Rio Rancho Sexual Assault Lawyer

Sexual Assault Attorney in Rio Rancho, NM

Sexual assault can be one of the most traumatic experiences in someone’s life, changing their future for years. Many sexual assault cases do not even see true justice. If you or someone you love was a victim of sexual assault, filing a civil claim may be an option for securing financial recovery and support to move forward. A Rio Rancho sexual assault lawyer can represent individuals and families in these exceptionally difficult cases.

A civil claim can hold an offender accountable on some level, but it can also hold other negligent parties liable for their part in allowing this offense to occur.

Dedicated Sexual Assault Claim Attorneys

These cases are incredibly delicate and personal. For some people, it feels impossible to manage. A compassionate attorney who understands the importance and severity of these situations is crucial.

At Berenson & Associates, PC, we want to advocate for you and fight for what you are owed. We can hold the at-fault parties responsible and protect your rights throughout the civil process. Our sexual assault attorneys have decades of experience in these cases, and we can support you in finding closure and securing the financial compensation you are owed.

Civil cases under a certain value will likely be handled by the 13th Judicial District Court, which serves three counties, including Sandoval County. The Sandoval County District Court is located at 1500 Idalia Road in Building A in Bernalillo.

Sexual Assault Offenses in Rio Rancho

Sexual assault is often a criminal offense, and it includes rape and criminal sexual contact. There were 13 cases of forcible rape reported in Sandoval County, all of which were reported by the Rio Rancho Police Department. This was a rate of 5.2 offenses per 100,000 inhabitants for the whole county.

Data gathered by the New Mexico Indicator-Based Information System for Public Health in 2018 reported a sexual violence rate of 40.6 per 100,000 people in Sandoval County. Based on the Federal Bureau of Investigation Uniform Crime Report, which can define rape offenses differently, there were 32 reported cases of rape that year. These crimes are incredibly serious, and they can leave lasting effects on those harmed for the rest of their lives.

Criminal charges can be pressed against an offender, but you can also file a civil claim against them, holding them and, potentially, other parties accountable for the harm done to you. Therefore, there may be both criminal and civil sexual assault penalties against the offender and other liable parties in Rio Rancho, New Mexico.

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

When you file a claim for sexual assault, you can file against the perpetrator of the offense and, possibly, other parties as well. Different types of liability may apply to different situations. Liable parties could include:

The Offender

The person or people who committed the assault are the primary parties who can be held liable for the damages in the offense, including injuries and their costs. The offender could still be held liable in civil court, even if they were not convicted of the criminal offense. You could hold them legally liable if you prove that their breach of duty of care (in this case, a criminal or intentional act of harm) caused your damages.

A Property Owner

In some cases, a property owner is liable for crimes committed on their premises, including sexual assault. For example, a property owner knew there was a foreseeable danger of assault or another criminal offense occurring. If they failed to take reasonable security measures to prevent it, they may be held liable.

An Institution

Certain entities and institutions may be liable if:

1. The sexual assault was committed by an employee or another person associated with the entity.
2. The entity failed to take reasonable measures to prevent such an offense.

They may have failed to complete a background check on staff, volunteers, or others in positions of power. The entity might have failed to establish protocols and safety measures to limit the chances of assault. Such an entity could include a school, a place of business, a church, or another institution.

Why Hire a Sexual Assault Lawyer?

The support of a Rio Rancho sexual assault attorney is crucial in these cases. They can uncover acts of negligence and wrongdoing. Your attorney can also use their knowledge of Rio Rancho sexual assault laws to see what information is needed to back your case.

FAQs About Rio Rancho Sexual Assault

Q: What Kind of Lawyer Do You Get for Sexual Assault Civil Cases?

A: When filing a sexual assault civil case, you need a sexual assault lawyer who works specifically in crime victim defense and civil personal injury cases in Rio Rancho. When you hire a Rio Rancho sexual assault lawyer, they can represent you in settlement negotiations and in court. They can file legal paperwork, gather evidence of the offense, and determine if third parties can be held responsible for negligence. They can also minimize your involvement in the case if needed.

Q: When Can You File a Sexual Assault Civil Case in New Mexico?

A: You could file a sexual assault civil case in New Mexico when you have sustained damages because of a sexual assault. These damages could include medical bills, therapy costs, post-traumatic stress disorder, and more. The perpetrator could be held responsible in civil court, no matter if the criminal process is successful. A sexual assault civil case could also be filed against an institution for its negligence in preventing the assault. An attorney can determine if you have a viable case.

Q: How Long Does a Sexual Assault Claim Take?

A: The time it takes to resolve a sexual assault civil claim will vary significantly, as each case is unique. A case may be resolved more quickly if there is substantial evidence against the at-fault party, which might make them more willing to settle. If you suffered serious injuries, it can be in your interests to wait to settle until you know the long-term consequences of the injuries. A Rio Rancho attorney could determine how long your case is likely to take.

Q: What Proof Is Required for Sexual Assault?

A: The proof that is required to file a civil claim for sexual assault will depend on the circumstances. Civil cases have a lower burden of proof than criminal cases. You must prove that:

1. A person or entity owed you a duty of care.
2. They breached that duty of care because of negligence or a criminal act.
3. This led to your injury and harm.

Evidence could include physical proof, medical documentation, and eyewitness testimony.

Reach Out to Berenson & Associates, PC, Today

An experienced Rio Rancho attorney at our firm can navigate a civil claim. Our team can explain the ways it can help you heal and move forward. Contact our firm today.