In Wisconsin, survivors of sexual assault have the right to bring civil lawsuits against their perpetrators to seek monetary damages and hold them accountable, separate from any criminal proceedings. Wisconsin law provides several specific causes of action related to sexual assault. The term sexual assault can encompass a wide range of behaviors that range from non-consensual sexual touching to forced sexual contact and rape. When you or a loved one has suffered a sexual or physical assault, you can turn to us for strong, compassionate help. At Jacobs Injury Law, we provide discreet, supportive help for people, who have been assaulted, who are looking for justice.
Causes of Action for Sexual Assault Civil Suits
The unfortunate reality is that criminal prosecution for sexual abuse is not as frequent or successful as it should be. In Wisconsin, there are two main types of civil lawsuits that survivors of sexual assault can pursue: personal injury and intentional tort.
Personal injury lawsuits are based on the idea that the defendant’s (the attacker) actions caused physical and/or emotional harm to the plaintiff (the survivor). In a sexual assault case, the plaintiff would need to prove that the assault occurred and that it caused them harm. Damages in a personal injury case may include medical expenses, lost wages, pain and suffering, and emotional distress.
Another potential claim is intentional infliction of emotional distress (IIED). For an IIED claim, the perpetrator’s conduct must be extreme, outrageous and intentional or reckless, and cause severe emotional distress to the victim. Sexual assault inherently involves outrageous conduct and severe distress, so IIED is commonly alleged in these cases.
If the perpetrator made false statements about the victim related to the assault, they could also face a defamation claim. Finally, if the assault happened in the context of a professional relationship, such as with a therapist or clergy member, there may be a claim for professional malpractice or breach of fiduciary duty.
Intentional tort lawsuits, on the other hand, are based on the idea that the defendant (the attacker) intentionally harmed the plaintiff (the survivor). Sexual assault is considered an intentional tort because the assailant intended to commit the harmful act. In an intentional tort case, the plaintiff may be able to recover damages even if they did not suffer lasting physical injuries.
Extended Statute of Limitations
Recognizing that many survivors of sexual assault are not ready to come forward right away, Wisconsin law provides an extended statute of limitations for bringing civil actions related to sexual assault under certain circumstances. Otherwise, the statute of limitations is either 3 years from the time of the assault or 3 years from the time the victim discovers an injury from the assault (such as a sexually transmitted infection), whichever is later. This “discovery rule” helps protect victims who may not immediately realize the full extent of their injuries.
If the victim was a child at the time of the assault, the time to file may be extended for an additional period and may vary depending upon the circumstances.
The extended statute of limitations applies to the perpetrator as well as any other responsible party, such as an employer or institution that was negligent in allowing the assault to occur. However, if the other responsible party is a government entity, the regular notice of claim requirements and the applicable statute of limitations would still apply to the claim against that entity. It is always best to consult with an attorney in order to determine which statute of limitations applies in your specific case.
Damages Available
In a civil sexual assault lawsuit, plaintiffs can seek compensatory damages for the economic and non-economic injuries they suffered. Economic damages may include medical expenses, lost wages, and therapy costs. Non-economic damages compensate for intangible injuries like pain and suffering, emotional distress, and loss of enjoyment of life activities. One challenge with damages in sexual assault cases is quantifying the immense emotional and psychological toll these traumatic events can take on survivors. Plaintiffs need to present evidence demonstrating the profound impact of the assault on their mental health, relationships, and overall well-being. Experts like psychologists and therapists can help establish the severity of these injuries.
Insurance Coverage Issues
A common question in civil sexual assault cases is whether insurance will cover the perpetrator’s liability. Most insurance policies have an “intentional acts” exclusion that precludes coverage for deliberate wrongful acts like sexual assault. However, the perpetrator’s homeowners, renters, or auto insurance policy may provide coverage if the assault can be characterized as merely negligent rather than intentional.
Advantages of Civil Lawsuits
There are several advantages to pursuing a civil lawsuit for sexual assault in Wisconsin. One of the main advantages is that the burden of proof is lower in a civil case than in a criminal case. In a criminal case, the prosecution must prove the defendant’s guilt beyond a reasonable doubt. In a civil case, the burden of proof is lower, by a preponderance of the evidence, which means that it is more likely than not that the defendant committed the assault (51% likely).
Another advantage of a civil lawsuit is that the plaintiff has more control over the process. In a criminal case, the decision to press charges is up to the prosecutor, and the survivor may have limited input. In a civil case, the survivor is the one bringing the lawsuit and has more control over the direction of the case.
Finally, a civil lawsuit can provide a sense of justice and empowerment for survivors. Even if the assailant is not criminally prosecuted, a civil judgment in favor of the survivor can validate the case and hold the assailant accountable.
Challenges of Civil Lawsuits
Wisconsin law provides meaningful civil remedies for survivors of sexual assault while recognizing the unique challenges of these cases. The extended statute of limitations, plaintiff anonymity provisions, and availability of meaningful damages all help facilitate access to civil justice for sexual assault victims. While no amount of money can undo the trauma of sexual assault, civil lawsuits offer one avenue for survivors to hold perpetrators accountable and secure some measure of compensation for the harm they suffered.
How We Can Help
With over 20 years of legal experience, and having been named one of Wisconsin’s top 50 attorneys, personal injury lawyer Ann Jacobs of Jacobs Injury Law brings a unique set of skills and insight to sensitive cases like these. She has handled sexual and physical assault cases with great sensitivity and resolve.
If you’d like to discuss how we may be able to help you with your sexual or physical assault issue, please contact us. We look forward to hearing from you.
