Las Cruces Sexual Assault Lawyer

Sexual Assault Attorney in Las Cruces, NM

After a case of sexual assault, it can be hard for individuals to know what to do. In addition to filing criminal charges, there is the option to file a civil claim. For some people, a civil case is the only way to secure any level of justice. A Las Cruces sexual assault lawyer can navigate this claim to recover your damages, like the cost of medical treatment and counseling. This compensation can give you the space you need to recover and begin healing.

Sexual assault cases are some of the most personal and emotionally difficult cases to file. Getting legal representation can make one much easier to manage. It can also give you the separation from the case you need.

Compassionate Legal Care in a Sexual Assault Claim

There are many costs that result from these crimes, and you should not have to shoulder these financial and personal burdens alone. Unfortunately, it is often very difficult for victims of these offenses to file a claim without confronting the offender. When you work with an experienced attorney at Berenson & Associates, PC, we can handle your case with care and compassion. Our team can also work to minimize your involvement in the case.

For decades, our attorneys have supported individuals hurt by the negligence and criminal actions of others. Let us support you and advocate for the financial recovery you need to move forward with your life.

When filing a civil claim under a certain amount, the case will likely be filed with the Third Judicial District Court, which serves Doña Ana County. This court is located at 201 W. Picacho Avenue.

Sexual Assault Offenses and Options for Financial Recovery

Many people’s lives are affected by sexual assault offenses. In 2020, there were seven reported offenses of forcible rape in Doña Ana County, for a rate of 52.9 per 100,000 residents, according to the New Mexico Department of Public Safety’s summary of law enforcement agency information.

In 2018, New Mexico’s Indicator-Based Information System for Public Health reported a sexual violence rate of 75.4 per 100,000 people. The Federal Bureau of Investigation’s 2019 report, which may define offenses differently, reported 64 cases of rape in Las Cruces.

If you are a victim of a sexual assault offense, you can typically file criminal charges against the perpetrator. Unfortunately, Las Cruces’ sexual assault laws do not always provide justice through this method. Regardless of the outcome of a criminal case, you can also file a civil case. This claim can be against the perpetrator, but it could also be against a property owner or institution that failed to provide their legal duty of care and responsibility.

Although financial recovery cannot solve the immense harm done, the financial compensation can:

• Help you recover some closure.
• Provide financial support for therapy.
• Enact some form of sexual assault penalties.
• Give you some room to rest and recover.

Why Should I Hire a Sexual Assault Lawyer in Las Cruces?

By working with a sexual assault lawyer in Las Cruces, you not only give your claim a better chance of succeeding, but you also give yourself the support you deserve. These claims are rarely easy to navigate, both legally and emotionally. An attorney can provide a much-needed buffer between you and the case, allowing you to be aware of the case without needing your involvement.

An attorney investigates the offense and gathers the relevant evidence necessary to build a claim, including determining which parties can and should be held liable for the offense. They can also assess your financial and personal losses to determine the full cost of your damages. Your attorney can negotiate with the other party on your behalf to reach a fair settlement that covers your damages. If necessary, they can take the case to court.

Throughout the process, an attorney can provide support, and they can even connect you with support networks and professionals as needed.

FAQs About Las Cruces Sexual Assault

Q: What Is a Sexual Assault Civil Claim in New Mexico?

A: A sexual assault civil claim in New Mexico is a claim against an offender or negligent third party, holding them financially and legally responsible for the damages caused by a sexual assault. A civil claim is not the same as a criminal case. A victim of an assault can file both types of cases against an offender. Even if the perpetrator was not convicted in criminal court, they may still be held liable for damages in civil court.

Q: How Do You Win a Sexual Assault Civil Case?

A: The most effective way to win a sexual assault civil case is to hire a Las Cruces sexual assault lawyer. A lawyer can determine if you have the grounds for a claim against the perpetrator and/or a third party, such as an institution or property owner. A lawyer can also investigate the incident and gather evidence to create a stronger case. They can negotiate a settlement with the other party or take the case to trial if needed.

Q: What Is the Average Sexual Assault Settlement?

A: There is no average settlement for sexual assault civil cases, as every case is unique. The damages that you recover may include:

• Bills for medical treatment
• The impact of psychological and emotional trauma
• The cost of counseling or therapy
• Any other losses directly associated with the offense

While the value of your damages is a significant indicator of your settlement’s value, it is also affected by the strength of evidence, legal representation, and more.

Q: What Needs to Be Proven for a Sexual Assault Civil Case?

A: The proof for a sexual assault civil case will depend on the type of case and the party being held liable. Proof of the crime itself is needed to hold the perpetrator liable. Establishing a duty of care and their negligence in that duty is needed to hold an institution liable. Evidence such as medical documentation, police reports, and eyewitness testimony can be useful. Civil cases have a lower burden of proof compared to criminal cases.

Get Dedicated Legal Support for a Sexual Assault Claim in Las Cruces

Claims for sexual assault offenses must be handled with sensitivity and understanding, and the attorneys at Berenson & Associates, PC, know how to navigate this situation. We know it is not easy to consider filing any type of case against an assailant or the entities that allowed it to occur. Our firm can explain the process and how it may help you. You deserve the time and financial support you need to heal. Contact our firm today to learn how we can represent you.