, the attorneys are Yosha Law Firm are ready to work with you. Contact us today to see how we can help you.
