Sexual Assault Lawyers: Your Questions Answered

Sexual assault is a traumatic, life-altering experience that no one should ever have to endure. But when it does happen, survivors deserve more than sympathy—they deserve justice. 

At Morgan & Morgan, we understand the pain, fear, and confusion that follow such a devastating event. That’s why our sexual assault lawyers are dedicated to helping survivors hold perpetrators and negligent institutions accountable.

Our attorneys have spent decades fighting For the People, not the powerful. And when it comes to sexual assault cases, we bring the full force of our legal team to bear so survivors can have a voice, regain control, and begin to heal.

And while no amount of money can undo trauma you may have suffered, we can fight for the compensation you deserve to help you move forward with your life.

Below, we will answer common questions related to assault to empower you with information. WHen you are ready to speak to someone, contact us anytime for a free, confidential case evaluation. Our legal team can hear your story, advise you on the next best steps to take action, and offer resources to help.

What Qualifies as Sexual Assault?

Sexual assault refers to any non-consensual sexual contact or behavior. It is a form of abuse and a serious crime. The term covers a wide range of conduct, including but not limited to:

• Rape or attempted rape
• Unwanted sexual touching
• Coerced or forced sexual acts
• Sexual contact with someone unable to consent (due to age, intoxication, disability, etc.)
• Groping
• Incest
• Sexual assault by a spouse or partner
• Sexual assault in institutional settings (workplaces, hospitals, schools, etc.)

In many cases, sexual assault survivors suffer not just physical trauma but profound emotional and psychological harm. PTSD, anxiety, depression, and trust issues are common long-term effects. That’s why seeking justice through a civil lawsuit can be a powerful step toward healing emotionally and financially.

Recent Sexual Assault Statistics: A Growing Concern That Needs Action

The numbers don’t lie—assault cases are frequently occurring every day. According to recent studies, every 68 seconds, an American is sexually assaulted, with over 433,000 cases of sexual assault or rape occuring annually among individuals aged 12 and older. And every 9 minutes, a child becomes a victim of sexual assault.

More than half of women (53%) and nearly one-third of men (29%) report experiencing sexual violence, but unfortunately, only 25 out of every 1,000 perpetrators will end up in prison, highlighting significant underreporting and challenges in the justice system.

Here are some other key facts to know:

• Individuals aged 12 to 34 are at the highest risk for sexual violence.
• Approximately 24.6% of undergraduate women and 6.8% of undergraduate men experience rape or sexual assault through physical force, violence, or incapacitation.
• Transgender individuals are over four times more likely than cisgender individuals to experience violent victimization, including sexual assault.
• Native Americans are twice as likely to experience rape or sexual assault compared to all other races.
• In Fiscal Year 2024, the Department of Defense received 8,195 reports of sexual assault, a slight decrease from the previous year.
• Victims of sexual assault are significantly more likely to experience PTSD, depression, and substance abuse disorders.
• The estimated lifetime cost for a victim of rape is $122,461, accounting for medical expenses, lost productivity, and criminal justice costs.

These statistics underscore the critical need for continued efforts in prevention, support for survivors, and systemic changes to address and reduce sexual violence.

If you or someone you know has been affected by sexual assault, Morgan & Morgan is available to provide support and assistance.

Criminal vs. Civil Cases: Understanding the Difference

When it comes to sexual assault, there are two types of legal cases that may be pursued: criminal and civil. These cases serve different purposes, have different outcomes, and are handled by different parts of the legal system.

A criminal case is brought by the government, typically by a local district attorney or prosecutor. In these cases, the goal is to hold the perpetrator accountable for breaking the law. If found guilty, the accused could face jail time, probation, or be required to register as a sex offender. The burden of proof is high in criminal cases. Prosecutors must prove “beyond a reasonable doubt” that the accused committed the crime.

A civil case, on the other hand, is brought by the survivor against the perpetrator, or possibly against a third party, such as an institution that failed to prevent the assault. The goal in a civil case is not to send someone to jail, but to recover compensation for the harm the survivor suffered. This can include medical expenses, therapy costs, lost wages, emotional distress, and more. The burden of proof in a civil case is lower than in a criminal case. The survivor’s legal team only needs to show that it is more likely than not that the assault occurred.

