Nashville Sexual Assault Victim Attorney

When sexual assault happens, the following process involves complex legal realities. The district attorney may pursue criminal charges, but that’s only part of the picture. You have the right to seek civil remedies regardless of what happens in criminal court.

Civil lawsuits give you a direct path to hold responsible parties accountable. This means recovering compensation for medical bills, therapy, lost income, and other hardships resulting from the assault. In many cases, these claims extend beyond the individual who committed the assault to include negligent third parties.

Our Nashville attorneys understand the delicate nature of these charges and handle assault cases with the utmost professionalism and discretion. We respect your privacy throughout the process while building a solid case that addresses everything you’ve endured. Our firm has successfully handled complex cases involving institutional responsibility and multiple defendants, giving us the insight needed to build your case. Contact us today for a free consultation.

Recoverable Damages in Sexual Assault Cases

Civil claims covering sexual assault allow for financial recovery under Tennessee law. These damages address the immediate and long-term impacts of the incident.

Economic Damages

Economic damages cover specific financial losses:

• Medical expenses for physical injuries, including emergency care, follow-up treatment, and medication
• Mental health treatment costs for therapy, counseling, and psychiatric care
• Lost income from missed work during recovery or due to ongoing challenges
• Diminished earning capacity if long-term effects impact career advancement
• Costs of increased security measures at home or work
• Relocation expenses, if necessary, for safety or recovery
• Property damage that occurred during the incident

Non-Economic Damages

These compensate for less easily quantified but equally significant impacts:

• Physical pain and discomfort
• Emotional distress, including anxiety, depression, and PTSD symptoms
• Loss of enjoyment of life when normal activities become difficult
• Sleep disturbances and other quality of life impacts
• Damage to personal relationships
• Loss of consortium claims by spouses

Criminal vs. Civil Sexual Assault Charges

Criminal and civil cases take separate legal routes and often run on different timelines. Criminal charges are brought by the state prosecutor, while civil lawsuits are initiated by the person who experienced the assault. You can pursue a civil case whether criminal charges result in a conviction or not.

The burden of proof marks a crucial distinction between these case types. Criminal cases require proof “beyond a reasonable doubt”. Civil cases apply the “preponderance of evidence” regulation, which means showing it is more likely than not (at least 51%) that the defendant is responsible.

Civil lawsuits seek financial compensation for specific damages, and you and your attorney direct the legal strategy. This includes decisions about settlement negotiations, trial preparation, and which parties to name as defendants — often including third parties whose negligence contributed to the circumstances of the assault.

Third-Party Negligence in Sexual Assault Cases

Sexual assault civil claims often extend beyond the direct perpetrator to include third parties whose negligence created or contributed to unsafe conditions. This legal approach recognizes that property owners, businesses, institutions, and employers have responsibilities to implement reasonable safety measures to prevent foreseeable harm.

The foundation for third-party liability in sexual assault cases typically rests on premises liability, negligent security, or negligent hiring principles. These claims require demonstrating that the third party:

1. Had a duty to provide reasonable care
2. Breached that duty through action or inaction
3. The breach was a substantial factor in enabling the assault
4. Damages resulted from the incident

Common Examples of Third-Party Negligence

Several scenarios frequently appear in sexual assault civil litigation:

• Property owners may be liable when they fail to provide adequate lighting, functional locks, or proper security in areas with known safety concerns.
• Hotels and apartment complexes can face liability for insufficient security precautions in common areas, parking structures, or other vulnerable locations.
• Employers may be responsible when they hire staff without running background checks, especially for positions involving access to private spaces or vulnerable individuals.
• Educational institutions can be liable for ignoring prior complaints about an individual’s concerning behavior or failing to address known security weaknesses on campus.
• Healthcare facilities may face claims for inadequate supervision or failure to implement proper safety protocols to protect vulnerable patients.

The Importance of Foreseeability

A critical element in these cases is establishing foreseeability—showing that the third party knew or should have known about potential risks. Evidence might include prior similar incidents, crime statistics for the area, industry security standards, or internal reports about security concerns.

Filing a Sexual Assault Claim in Tennessee

Initial Consultation

The process begins with a confidential meeting with an attorney who works in sexual assault civil litigation. During this consultation, we review the basic facts of your situation, discuss potential legal options, and determine whether you have a viable claim under Tennessee law.

Investigation Phase

Before filing formal court documents, we run an investigation to build your case. This investigative work forms the foundation of your claim and helps determine which parties should be named as defendants.

