Statutory Rape Attorneys

How Statutory Rape Is Handled in Criminal Versus Civil Court

Criminal and civil sexual abuse may encompass the same act, but legally, they are handled differently. The standard of proof is also different.

• Criminal sexual abuse: This is prosecuted by a district attorney’s office as a criminal offense. The defendant is the older adult who is charged with sex acts with an underage minor. The criminal punishments for statutory rape may include fines, incarceration, probation, and mandatory sex offender registration for life. In criminal court, defendants must be found guilty “beyond a reasonable doubt,” meaning the judge and/or jury is suitably convinced of their guilt.
• Civil sexual abuse: This involves the victim or his/her family directly bringing a lawsuit against the person who committed the sexual abuse. The purpose of a civil lawsuit is to recover damages for the victim’s pain and suffering. These cases are brought in civil court by a personal injury lawyer on behalf of the victim, and any applicable punishment against the defender is in the form of monetary damages, not incarceration. You can file a civil child sexual abuse lawsuit whether or not your statutory rape was prosecuted, even if it was prosecuted and the alleged offender was acquitted. To win a judgment in civil court, the offender must be found liable by a “preponderance” of evidence, which is a much lower standard than in criminal court.

What Is the First Step?

If you or your child is a survivor of statutory rape, the first step toward demanding justice is contacting an attorney at Manly, Stewart & Finaldi. We can walk you through the next steps to take, such as identifying the defendant(s) and filing your paperwork with the correct court before the deadline. You do not have to navigate the laws alone. We can help you understand your rights and options in the eyes of the civil courts. If we believe you are eligible for compensation, we will fight by your side for fair results.

Do not worry about exposing yourself or feeling vulnerable when contacting one of our attorneys. Our law firm focuses exclusively on sexual assault and abuse law. We understand precisely how to treat these claims and clients. We use the highest standards of confidentiality in all that we do. If it makes you more comfortable, we can keep your identity anonymous for the duration of your statutory rape case. Our statutory rape attorneys can take care of all communications and interactions with the other side of the case so you do not have to face your perpetrator in person.

Who Could Be Held Responsible?

During a civil statutory rape case, the rapist and the overseeing institution – if any – could both share responsibility for your or a loved one’s damages. If the perpetrator was part of a school, youth program or church, for example, the institution could be vicariously responsible for the crimes against you or your child. You could also bring your case against the perpetrator as an individual; however, this may not lead to adequate compensation for your damages.

At Manly, Stewart & Finaldi, we know how to investigate cases to explore all potential identities of defendants. We will search for evidence of someone else’s fault besides the perpetrator for better odds of obtaining fair compensation. Then, we can handle the process of filing your initial claim against the defendant(s) in the right civil court on your behalf. Our statutory rape lawyers will do everything in our power to assist you and your family during this troubling time.

What Can You Be Compensated For?

Bringing a civil statutory rape claim against one or more parties is important for many reasons. First, it could bring you and your loved ones closure and peace after a highly traumatic incident by holding the at-fault party accountable. Second, it could force the perpetrator and/or larger institution to do things differently in the future, possibly preventing other statutory rape crimes. Finally, it could bring your family much-needed compensation to see you through this difficult time.

• Past and future medical expenses
• Emotional distress and psychological damages
• Post-traumatic stress disorder
• Fear, grief, depression or anxiety
• Therapies and rehabilitation
• Lost quality or enjoyment of life
• Lost wages or benefits
• Legal and attorney’s fees
• Punitive damages

Our statutory rape lawyers have worked hard over the years to obtain the types of results we believe our clients deserve. As attorneys who only accept cases in the sexual assault and harassment practice areas, we know precisely how to handle these claims to maximize each client’s odds of financial compensation. Our law firm has obtained over $2 billion for past clients. If we win your case, you could receive awards for many economic and noneconomic damages. Learn what your case could be worth today by requesting a free consultation.