Civil & Criminal Penalties Possible For Alabama Sexual Misconduct
Sexual misconduct is taken extremely seriously in most jurisdictions, and most definitely in Alabama. Not all sexual misconduct rises to the level of rape, but regardless, victims suffer, and generally have the right to seek civil damages from the person who is found to have caused you such harm – even if they also face potential criminal penalties.
If this has happened to you, you need an attorney who can be both compassionate and diligent, who can shoulder the legal load so that you can focus on recovery. A Birmingham sexual misconduct attorney from Goldasich, Vick & Fulk can work with you to get you money damages, which can help you get back on your feet after such a cataclysmic event. We are ready to try and assist you.
Different Levels Of Offenses
While all sexual offenses are seen as serious, the law divides them into categories when it comes to prosecuting specific crimes. There are several different factors that can make a difference in each different case – for example, the presence or absence of a weapon, the age of the victim, and the presence or absence of a previous relationship like a marriage. Ability to consent is crucial – any kind of sexual act which involves a person who is unable to consent, such as a child or a mentally disabled person, is a crime, regardless of any other factor.
It is important that despite old-fashioned attitudes, Alabama law is clear about the fact that any previous relationship is not automatic consent to sexual activity. Just because two people are dating or married (currently or previously) does not give either party permission to engage in sexual activity with the other. If you can establish that a sexual act was perpetrated on you with your consent, that is all a state’s attorney needs to bring criminal charges.
Civil Court Is Different
If a person is convicted of sexual assault, it can help to give a victim some closure, though recovery may be a long process. Another thing that can help someone get their life back on track is to file a civil lawsuit against the person who allegedly assaulted them. Many people are not aware that such a thing is possible, and it may not be the right call in every case – but in many instances, it is possible and even recommended to do this. The Fifth Amendment to the U.S. Constitution prohibits double jeopardy, but this means being tried twice for the same crime – not being charged in both criminal and civil court.
Another fact to keep in mind about possibly filing a civil suit against your abuser is that the burden of proof is much lower in civil court. Florida, like every other state in the United States, observes the “innocent until proven guilty” standard in criminal court, meaning that there must be no reasonable doubt. In civil court, the burden of proof is a “preponderance of the evidence,” meaning that an injured plaintiff must establish that their version of events is ‘more likely than not’ to happen. This can make a difference in determining whether filing suit is appropriate or even possible.
Our Attorneys Can Help You
Experiencing sexual misconduct can leave a person fearful and stunned, unable to move past what happened and unable to get any closure. Our Birmingham sexual misconduct attorneys at Goldasich, Vick & Fulk can help you determine your options going forward, and help to answer any questions you may have about the process. You do not have to go through this alone. Call our office today at (205) 731-2566 to schedule a consultation.
