Louisville Sexual Abuse and Assault Lawyers
Experienced representation for survivors of sexual abuse in Kentucky
Sexual assault is a deeply traumatic experience that can have long-lasting physical, emotional, and psychological effects on survivors. Navigating the aftermath of a sexual assault can feel overwhelming and filled with complexities. It’s during these times that an attorney can be a valuable ally, offering guidance, protection, and advocacy as you seek justice and compensation for the harm you’ve suffered.
At Wilt Injury Lawyers we represent survivors of sexual assault with compassion and tenacity. Let us help you hold the responsible party accountable for their actions, and work toward securing the financial compensation to which you’re entitled for your injuries and damages. We want to help, and proudly serve the Louisville area. Call us today.
How does the law classify sexual harms?
- What is sexual abuse?
- What is rape?
- What is sexual assault?
- What should I do if I have experienced a sexual assault?
- How long do I have to file a sexual assault claim in Kentucky?
- Why pursue my sexual assault claim?
- Who can be held liable for a sexual assault in Louisville?
- Do you have a sexual assault attorney near me?
What is sexual abuse?
Per Kentucky Statute 510.110, sexual abuse occurs when one person subjects another to sexual contact by forcible compulsion, with another person who is incapable of consent, or being in a position of authority or special trust.
What is rape?
Kentucky law defines rape as the act of engaging in sexual intercourse with another person by forcible compulsion or engaging in sexual intercourse with a person who is incapable of consent.
What is sexual assault?
Sexual assault refers to any unwanted sexual contact or activity that occurs without the explicit consent of all parties involved. It is a broad term that encompasses a range of behaviors, including:
- Non-consensual touching or fondling of intimate body parts
- Forced sexual intercourse (rape)
- Attempted rape
- Sexual coercion or manipulation
- Unwanted sexual advances or propositions
Survivor advocacy group RAINN notes that someone in the United States experiences a sexual assault every 68 seconds. They also report that “On average, there are 463,634 victims (age 12 or older) of rape and sexual assault each year in the United States.”
What should I do if I have experienced a sexual assault?
It's essential to prioritize your safety, well-being, and healing in the aftermath of such a traumatic event. Following are some steps you can consider taking if you have experienced a sexual assault.
- Ensure your safety: If you are in immediate danger or feel unsafe, try to remove yourself from the situation and find a safe place. If necessary, call emergency services or reach out to someone you trust for help.
- Seek medical attention: It's crucial to prioritize your physical well-being. Consider seeking medical care, even if you don't have visible injuries. A healthcare professional can provide necessary medical treatment, document any injuries or evidence, and offer support for any potential health concerns or STI prevention.
- Preserve evidence: If you feel comfortable doing so, try to preserve any physical evidence of the assault. Refrain from showering, changing clothes, or washing any items that might contain DNA and other evidence. It's best to consult with medical professionals or the police on how to collect and preserve evidence properly.
- Reach out for support: It's essential to connect with someone you trust, such as a friend, family member, or counselor. Sharing your experience with a supportive individual can provide emotional support and help you navigate your next steps.
- Consider contacting a helpline or support organization: There are numerous helplines, hotlines, and support organizations available for survivors of sexual assault. These resources can offer guidance, emotional support, and referrals to appropriate services. Research local organizations or helplines that specialize in supporting survivors of sexual assault in your country or region.
- Report the assault: Reporting the assault to law enforcement is a personal decision, and it's entirely up to you. If you decide to report, consider contacting your local police department or sexual assault unit. They can guide you through the reporting process, gather evidence, and initiate an investigation.
- Seek legal advice: Consulting with a sexual assault injury attorney can provide you with information on your rights, legal options, and possible avenues for seeking justice and compensation. They can guide you through the legal process and provide support tailored to your specific situation.
Remember, self-care is crucial during this time. Consider seeking counseling or therapy to address the emotional and psychological impact of the assault. Take things at your own pace and surround yourself with a support system that understands and respects your choices. It is important to prioritize your own health and wellbeing during this time, but claims for sexual harms do have timelines which must be followed.