Filing the Complaint

Once investigation confirms a viable claim, we draft and file a formal complaint in the right Tennessee court. This document outlines the basic facts, identifies the legal causes of action, names the defendants, and specifies the damages sought.  

Discovery 

After filing, both sides exchange information through a formal process called discovery. This includes:

• Interrogations
• Requests for documents
• Depositions (sworn testimony)
• Expert witness reports

Throughout discovery, we work to strengthen your case while managing your privacy concerns.

Settlement Negotiations

Most civil cases are decided through settlement rather than trial. Negotiations may occur:

• Before filing the complaint
• During the discovery phase
• At court-ordered mediation
• On the eve of trial

We handle all negotiations while keeping you informed of offers and providing advice on their adequacy.

Trial Proceedings

If a settlement isn’t possible, your case proceeds to trial, where we present evidence, examine witness testimony, and provide legal arguments before a judge or jury. Following deliberation, the court issues a verdict determining liability and damages.

Throughout each phase, we manage deadlines, procedural requirements, and strategic decisions while keeping you informed about your case’s progress.

Contact Us for a Free Consultation

If you’re considering a civil claim related to sexual assault, our Nashville sexual assault lawyers offer confidential consultations to discuss your legal options. During this initial meeting, we help you understand the potential merits of your case, explain Tennessee’s relevant laws, and outline possible paths forward.

Frequently Asked Questions

How can your law firm help a sexual assault victim?

Our sexual assault attorneys provide confidential legal representation for sexual assault survivors seeking to hold perpetrators accountable through civil lawsuits. These claims help victims recover compensation for medical expenses, lost wages, emotional trauma, and other damages.

Can survivors of campus sexual assault pursue legal action?

Survivors of campus sexual assault have specific legal protections. Universities have obligations under Title IX and other civil rights laws to address sexual misconduct. A Nashville sexual assault attorney can help with the reporting processes, university disciplinary procedures, and potential civil claims against perpetrators or institutions that failed to provide adequate safeguards. Our law firm serves students throughout Middle Tennessee who need to seek justice while continuing their education.

Do you deal with child sexual abuse cases?

Child sexual abuse cases require special sensitivity and legal approaches. The statute of limitations is often extended for these cases, recognizing that many survivors don’t process their trauma until adulthood. Civil claims may target not only direct perpetrators but also institutions or individuals who enabled or failed to prevent the abuse. Our attorneys collaborate with child psychologists and specialized counselors to ensure the legal process doesn’t cause additional psychological trauma while fighting for compensation.

Can a claim be filed in cases of domestic violence involving sexual abuse?

Cases involving both sexual assault and domestic violence present unique challenges that require strategic legal maneuvers. Our attorneys know the dynamics of personal relationships where abuse takes place and the safety concerns that must be addressed first. We help survivors obtain protective orders while building civil claims. We also connect clients with resources for immediate safety planning and trauma-informed counseling while fighting for their legal interests.

What’s the difference between sexual assault criminal and civil cases in Tennessee?

Under Tennessee law, sexual assault cases can proceed through the criminal and civil systems. The criminal case seeks to punish perpetrators with jail time. A civil lawsuit allows the victim to seek compensation directly from those responsible. The burden of proof is lower in civil court, making it possible to hold perpetrators accountable even when criminal charges don’t result in a conviction.

What resources are available for sexual assault survivors in Tennessee?

Tennessee provides crisis centers, counseling services, and victim advocacy programs. The Incest National Network (RAINN) provides a nationwide hotline and local referrals. Our law firm maintains relationships with these support services throughout Nashville and beyond to ensure that clients receive comprehensive care. We believe that proper support is essential to both recovery and achieving the best possible outcome in legal proceedings.

Do you handle cases involving human trafficking and sexual exploitation?

Human trafficking cases often involve coordination with federal authorities who work to protect survivors while lawyers go over civil proceedings. Our personal injury attorneys pursue claims against all responsible parties, which may include traffickers, businesses that facilitated exploitation, or property owners who knowingly allowed such activities. We understand the severe trauma experienced by trafficking survivors and approach these cases with appropriate sensitivity and determination.

What should I do after experiencing sexual assault?

After ensuring your safety, consider seeking medical attention even if you don’t have visible physical injuries. Healthcare providers can offer essential care and properly document evidence. If you feel comfortable, report the incident to the police. Document everything you remember about the assault. When ready, contact a Nashville sexual assault victim attorney for a confidential consultation to discuss your options. Remember, your immediate focus should be on your well-being—legal action can be considered when you’re ready.