Sexual abuse survivors have the right to access medical care, counseling, and mental health services, regardless of whether they choose to report the assault to law enforcement. Additionally, the Sexual Assault Victims’ Bill of Rights ensures that all survivors are treated with dignity and compassion, regardless of their immigration status or national origin.
If you or a loved one has experienced sexual abuse, understanding your rights is the first step toward healing and seeking justice. Shrader & Associates, L.L.P. understands how overwhelming it can be to seek justice for the traumatic abuse you have suffered. That’s why we’ve put together this guide to help you navigate this emotional time and pursue legal action.
What Are The Laws & Rights Of Sexual Assault Victims?
This section explains U.S. sexual abuse laws and the rights of survivors, covering cases in various settings such as schools, summer camps, and massage therapy.
Sexual Abuse Laws
In the U.S., federal sexual abuse laws encompass any sexual contact without consent. There are three levels of sex crimes based on the degree of force used:
- Sexual assault: Unwanted touching, kissing, fondling, or forced intercourse without consent.
- Sexual assault with a weapon: A perpetrator using a weapon to threaten or intimidate a victim, threatening harm to a child or family member if consent is not given, or committing an assault that causes bodily harm.
- Aggravated sexual assault: If you were hurt, maimed, or disfigured during an assault, or if your life was endangered.
The penalties for sexual abuse vary depending on the victim’s age and the circumstances of the case.
Here are a few examples:
- Sexual assault: Up to three years in prison and a fine
- Aggravated sexual assault: Up to 10 years in prison and a fine
- Sexual abuse of a minor: Up to two years in prison and a fine
- Aggravated sexual assault of a child: 30 years to life in prison
How Long Do You Have to Make a Claim?
Various statutes of limitations can affect your sexual abuse claims, with timeframes varying across different U.S. states. However, a majority of states will pause or extend these timeframes when DNA evidence is available or if sex crimes were committed on a minor. Here are three examples:
- Texas: Victims of childhood sexual abuse have up to 30 years from the date of the assault to make a claim.
- Missouri: Victims can claim within 10 years from their 18th birthday if they were minors when the sex crime was committed.
- Florida: Adult survivors of rape have four years from the date of the assault to file a claim. For victims under 16, there is no time limit, while those assaulted as minors must file within seven years of turning 18.
Rights of Sexual Assault Victims
These are five general rights of victims in sexual abuse cases:
1. Right to Report
Survivors of sexual abuse, including childhood sexual abuse, have the right to report their assault without feeling pressured to speak further if they do not wish to. The abuse can be reported to law enforcement, an attorney, or the Rape, Abuse & Incest National Network (RAINN).
2. Legal Representation
You have the right to free legal counsel from various legal aid services—such as PCAR, CAASE, and NYLAG—should you want to pursue a civil lawsuit against the perpetrator. While these organizations provide free support, Shrader & Associates L.L.P. offers specialized and paid legal representation. Our sexual abuse lawyers work tirelessly to protect your rights and advocate for justice, providing personalized legal support tailored to your case.
3. Confidentiality and Protection Orders
You have the right to confidentiality regarding your medical and police reports. Survivors can also seek restraining or emergency protective orders to prevent further contact with the perpetrator.
4. Access to Medical Care and Psychological Support
You have the right to receive medical care, including forensic examinations (commonly known as a “rape kit” or “Sexual Assault Evidence Kit”) and treatment for any physical injuries. If the victim is under 13, a parent or legal guardian must give consent before law enforcement can test the SAEK.
Note that all sexual violence forensic examinations need to be conducted by qualified healthcare professionals trained to complete the exam, such as:
- Sexual Assault Nurse Examiners (SANEs)
- Sexual Assault Forensic Examiners (SAFEs)
- Sexual Assault Examiners (SAEs).
Survivors also have the right to access free psychological support through local community services or via RAINN’s 24/7 National Sexual Assault Hotline (800 656 4673).
5. DNA Evidence
You have the right to know that DNA and other evidence can degrade over time. To protect your rights, forensic evidence should be collected within 72 hours for the best chance of analysis, though it may still be viable for up to seven days. You also have the right to ask about the status and results of all evidence collected in your case.
Why Should Sexual Assault Victims Seek Legal Advice?
Sexual assault is a serious crime, and seeking legal advice is crucial in protecting your rights and pursuing justice.
We understand that being a victim of a sex crime is devastating. If you or a loved one has experienced sexual assault and wish to pursue legal action, consulting an experienced attorney is essential. Shrader & Associates, L.L.P. is committed to handling your case with compassion, confidentiality, and professionalism, ensuring your voice is heard.
Shrader & Associates L.L.P. Is Here To Help
U.S. federal laws apply to any unwanted sexual contact without consent. Any victim of sexual abuse has the right to report their case and access medical care.
At Shrader & Associates L.L.P., we firmly believe no one should stand alone against their perpetrators when tackling the criminal justice system for sexual abuse. Let us fight for your legal rights and seek the maximum financial compensation you deserve. Contact us today for a free consultation.