Sexual Assault Attorney in Denver

Sexual assault is a serious problem in our society. The physical and emotional trauma of a sexual assault can affect a victim for many years. A sexual assault survivor may require ongoing medical care and counseling. Sexual assault includes unwanted sexual contact, groping, and attempted and completed assaults. Many victims feel helpless to respond. A business or organization that employs a sexual predator may be liable for the assailant’s conduct. Taking legal action after a sexual assault can focus attention on a business’s negligent hiring or lack of security and prevent others from being traumatized.

Attorney Robert Wilhite and the legal team at The Wilhite Law Firm are dedicated to helping victims of sexual assault. We are proud of the law firm’s heritage of justice. Our compassionate and committed Denver sexual assault attorneys take seriously our mission to seek justice for those who have been harmed through the negligence or misconduct of others.

The Wilhite Law Firm offers a free and confidential consultation to sexual assault victims. Our sexual assault lawyers can review the details of the incident and discuss your legal options. We understand that the assault was not your fault. Nothing you said or did invited the assault. We are here to offer trusted counsel and support. Our attorneys serve clients in Denver, Greeley, and throughout Northeastern Colorado.

What Is Sexual Assault and Abuse?

Any type of sexual contact or behavior without explicit consent is sexual assault. In Colorado, any of the following unwanted acts could be considered sexual assault or abuse:

  • Sexual touching
  • Sexual penetration
  • Forced sexual acts
  • Sexual acts under the threat of violence
  • Attempted rape

Engaging in sexual acts with someone who is unconscious, under the influence, or otherwise cannot give consent is also considered sexual abuse.

Sexual assault is a felony under Colorado criminal law. However, a criminal conviction is not required to pursue a personal injury claim for sexual assault. Contact our Denver sexual assault lawyer today.

What Is Needed for a Sexual Assault Injury Claim?

Sexual assault and abuse are intentional acts that harm survivors. However, their perpetrators are legally liable for the harm they cause.

To successfully prove a sexual assault in a Colorado civil lawsuit, the victim must establish several key elements:

  • Conduct considered sexual assault – The victim must show that the perpetrator engaged in unwanted sexual contact or behavior. This includes any act that can be categorized as sexual assault, such as non-consensual touching, rape, or other forms of sexual violence.
  • Lack of consent – Another crucial element is proving that the sexual act was performed without the victim’s consent. This involves showing that the survivor did not consent or was unable to give consent due to factors like age, mental incapacity, or intoxication.
  • Causation – The victim must demonstrate that the abuser’s actions directly caused harm. This can include physical injuries, psychological trauma, emotional distress, and other forms of harm.
  • Actual losses – The survivor needs to prove that they suffered actual losses as a result of the assault. These losses can include medical expenses, therapy costs, lost wages, pain and suffering, and lower quality of life.

In civil cases, the standard of proof is typically “by a preponderance of the evidence.” This means it is more likely than not that the assault occurred and caused harm to the victim. It is a lower threshold than the “beyond a reasonable doubt” standard used in Colorado criminal sexual assault and abuse cases.

What Are the Long-Term Effects of Sexual Assault?

The long-term effects of sexual assault can be profound and pervasive. They may affect every aspect of a survivor’s life in unexpected and unpredictable ways.

Some of these lasting impacts of sexual assault include:

  • Emotional and psychological effects – Sexual assault survivors often experience a range of psychological and emotional impacts following an attack, including depression, chronic anxiety, and post-traumatic stress disorder (PTSD). They might have ongoing fear that disrupts their daily routines or severe anxiety when remembering the assault. Other potential effects include insomnia, nightmares, panic attacks, and substance abuse.
  • Physical health issues – Long-term effects of sexual assault can also manifest physically, such as through chronic pain, gastrointestinal disorders, and exacerbate pre-existing health conditions. The stress may lead to increased blood pressure, weight loss or gain, and poor sleep. The physical closeness and vulnerability that come with seeing medical professionals may also be difficult for survivors, which may lead to increased physical health challenges.
  • Social and relationship challenges – Sexual assault and abuse can make it more difficult to trust others and be open and vulnerable in relationships with family, friends, and intimate partners. This can lead to isolation and loss of a support network. Many sexual assault survivors also have difficulty engaging in consensual sexual activity.