Both types of cases can be pursued at the same time or separately. Even if there isn’t a criminal conviction, a survivor may still have a strong civil case and be entitled to financial compensation.

Common Settings Where Sexual Assault Occurs

Sexual assault can happen anywhere. But some environments are more prone to abuse, often because of power imbalances, lack of oversight, or a culture of silence.

Our attorneys have experience handling cases in:

• Workplaces, especially those involving harassment or abuse by managers or coworkers
• College campuses, including fraternity houses, dorms, and off-campus events
• Hospitals or nursing homes where patients or residents are especially vulnerable
• Rideshare vehicles, including incidents involving Uber, Lyft, or taxis
• Hotels and resorts where security and employee conduct may be negligent
• Religious institutions where abuse may be hidden or ignored for years
• Daycares and schools where children may be too young to report abuse
• Jails and detention centers where inmates often lack access to help

No matter where the assault took place, our attorneys have the experience and resources to uncover the truth and pursue justice.

Who Can Be Held Liable in a Civil Sexual Assault Lawsuit?

Civil sexual assault lawsuits allow survivors to seek compensation from the person who assaulted them and from any third parties who enabled, ignored, or failed to prevent the abuse.

Potential defendants can include:

• The perpetrator
• Employers or supervisors who failed to act on complaints
• Schools or universities that ignored reports or failed to implement safety protocols
• Landlords or property owners who failed to provide adequate security
• Hotels or rideshare companies that did not properly vet employees or contractors
• Medical professionals who abused their authority
• Religious institutions that covered up abuse

By holding all responsible parties accountable, survivors can help prevent future abuse and send a powerful message that this kind of behavior will not be tolerated.

Sexual Assault in Apartment Complexes: How Victims Can Hold Property Owners Accountable

Sexual assaults that happen in or around apartment complexes can sometimes be linked to a property owner’s failure to provide a safe environment. In these situations, survivors may be able to file a premises liability lawsuit, a type of civil case that seeks compensation for injuries that occur due to unsafe property conditions.

Landlords and property managers have a legal responsibility to keep their properties reasonably secure. This includes things like maintaining proper lighting in hallways and parking lots, making sure locks on gates and doors work, installing security cameras, and screening employees or maintenance staff. If they ignore these duties and that negligence creates conditions that allow an assault to happen, they could be held legally responsible.

For example, if a landlord knew about a broken security gate but failed to fix it, and someone used that broken gate to enter the property and assault a resident, the landlord could be sued for negligence. Similarly, if a tenant reported suspicious activity and the management failed to act, they could also be liable.

Victims of sexual assault at apartment complexes may be entitled to compensation for things like medical bills, therapy costs, lost wages, and pain and suffering. At Morgan & Morgan, we work with survivors to investigate what went wrong and whether the property owner’s negligence contributed to their trauma. Our goal is to help clients find justice and financial relief—not just from the attacker, but from any party whose actions or inaction enabled the assault to happen.

What Compensation Can Survivors Recover?

In civil sexual assault cases, survivors can seek monetary compensation, also known as damages, for a range of losses:

Economic Damages

These include tangible financial losses such as:

• Medical bills (including future care)
• Lost wages and reduced earning capacity
• Therapy or counseling costs
• Property damage (for example, if personal items were destroyed during the assault)
  
   

Non-Economic Damages

These reflect the emotional and psychological toll:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• PTSD, depression, anxiety
• Reputational harm (in cases involving public exposure)
  
   

Punitive Damages

In cases where the perpetrator’s actions were especially egregious, the court may award punitive damages to punish the offender and deter similar conduct.

How to Prove a Sexual Assault Case

Proving a sexual assault case, whether in criminal court or through a civil lawsuit, can feel overwhelming, but it’s possible with the right evidence and legal support. The type of case you’re pursuing will affect what kind of proof is needed.

In a criminal case, the prosecutor must prove the assault happened beyond a reasonable doubt. This is a high standard and often involves:

• Physical evidence, such as DNA, clothing, or injuries documented by a medical provider.
• Witness statements, if anyone saw the incident or its aftermath.
• Police reports, especially those taken soon after the incident.
• Survivor testimony, which can be powerful, even on its own.

