Civil Sex Assault Claims

Damages Available in Civil Sex Assault Lawsuits

A civil sex assault lawsuit exists to compensate the survivor for the harm done. Unlike a criminal case, which is oriented toward punishment, a civil case results in a monetary judgment or settlement. Understanding the categories of damages available helps survivors weigh whether and how to bring a claim.

Economic damages

Economic damages compensate for measurable financial losses caused by the assault. These typically include:

Past and future medical expenses, including hospital, surgical, and diagnostic costs
Mental health treatment, including therapy, counseling, and psychiatric care
Lost wages and reduced earning capacity, particularly where the trauma has interfered with the survivor's ability to work
Out-of-pocket costs, such as transportation to medical appointments and prescription costs

Economic damages are documented through medical records, employment records, tax returns, and, in appropriate cases, expert testimony from vocational and economic experts.

Non-economic damages

Non-economic damages compensate for harms that do not have a straightforward dollar value. These are typically the largest category in a sex assault case and include:

Pain and suffering
Emotional distress
Loss of enjoyment of life
Humiliation and mental anguish
Loss of consortium in appropriate circumstances

Courts and juries evaluate non-economic damages based on the severity of the abuse, the duration of the harm, the impact on the survivor's daily life, and expert testimony from mental health professionals.

Punitive damages

Punitive damages are available where the defendant's conduct was intentional, malicious, or in reckless disregard of the survivor's rights. Because sexual assault is an intentional act, punitive damages are frequently available in these cases. They serve to punish the defendant and deter similar conduct.

Statutory damages and fees

Certain statutes provide for additional recovery beyond common-law damages. The federal Trafficking Victims Protection Act, for example, allows for attorneys' fees and costs, which can be significant in a complex case. The New York City Gender-Motivated Violence Protection Law similarly authorizes fees and costs for prevailing plaintiffs.

Proving damages

Damages in a sex assault case are proven through a combination of the survivor's own testimony, medical and mental health records, expert testimony, and, in some cases, testimony from family, friends, coworkers, or others who have observed the impact of the abuse over time. The strength of the damages case often depends heavily on documentation gathered in the months and years after the assault.

Confidentiality and settlements

Many civil sex assault cases resolve through confidential settlement. Settlement amounts and terms vary widely based on the strength of the liability case, the identity and resources of the defendants, and the extent of documented harm. A skilled attorney can help evaluate whether a settlement offer reasonably reflects the value of the case.

At John J. Zidziunas & Associates, LLC, we represent survivors of sexual assault in civil actions across New York and New Jersey. To discuss your case confidentially, call us at (212) 516-1868 or contact us here. We represent survivors on a contingency fee basis with free consultations.

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