Explaining Alabama Sex Crimes
Sex crimes are some of the cruelest that one can perpetrate on another human being. In most cases, the victim is able to remember what they have been through, and the psychological effects can be long-lasting, irrespective of any physical injuries they may sustain. That said, it can sometimes be difficult to establish that a crime has actually occurred.
If you have been the victim of a sex crime in Alabama, you need the right attorney to help you get the justice you deserve. Our Birmingham sexual misconduct attorneys from Goldasich, Vick & Fulk will protect your rights and ensure that you get your day in court. We are ready and willing to try and assist you.
Prosecuted Aggressively
Alabama law differentiates several sex-based offenses, from sexual abuse to statutory rape. Each involves a lack of consent (or, in the case of statutory rape, the inability to give consent as a matter of law) and varying degrees of force, though immediate physical force is not necessary to prove a sex crime has occurred – particularly in this age where so many sex-based offenses involve the internet.
Even if a sex-based crime can be charged as a misdemeanor, it is common for Alabama prosecutors to seek the strongest possible penalty for those convicted, including requiring registration as a sex offender. While this can make life difficult for defendants who have been convicted of this type of crime, it is seen as an appropriate punishment given the degree of harm done to most victims of sexual misconduct.
Potential Civil & Criminal Penalties
Victims of sex crimes react in countless different ways after the fact, but a significant percentage are intent on seeking justice for what they have been through. What many do not realize is that in addition to assisting the state in trying an alleged sex offender criminally, they also have the option of filing suit against the person in civil court. Many believe that the Fifth Amendment to the U.S. Constitution, which prohibits double jeopardy, would prevent this, but it does not – a civil and a criminal trial are two different proceedings.
In a civil case, an injured plaintiff seeks monetary compensation for the damages, both tangible and intangible, that they have suffered as a result of the offense. For example, a plaintiff might sue their alleged abuser in court for damages like lost wages, medical expenses, or for pain and suffering. With the evidence from a criminal trial, establishing a civil claim against an alleged sexual abuser (which requires a much lower burden of proof) can be a good way to get some closure.
Let Us Help You
If you have been the victim of a sex crime, you need a knowledgeable Birmingham sexual misconduct attorney to help guide you through the legal process; you should not have to go through it alone. The firm of Goldasich, Vick & Fulk has handled these cases before, and will work hard on yours. Call our office today to schedule a consultation.
Source:
judicial.alabama.gov/docs/library/docs/13A-6-62(a)(1).pdf