Atlanta Sexual Assault Attorney
Sexual assault remains a persistent problem that causes intense trauma and drastically interferes with one’s quality of life. It affects everyone at all ages and from all walks of life, and can occur even at the hands of trusted individuals, organizations, and institutions.
If you or a loved one have been the victim of sexual assault, we understand the difficulties you are experiencing. Our compassionate legal team is ready to work on your behalf to bring to justice those who assaulted you and those who allowed the assault to occur. You have the right to seek compensation, which will help you get the medical attention, psychological treatment, and emotional support that you deserve.
You can count on The Dixon Firm to fight for you.
What Is Sexual Assault?
Sexual assault includes any form of abuse in which one person touches another without their consent or forces them to engage in sexual activity against their will. It is a broad term that encompasses a variety of behaviors that infringe upon the dignity and safety of someone else. Among these are:
- Non-consensual kissing
- Touching or groping of one’s intimate body parts
- Forced sexual penetration (including rape)
- Molestation
Assailants engage in sexual assault by using various means, such as:
- Threats
- Coercion
- Intimidation
- Pressure
- Manipulation
- Insults
- Humiliation
- Blackmail
- Guilt-tripping
- The use of drugs or alcohol
- Exploitation of a position of power, authority, or influence
Sexual assault often intersects with other forms of sexual violence, such as harassment and stalking. Although most victims know their assailants, this isn’t always the case. Regardless, most victims find themselves experiencing a wide range of emotions, from fear and anxiety to anger and depression.
What to Do if You Have Been Assaulted or Raped in Georgia
The immediate aftermath of a rape or sexual assault can be frightening and confusing. But the steps that you take are important to protecting your safety, health, and legal rights.
Call 9-1-1
First, make sure you’re in a safe place. Call 911 if you are unsure where you are or if you do not know whether you can escape your location. Then, contact someone you trust and let them know that you need help.
See a Doctor
Your next step is to seek medical attention at the hospital or emergency department as soon as you are able. Physical evidence is extremely important in proving an assault, and the treating physician can help you preserve it.
Contact a Lawyer
Finally, contact an experienced Atlanta sexual assault attorney. Many times, sexual assault victims don’t seek legal support because they may feel that no one will believe them. They may feel shame and embarrassment about what happened.
Our attorneys understand that survivors of sexual assault are dealing with one of the most difficult events of their lives. Our team can help protect your rights as a victim, maintain your privacy and confidentiality, and help you focus on recovering physically and emotionally.
Effects of Sexual Assault or Rape on the Victim
Victims of rape and other forms of sexual assault can experience a wide range of mental, physical, psychological, and emotional repercussions and trauma. Some common experiences of rape victims are:
- Depression
- Flashbacks
- Fear and anxiety
- Self-harm and suicidal thoughts
- Alcohol and drug abuse
- Dissociation
- Eating disorders
- Sleep issues
If you suffer from these or related problems, be sure you see a mental health professional, such as a therapist or counselor, to get the care you need.
When Should You Contact a Sexual Assault Attorney?
It is not uncommon for someone who has been the victim of sexual assault or rape to suffer post-traumatic stress disorder (PTSD) in the aftermath of a violent encounter. Survivors should be able to seek psychological help as well as physical treatment. Additionally, a sympathetic sexual assault attorney experienced in these sensitive cases can help survivors navigate what can be confusing and often frightening court proceedings.
An attorney can help you bring the assailant to justice, but also hold accountable the business or organization that enabled the assault. Legal action is also important in helping you seek compensation for the personal and financial damages you incur. Some of these, such as medical and counseling bills, fall under the category of economic damages, but a survivor can also seek compensation for certain non-economic damages, such as emotional distress and PTSD.
Our firm strongly believes that survivors of sexual assault and rape have the right to be heard in court and to seek justice and accountability from those parties who have harmed them. The Atlanta sexual assault lawyers at The Dixon Firm, P.C. can offer resources, support, understanding, and legal counsel in the face of rape’s devastating emotional and physical effects.
Rape Crimes and Negligent Security
Rape can occur in several different settings, many of which are familiar and appear safe to the victim. There is a misconception that most rapes happen in dark and secluded areas such as back alleys. In reality, many victims are assaulted in places that seem secure, such as in hotels, massage parlours, private gyms, or even the residence of a friend or romantic partner.
Depending on where the rape occurs, a victim can take legal action through what is known as premises liability law. Premises liability means that while the individual assailant can be held responsible for the attack, so can the owner of the property if they failed to take reasonable steps to keep the premises secure. Any type of personal injury – including those that result from rape and sexual assault – that occurs on someone else’s property could open the door to a premises liability lawsuit.
To win compensation, the sexual assault survivor has the duty of proving four specific elements of a premises liability lawsuit.