In a civil case, the standard is lower. Your legal team only needs to show that the assault more likely than not occurred. Evidence that may help includes:

• Medical records showing physical or psychological injuries.
• Texts, emails, or social media messages that show communication before or after the incident.
• Surveillance footage, if the location had cameras.
• Documentation of complaints made to employers, landlords, or schools (if applicable).
• A personal journal or written timeline, which can help establish what happened and when.

Morgan & Morgan’s legal team includes investigators, forensic experts, and trauma-informed professionals who know how to gather and present this evidence effectively, so you can focus on healing.

Even if there’s no physical evidence or the criminal case didn’t lead to a conviction, you may still have a strong civil case. At Morgan & Morgan, we work closely with survivors to gather the details, build a case, and fight for compensation because your voice matters, and justice is possible.

 

What Kind of Lawyer Do You Need for a Harassment Case?

If you’re experiencing harassment, whether it’s sexual, verbal, physical, or online, the type of lawyer you need will depend on the situation. In many cases, a civil attorney who handles employment law, personal injury, or civil rights can help you seek justice.

• Sexual harassment at work is typically handled by an employment lawyer. These attorneys focus on workplace discrimination and hostile work environments, and they can help you file a claim with the Equal Employment Opportunity Commission (EEOC) or sue your employer if necessary.
• Sexual harassment or assault outside the workplace, like in a housing complex, school, or public setting, might involve a personal injury lawyer or a civil rights lawyer. These attorneys can help you file a civil lawsuit for damages, especially if someone’s negligence or misconduct created unsafe conditions.
• If the harassment involves stalking, threats, or assault, there could also be a criminal case involved. In that scenario, the police and a public prosecutor handle the criminal side, while a civil attorney can help you seek financial compensation through a separate lawsuit.

At Morgan & Morgan, our attorneys are experienced in handling all types of harassment and assault cases. We work closely with survivors to determine the right legal path and fight for the justice and compensation they deserve.

Statute of Limitations: How Long Do You Have to File?

Every state has a statute of limitations, which is a legal deadline for filing a civil lawsuit. These vary by state and can depend on factors like:

• The age of the survivor
• When the abuse was discovered
• Whether DNA evidence exists
• Whether the survivor was under duress or threats
• Whether the defendant was part of an institution (like a school or church)

Some states have extended or removed the statute of limitations for certain sexual assault cases. And many have passed “lookback window” laws that temporarily allow survivors to file older claims.

Don’t assume it’s too late to file. Contact Morgan & Morgan today to learn about your rights and options before time runs out. An experienced attorney can help you file a claim correctly and on time.

What if You Were a Child When the Assault Happened?

Many survivors don’t report sexual abuse until years or even decades after it happens. This is especially true for children, who may not understand what happened or may feel too scared to speak up.

Fortunately, many states recognize this and allow extended timeframes for survivors who were minors at the time of the abuse.

Our attorneys have experience representing clients who suffered abuse in:

• Daycares
• Schools
• Religious organizations
• Youth camps or sports leagues
• Foster care or group homes

We handle these cases with care, discretion, and the utmost compassion. You are not alone — and you are not too late.

Why Do I Need to Hire a Sexual Assault Lawyer?

Filing a lawsuit after sexual assault can feel daunting. Survivors may be hesitant to come forward for fear of retaliation, disbelief, or re-traumatization. That’s why having a compassionate, experienced attorney can make all the difference in your case.

At Morgan & Morgan, we take your story seriously. Our team offers a safe space where you’ll be heard, believed, and supported every step of the way.

Our team collects police reports, medical records, surveillance footage, witness statements, and any other evidence that can strengthen your case.

And we don’t just go after the individual perpetrator, we dig deep to uncover systemic failures or institutional negligence that contributed to the assault.

Most importantly, we understand the sensitive nature of these cases and do everything in our power to maintain confidentiality and minimize exposure.

If you or a loved one has been the victim of sexual assault, you don’t have to suffer in silence. Morgan & Morgan is here to help you take back your power, hold wrongdoers accountable, and seek the justice you deserve.

Survivors may be entitled to damages for medical costs, lost income, emotional suffering, therapy expenses, and more. 

Experiencing such an event can be unimaginably difficult, but finding the right lawyer to help you shouldn’t be. Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation.