Pennsylvania Sexual Assault Victim Lawyer

Sexual assault can include anything from unwanted kissing to forcible sexual contact, including rape.

There is no legal cause of action has been labeled as “sexual assault.” The common law crime of rape is subsumed for the purposes of federal law under the crime of aggravated sexual abuse. States use a variety of terms to encompass the crime of rape, including sexual assault, sexual battery, and sexual misconduct.

An individual is guilty of this offense if he or she “knowingly causes another person to engage in a sexual act (1) by using force against that other person; or (2) by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, kidnapping, or attempts to do so.

An individual is also guilty of this offense if he or she “knowingly (1) renders another person unconscious and thereby engages in a sexual act with that other person; or (2) administers to another person by force or threat of force, or without the knowledge or permission of that person, a drug, intoxicant, or other similar substance and thereby (A) substantially impairs the ability of that other person to appraise or control conduct; and (B) engages in a sexual act with that other person or attempts to do so.

In the civil course of action, victims of sexual assault will have to file a lawsuit under a recognized tort theory that differs from state to state. This theory will have to fall under the rubric of an intentional tort, meaning that the victim will have to prove that the defendant acted with some kind of general or specific intent. This makes proving sexual assault lawsuits somewhat more difficult than a regular negligence claim because it holds a higher standard of Mens Rea. Mens Rea is the intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the actions or conduct of the accused. However, if a plaintiff succeeds in proving their case, the nature of the facts may compel a sympathetic jury to grant a larger jury award to the victim than the average negligence case. Due to the extreme complexities of sexual assault cases, it is important for victims to hire an experienced sexual assault lawyer.

There are several possible legal theories that a sexual assault lawyer can use to obtain compensation for victims in the event of a sexual assault. Moreover, sexual assault lawyers can use one or more of these legal theories in a case. The potential avenues for a sexual assault lawsuit, each of which will be discussed below, are the following intentional torts:

• Assault
• Battery
• Intentional Infliction of Emotional Distress
• False Imprisonment

Assault

Assault occurs when there is a threat of physical harm and the victim believes that they are going to be harmed. This is known as “apprehension.” In the context of assault, the victim’s apprehension happens if the victim believes that the defendant’s conduct will result in imminent harmful or offensive contact unless it is prevented. An attempted sexual assault can be grounds for suit even if the sexual assault did not occur.

It is not necessary that the victim believes the conduct will be effective in making such contact, only that the victim believes the conduct is capable of making such contact. There needs to be some intentional act on the part of the defendant that causes the victim to fear of injury, serious bodily harm, or death. All that is needed to prove assault is an attempt to touch with a threat to the plaintiff.

The prima facie case for “assault” has 2 components:

1. The defendant intends to cause the victim to apprehend imminent harmful contact from the defendant
2. The defendant’s action causes the victim to reasonably apprehend such a contact

Battery

Battery is the most common legal cause of action that is associated with sexual assaults. The perpetrator must have some sort of intent to commit the act of unwanted contact that is either harmful or offensive to the plaintiff. Any kind of unwanted touching or sexual contact can be considered battery so long as the intent can be proven.  In order to receive damages for a sexual assault under the tort theory of battery, there must be some sort of harm to the victim. This does not necessarily mean that there is physical harm. Emotional harm or distress is enough to constitute the necessary harm for which the victim is compensated.

The prima facie case for battery contains 3 components:

1. The defendant intends to cause contact with the victim
2. The defendant’s contact with the victim is harmful or offensive
3. The defendant’s contact causes the victim to suffer a contact that is harmful or offensive

Intentional Infliction of Emotional Distress

Although this is very rare and difficult to prove, sexual assault is one example of an act that can comprise this tort. The perpetrator must act in an extraordinarily and outrageous manner in an attempt to cause emotional distress to the victim. This is typically done by a defendant vocally issuing a threat of future harm to a plaintiff. Moreover, unwanted touching can meet this definition. The conduct generally must be something that is extraordinary and outrageous and the necessary intent must be to bring about emotional distress to the victim. Most civil suits will focus on assault and battery, but this is often an additional cause of action.

The prima facie case for intentional infliction of Emotional Distress includes 3 components:

1. The defendant’s conduct is extraordinary and outrageous
2. The defendant acted for the purpose of causing the victim emotional distress so severe that it could be expected to adversely affect mental health
3. The defendant’s conduct causes such distress

False Imprisonment

False imprisonment may often result from sexual assault. This requires that the perpetrator commit some sort of act that places a restraint on the victim that confines the victim to a bounded area.

The prima facie case for false imprisonment includes 3 components:

1. The defendant intends to confine the plaintiff without the plaintiff’s consent and without the authority of the law
2. The defendant’s act causes the plaintiff’s confinement
3. The plaintiff is aware of his/her own confinement

When a victim is assaulted and unable to move, it is often enough to be considered false imprisonment. Battery and false imprisonment will usually go together in a lawsuit for sexual assault in Pennsylvania.