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Sexual Assault Questions

Sexual assault is defined as an assault to another person in a sexual manner without consent. Usually, sexual assault is committed by one person while in some cases the act could involve multiple people. Rape, inappropriate touching, forced kissing; child sexual assault, and/or torture are all forms of sexual assault. Below are just a few of the more commonly asked question regarding sexual assault that have been answered by Experts.

I'm being sued for sexual assault by a former friend. I received a demand letter to pay the lawyer $90,000 for a "full and final release that I won't be civilly responsible to her for any future claims against me."

This appears to be a demand letter. This type of letter is filed by an attorney before filing suit against someone. Typically, this is done with the intention of settling out of court. The attorney obviously wants to avoid a time consuming court battle.

Many people in this situation choose this option to avoid a court battle which can also be very expensive. However, if you are innocent and have no intention of paying this amount, you should hire an attorney and have them draft a letter in response to the other attorney. The letter should include the following:
1. You are not guilty of this act;
2. You will not settle out of court;
3. If the attorney files the suit, you will cross-file with a claim of defamation and malicious prosecution/frivolous filing.

Generally, if you respond with a letter like this (from your attorney) the other attorney will hesitate to file the suit for the following reasons:

It is extremely hard to prove sexual assault or harassment; and
When filing a suit of this nature, the person takes a chance (there is no guarantee of a win) the plaintiff's attorney will probably want money up front and the plaintiff may not have the money.

It is possible that this whole mess will disappear in its own time. This is why it is important to hire an attorney to write and send the response letter.

I have been accused of sexual assault, however the accusations are false. Do I have a chance of winning this case if it goes to trial?

In many situations, this type of case can be won, but that will depend on the physical evidence that supports the allegations. The person who has accused you of sexual assault will have to testify on the stand and it's possible that your attorney will have you testify as well. The State relies on the evidence to prosecute and that evidence will have to be proven beyond a reasonable doubt. Your attorney will have to tear down the evidence and show that these allegations are false. It may be possible for your attorney to talk to the opposing side and have the charged dropped or at least filed as a lesser charge.

I had sex with a friend while we were drinking and thought it was consensual. The friend now says that she didn't consent. Is this sexual assault?

In order to find sexual assault, the law states that the individual wasn't aware of his/her actions or that the person was so impaired that they were unable to rationalize their actions. The impairment is usually caused by drugs, alcohol, or other intoxicant. You will have the chance to argue that you were unaware of the person's mental condition at the time and you thought they knew what was happening at the time.

The fact that the friend wanted sex at the time is very important. This is where you have to show that the person in fact wanted to have sex and she knew what she wanted and was able to determine right from wrong.

Sexual assault is a serious offense and one that can have devastating effects on the victim. On the other side of the coin, allegations of sexual assault can have negative effects on the person who is being accused of the act. If you are facing sexual assault charges or have been sexually assaulted, you should ask an Expert for professional assistance.

Ask a Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8690
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
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Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 8692
JD, BBA Over 25 years legal and business experience.
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Recent Sexual Assault Questions

  • I received a motion to dismiss a case in federal court by the

    I received a motion to dismiss a case in federal court by the New York City Police and the City of New York. They stated that the complaint does not cite actual laws or policies violated, and that NYC and NYC Police are the same entity and can't be sued separately, therefore compelling dismissal.. I have to write a response and I believe it would be prudent to attempt to modify the claim for the errors and to bolster it. Can I do this all at once or how should I go about it?
    1. Not enough of a complaint - citing laws or policies.
    2. City and the City Police cannot be sued separately.
    On the same note, given the 4 defendants a private party, the city, city police, and FBI can defendants be dismissed or entire parties?
  • my nephew was arrested a week ago and has not been provided

    my nephew was arrested a week ago and has not been provided an attorney, he has been unable to find employment and can not afford one. Does not the Miranda rights state that a attorney will be provided if you can not afford one. He was taken from his home and questioned for 9 hours. He does not understand documents since he had been diagnosed with lead poisoning when he was little. He has been to court twice and will go again on the 19th. He can only see his family for 10 minutes on Wednesday and Saturday and they can not bring him any clothes from home to keep him warm. He has to pay for everything he gets which puts a burden on the family. We were told by legal assistance that if we bonded him out that the county would find some way to keep the money. Is that legal? his bail is 100.000 and has been arrested for predatory criminal sexual assault by his Xwife. The police say they have been investigating this for years and was to have happened in 2005 or 2006. This case is in Bloomington,Illinois Mclean County. His ex has also accused her father of raping her when she was young and has been living with him since she walked out on nephew. What would be his best course of action?
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    I am a 50/50 partner in an LLC. My business partner and I no longer share the same vision and want to separate. We have summer and after school camps in many different OC cities and school districts. I have made an offer to my partner, that I will sign off on all cities and school districts, I will give her sole access to our email, insurance policy, all contacts and associations, with the exception of one city. She will not agree and will only accept me giving up all ownership with no compensation. She keeps harassing me via email, as I have had to block her phone number from my phone. It has gotten to the point where she is emailing me every five minutes threatening me to either give up my ownership or she will sue me. I have told her repeatedly to go ahead and contact an attorney, but she won't. She just keeps threatening me. I try not to respond, but then she sends repeated attempt emails and then accuses me of not communicating. What can I do to end this nightmare?

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