How long do I have to file a sexual assault claim in Kentucky?
If you are an adult and you are sexually assaulted, you generally have one year from the date of your assault to file a lawsuit. This is because civil sexual assault claims are treated like other injury claims under KRS 413.140, which states “The following actions shall be commenced within one (1) year after the cause of action accrued:
- An action for an injury to the person of the plaintiff, or of her husband, his wife, child, ward, apprentice, or servant;
- An action against a physician, surgeon, dentist, or hospital licensed pursuant to KRS Chapter 216, for negligence or malpractice.”
However, if your sexual assault claim involves a medical professional/facility as listed above, “the cause of action shall be deemed to accrue at the time the injury is first discovered or in the exercise of reasonable care should have been discovered; provided that such action shall be commenced within five (5) years from the date on which the alleged negligent act or omission is said to have occurred.”
For survivors of childhood sexual abuse
If you are a survivor of childhood abuse, however, the statute of limitations is different. Under KRS 413.249, you can file a claim:
- Within ten (10) years of the commission of the act or the last of a series of acts by the same perpetrator;
- Within ten (10) years of the date the victim knew, or should have known, of the act;
- Within ten (10) years after the victim attains the age of eighteen (18) years; or
- Within ten (10) years of the conviction of a civil defendant for an offense included in the definition of childhood sexual assault or abuse.
There is a revival window of five years for any victim of childhood sexual abuse who was time-barred from bringing a claim before March 23, 2021.
However, there is a bill in Committee with the Kentucky General Assembly to amend Kentucky’s laws and abolish all statutes of limitations for victims of childhood sex abuse.
Why pursue my sexual assault claim?
Initiating a claim for a sexual assault is a personal decision of the survivor, and there are many motivations for seeking to pursue such a claim. There is no set value for this type of claim, as every person and every case is unique. Our Louisville attorneys tailor your claim to your specific needs and damages. However, in a sexual assault claim, the value of your claim typically includes both economic and non-economic damages.
- Economic damages: These are tangible financial losses resulting from the assault, such as medical expenses (including therapy or counseling costs), lost wages due to missed work, and any other out-of-pocket expenses related to the assault.
- Non-economic damages: These are more subjective and include your pain and suffering, emotional distress, loss of enjoyment of life, and other psychological or emotional harm caused by the assault. Valuing non-economic damages can be challenging, as they depend on individual circumstances and the impact of the assault on your life. However, rest assured that our legal team works for the maximum compensation allowed by law.
Who can be held liable for a sexual assault in Louisville?
If you are sexually abused or assaulted, you can hold the perpetrator liable for the injuries and harm you sustained. However, there are other parties who may also share responsibility for what happened to you. Our Louisville sexual abuse attorneys handle complex claims against third parties such as:
- Hospitals or medical facilities
- Physicians, nurses, specialists, and/or other medical professionals
- Schools and school districts
- Universities
- Religious organizations
- Youth groups and organizations
- Sports organizations
- Hotels, motels, and rentals
- Businesses and entertainment venues
- Foster parents
- Mandate reporters who fail to uphold their responsibilities
- Any other involved third parties
Do you have a sexual assault attorney near me?
Wilt Injury Lawyers has offices in Louisville and Lexington. If you or your loved one are too injured or ill to travel to us, we can arrange a phone or video conference. We also make hospital visits.
Talk to a compassionate Louisville sexual assault lawyer today
If you or someone you love experienced a sexual assault, the attorneys at Wilt Injury Lawyers want to help. We provide skilled representation to people across the state and will walk you through the process from beginning to end. We will let you know what to expect at every stage of the case, and advocate for you throughout. Please call our offices or fill out our contact form to schedule a meeting with a member of our legal team today. We maintain offices in Louisville and Lexington, and proudly serve clients throughout Kentucky.