Duty of Care
This means that the property owner owed the victim some sort of duty to take reasonable precautions to keep guests or other individuals who had a legal right to be on the property safe. The exact nature of this duty will vary from one situation to the next.
Breach
A breach occurs when, by some negligent act or omission, the property owner fails to abide by their duty of care. In general, if the owner knew or reasonably should have known about the risk of sexual assault, then they had a legal duty to take reasonable precautions to keep guests and visitors safe. This may include better lighting in the parking lot, replacing or adding locks to doors and windows, hiring security guards, or investing in surveillance cameras and security systems.
Causation
Next, the victim must explain how the breach resulted in them being raped or sexually assaulted. An Atlanta attorney representing the victim may argue, for instance, that the property owner either knew or should have known about previous assaults at or near the property, which jeopardized the safety of guests or visitors, yet did nothing to make the property more secure. This, in turn, might have allowed someone to assault the victim.
Damages
Finally, the victim will explain the nature and amount of damages that will fairly compensate them for their injuries. Among these are current medical costs (including for therapy, counseling, and other mental health services), future medical costs, lost wages, trauma, and emotional distress. In some cases, punitive damages are available to punish especially wrongful conduct on the part of the property owner.
Who Can You Sue for Sexual Assault?
Sexual assault can happen anywhere and at the hands of anyone. This means that numerous individuals, businesses, organizations, and others can be held liable to the assault victim. You may be able to sue the owners, managers, administrators, and other parties who were responsible for assaults that occur at the following:
- Hotel
- Apartment community
- Gas station
- Privately owned building
- Shopping center
- Event space
- Nightclub
- Daycare or summer camp
- Massage parlor
- Hospital
- Mental health facility
- Law enforcement vehicle or facility
- Uber, Lyft, and other ridesharing vehicles
- Employers
- Schools, colleges, and universities
It is within your rights to seek financial compensation for your personal and financial losses through a civil lawsuit against the responsible individual, company, or organization. The Atlanta sexual assault lawyers at The Dixon Firm, P.C. can help you learn your rights and take a stand against negligent and criminal parties.
Criminal Suits vs. Civil Suits for Sexual Assault
As the victim of a rape crime, your first thought is probably how to press charges against the perpetrator. While pursuing a criminal case against the assailant may result in them going to prison, you may also have grounds for a civil claim against the offender as well as the property owner or manager.
This is important for at least two reasons. First, although you can ask a court to order the assailant to pay you civil damages, these will likely be limited. The assailant probably does not have the financial resources to fully compensate you for your losses, but the property owner likely will.
Secondly, taking civil action against the property owner can help address the underlying cause (e.g., negligent security) that allowed the attack in the first place. This could prevent others from being victimized.
After you call the police and report what happened to authorities, the state prosecutors will take over from there, finding and detaining the alleged criminal and pressing charges accordingly. Meanwhile, you will need to pursue a civil action by contacting an attorney. Your attorney will investigate the role that the property owner, as well as other parties, played in allowing the assault to occur.
Sexual Assault Resources in Georgia
There are many resources available to help rape and sexual assault survivors find comfort and support as they walk their own personal journey to recovery:
- RAINN: Rape, Abuse & Incest National Network: RAINN has trained staff who specialize in referring survivors to local crisis centers and who can offer basic advice. Their National Sexual Assault Hotline is free, confidential, and available 24/7. Call 1-800-656-HOPE or visit www.rainn.org for more information.
- National Sexual Violence Resource Center (NSVRC): NSVRC has a vast library of statistics, information, research, and speakers who address issues that are relevant to sexual violence. You can reach them at 1-877-739-3895 or www.nsvrc.org.
- National Alliance to End Sexual Violence (NAESV). Most, if not all, states have coalitions geared toward combating sexual assault. NAESV can provide a contact list for those various organizations. Visit them at www.endsexualviolence.org.
There are also groups dedicated to helping students and addressing their specific needs:
- NotAlone.gov: Not Alone walks students through what to do after a sexual assault and how to file a complaint against the college where the assault occurred. Reach them at www.notalone.gov/students.
- Locally, places like Dekalb Rape Crisis Center provide support to rape and sexual assault victims and their families and offer general education to the public regarding rape and sexual assault.
In addition to the ones listed above, we can help you locate local resources for your support.
If you have suffered as the victim of rape or another sex crime, do not hesitate to reach out to a knowledgeable and understanding Atlanta sexual assault attorney to get the legal counsel you deserve. Seeking justice may help you through the healing process, and it may protect others from similar situations. We will handle your case confidentially and investigate the circumstances in a manner that respects your privacy and dignity.
Hire a Trusted Atlanta Sexual Assault Attorney
If you’re a survivor of rape or sexual assault, you deserve an attorney who will help you. The Dixon Firm, P.C. has the experience and dedication to fight on your behalf to ensure that you are compensated as fully as the law allows. For a free consultation, call our Atlanta office or contact us online.