Sexual abuse survivors respond to their experiences in different ways. Seeking mental health treatment after an assault may offer a way to process the abuse and move forward. Contact our Denver sexual assault lawyer now.

What Is the Age of Consent in Colorado?

The age of consent is the legally defined age when someone is considered capable of consenting to sexual activities. Colorado law establishes 17 as the age of consent, which means consensual sexual activity between partners aged 17 and older is not criminalized.

Colorado also has a “Romeo and Juliet law.” It provides certain legal protections for individuals below the age of consent engaging in consensual sexual activities if both participants are close in age, including:

  • Teens who are 15 or 16 can consent to sexual activity with a partner who is less than 10 years older.
  • Teens 14 years old or younger may consent to sexual activity with someone who is less than 4 years old.

Colorado law also makes an exception to the age of consent for married partners aged 16 or 17 who have wed with parental consent.

What Is Considered Sexual Coercion?

Sexual coercion refers to the act of using pressure, manipulation, or force to compel someone to engage in sexual acts against their will. Colorado’s legal system recognizes it as a form of sexual assault, as it violates an individual’s right to give consent freely and without intimidation.

Sexual coercion can manifest in various forms, including:

  • Emotional manipulation – Convincing someone that they owe sexual favors in return for affection or continuing a relationship
  • Threats – Threatening to end a relationship, inflict harm, or expose secrets unless the individual complies with sexual demands
  • Economic pressure – Using one’s financial control over another to demand sexual acts, such as a boss threatening an employee’s job security

How Long Do I Have to Bring a Civil Lawsuit for Sexual Assault in Colorado?

Recognizing the challenges that survivors of sexual assault and abuse face in coming forward, Colorado has made significant legislative changes to support them. Previously, victims had a six-year window to seek compensation in civil court for sexual assault.

The Colorado legislature acknowledges that it can take significant time for sexual assault victims to come forward. Because of this, they enacted a law removing the statute of limitations for pursuing civil claims against perpetrators of sexual assault and abuse for incidents occurring on or after January 1, 2022. This law ensures that victims can seek justice at any time, regardless of how much time has passed since the abuse. However, the earlier statute of limitations of six years still applies to incidents that occurred before January 1, 2022 – unless the applicable statute of limitations hadn’t passed by that time.

While Colorado has relaxed its statute of limitations, there are still some significant advantages to pursuing legal action as soon as possible. Physical evidence can degrade quickly, and memories may be unreliable after time passes. Contacting an attorney to discuss your legal options following sexual assault or abuse can improve your likelihood of holding the perpetrator accountable.

Can a Sexual Assault Victim Sue the Assailant for Compensation in Colorado?

A victim of sexual assault may file a personal injury lawsuit and demand monetary damages from the perpetrator and their employer or the owner of the property where the assault occurred. A rapist or sexual perpetrator may face criminal prosecution. A personal injury lawsuit is a separate civil lawsuit initiated by the victim, seeking monetary damages. It is independent of any criminal charges or criminal prosecution of the assailant.

As a victim of sexual abuse in Colorado, you may be entitled to pursue legal action against the assailant and the assailant’s employer or the owner of the premises where the assault occurred, if a lack of security facilitated the assault.

A compassionate sexual assault injury attorney at The Wilhite Law Firm can help you understand the appropriate legal options available to you to hold your assailant accountable.

What Types of Organizations and Businesses May Be Liable for a Sexual Assault?

More than one party may be legally liable for a sexual assault. Businesses, organizations, or institutions that disregard complaints about inappropriate conduct by an employee, have lax employee screening procedures, and fail to take reasonable steps to prevent customers or guests from being sexually assaulted or abused may be liable.

Some common types of businesses and organizations named in personal injury lawsuits involving sexual assaults include:

  • Daycare and childcare centers
  • Schools
  • Spas, gyms, and health clubs
  • Tanning salons
  • Hotels
  • Apartments
  • Bars and restaurants

Property owners, including owners of hotels, ski lodges, and resorts, have a legal responsibility to prevent injury to guests on their premises and to take reasonable safety measures to prevent guests from being sexually assaulted. A hotel or lodge that employs a sex offender and allows the person access to room keys may be liable for assaults on guests committed by the individual by negligently failing to provide adequate security.

A spa or health club that employs a massage therapist who engages in unwanted sexual contact with guests and has a record of complaints may be liable for the therapist’s conduct. Businesses and organizations need to take seriously reports of sexual assaults or unwanted touching by employees or people representing the organization. Some businesses and organizations fail to respond appropriately. They disregard the complaints or try to make a problem go away by simply transferring a problem employee to another business location.

If the leaders of a school, church, or other organization fail to respond to complaints about inappropriate sexual conduct by a teacher, coach, youth group leader, or other individual, the organization may be held legally responsible for failing to take steps to prevent sexual abuse or assault.

Sexual assault civil cases are complicated cases to pursue. A lawsuit may involve multiple insurance companies representing different defendants. You will need the help of an experienced and determined Colorado personal injury lawyer who will do a thorough investigation, identify all the potentially liable parties, and build a strong case for compensation.

What Does the Victim Have to Prove to Hold the Assailant’s Employer Accountable?

An employer may be held responsible if negligent security of the property or negligent employment of the perpetrator led to the sexual assault. As part of a personal injury sexual assault lawsuit alleging negligence by a business or organization, the plaintiff must show:

  • The business had a legal responsibility to take reasonable steps to keep customers and guests safe from injury;
  • The business failed to fulfill its legal responsibility;
  • By its failure to uphold its legal duty, the business caused or contributed to the injuries suffered by the sexual assault victim;
  • The victim suffered actual harm.

A knowledgeable personal injury lawyer at The Wilhite Law Firm will be able to analyze the situation, discuss your legal options, and help you determine the appropriate steps to take.

What Kinds of Compensation Can Be Obtained Through a Sexual Assault Civil Lawsuit?

A victim of sexual assault may pursue financial compensation by filing a personal injury lawsuit against the perpetrator and other liable parties. The types of compensation that may be sought include compensation for:

  • Present and future medical care related to the assault
  • Lost income from missed work
  • Physical pain and suffering
  • Emotional distress, including shock, humiliation, grief, and anxiety
  • Loss of quality of life
  • Punitive damages intended to punish the wrongdoer for malicious and wrongful conduct

Medical bills and lost income are also referred to as economic damages, while pain and emotional distress are known as non-economic damages. Punitive damages are limited to a sum equal to the total amount of economic and non-economic damages.

Our attorneys will gather your medical bills and consult with your doctor to estimate expected future medical treatment and counseling expenses as part of your recovery and will seek full compensation!

Insurance companies representing the defendants typically try to resolve these cases before a trial. Insurers do not want these cases to go before a jury. They are aware that sexual assaults and wanton acts of a sexual nature shock the conscience of the community and often prompt a jury to award significant damages.

If the case goes to court, you want an attorney who is a seasoned trial lawyer who can build a strong case, help you prepare, and present the evidence persuasively to a jury.

What Does It Cost to Hire a Lawyer to Handle My Sexual Assault Lawsuit?

At The Wilhite Law Firm, we are committed to the belief that victims of sexual assault should not have to pay out of pocket to seek justice for the harm they have suffered. We offer free and confidential consultations to discuss your concerns and your legal options.

If we handle your sexual assault injury case, our attorneys handle your case on a contingent fee basis. We do not get paid a legal fee unless we obtain money for our client through a negotiated settlement or a court award. If we do prevail in the case, we receive an agreed-upon portion of the final settlement or award to cover our legal fee and expenses.

Our sexual assault injury legal team will take seriously the harm that you have suffered and do everything possible to hold accountable those who caused your injury. We want to help you reach closure and move forward in a positive direction. Contact us today to discuss your legal options.

Contact a Denver Sexual Assault Lawyer

If you have experienced sexual assault or abuse, you deserve the support of a compassionate attorney who can help you pursue justice and the compensation you need to move forward. Contact The Wilhite Law Firm today to discuss your situation in a free, confidential consultation. We will listen to your story and experience, review your legal rights and options, and work with you to determine your best path toward the justice you deserve.