Going to school, no matter your age, should never feel dangerous. Campus sexual assault is a real concern throughout the country, however, causing physical and emotional harm to people of all genders and races. 

Aggravated sexual abuse is a crime that can be punished harshly, but not all of these cases are brought forward for prosecution. Seeing your attacker walking away unscathed can be re-traumatizing. 

There is another way of holding them responsible for the harm they have caused, however, and that is by filing a lawsuit. Learn more about your options after experiencing sexual assault on campus and what your next steps should be after this horrific experience. 

Understanding Sexual Assault on Campus

Campus sexual assault statistics are frightening. According to the National Sexual Violence Research Center, one in five women and one in 16 men are sexually assaulted in college. The majority of these cases are never addressed in any way. 

Some victims may choose not to report the incident, but even among those who do, there can be a stunning lack of action on the part of school administrators and the police force. This leaves you feeling helpless and unsure of what your options are. 

Sexual assault on campus refers to any unwanted sexual activity that occurs on a college or university campus. The behavior occurs without the other party’s consent. Sexual consent must be freely given, informed, and ongoing. 

You must not be pressured into giving your consent, should be capable of giving it (not be intoxicated), and must be able to rescind it at any time you wish. Any deviation from these key factors can be considered sexual assault. 

What Is the Red Zone?

There has been an increased focus on campus sexual assault prevention. This has helped in identifying the Red Zone, which refers to the start of the school year, when more social activities take place and assaults increase. Despite this focus, however, sexual assaults continue to happen on campuses across the country. 

The Challenges of Title IX and Criminal Cases

Victims of campus sexual assault have the option to file a Title IX claim. This is a federal law that requires colleges and universities to have systems, policies, and procedures in place to help prevent sexual assault. The law also imposes a duty on the schools to act if sexual assault does occur on their campuses.

If a school fails to act appropriately after learning of a sexual assault, it can be held liable in a civil case for the losses and harm the victim suffered. All too often, however, Title IX claims fail the victims. This could occur for many reasons, including failing to report the assault to the right person at the school. If you don’t tell the appropriate person, the school can claim they didn’t know of the assault and not take any action. 

There are challenges to criminal cases, too. For one thing, it is up to the state to bring charges against the perpetrator. That doesn’t always happen. 

Many victims also struggle to come forward right after the sexual assault, which means any available evidence will be degraded. Criminal cases have a very high standard of proof, so the evidence must demonstrate that the assault occurred as the victim claims beyond a reasonable doubt. That’s not always possible with sexual assault unless there were witnesses.

Filing a Civil Lawsuit After Campus Sexual Assault

If the avenues you have pursued to hold the perpetrator and complicit parties responsible have failed, there’s another option — beginning a civil lawsuit. You may have heard about these types of claims, especially regarding personal injuries that occur because of negligence, like car accidents. You can also file for wrongful conduct, however. 

A civil case is not a criminal one. The perpetrator will not go to jail or face legal consequences like being registered as a sex offender. Instead, a lawsuit assists you in recovering the losses you sustained.

Campus sexual assault compensation can include coverage of all medical bills related to the assault, as well as the cost of therapy sessions necessary to help you heal psychologically from the attack. If you have developed depression, anxiety, or post-traumatic stress disorder, you can receive compensation for the way these conditions impact your quality of life. You may have dropped out of school, which is a loss that can be taken into consideration, too. 

The Statute of Limitations for Campus Sexual Assault

Every state has different statutes of limitation for these kinds of cases. These can range from one to 10 years. For most types of sexual assault, the statute of limitations will begin running at the moment the attack occurs. 

In some instances, however, the victim may not know that they were assaulted because they were drugged. If that occurs, the statute of limitations would start when the victim realizes they were harmed. 

It’s essential to act quickly in these cases because missing the deadline means no longer being able to file for losses. As difficult as it is to speak about the attack when all you would like to do is forget it happened, getting representation as quickly as possible makes a significant difference to your lawsuit. 

Who Can You Hold Liable?

The attacker will be the focus of the lawsuit. You will need to demonstrate that they attacked you and caused you to suffer losses. 

The college or university can be responsible for the assault as well. To file against them, you have three main avenues: Title IX violations, breach of contract, and negligence. If the school didn’t take appropriate action after learning of the sexual assault, the claim can involve Title IX violations. 

It’s also possible to hold them liable for a breach of contract. When you register to attend a college or university, you typically enter into an agreement wherein the school must live up to its obligations, which include ensuring student safety. If someone attacked you on campus, the school broke its side of the contract.

How to Prove Your School Is Liable for Sexual Assault

In the majority of instances, negligence-based claims are the type of case you would bring for sexual assault cases involving a school. The first thing you’ll need to establish is that the school owed you a duty of care. The institution had the responsibility to do everything possible to protect its students.

You then have to show that the school breached that duty of care in some way. If they knew that the attacker had harmed another person and did nothing about it, for example, that would be seen as a failure of the institution to live up to its obligations. 

You’ll then need to demonstrate a direct link between the institution’s conduct and your assault. For example, by not taking action against the attacker if they knew of their previous assaults, either by removing them from campus or reporting them to the police, the institution made it possible for you to suffer harm. Finally, you’ll have to establish that you sustained losses, which can refer to physical, psychological, or financial injuries. 

Steps to Take After a Campus Sexual Assault

If you have suffered a sexual attack on campus, taking some vital steps gives you the best chance of succeeding in any legal actions you pursue.

Get to Safety

As soon as you can, find a safe place. This could be a friend’s dorm, a campus office, or anywhere else where you feel that you can’t be attacked again.

Seek Support

As difficult as it is to speak about a traumatic experience, you should not attempt to go through this process on your own. Tell a close friend, teacher, parent, sibling, or anyone else with whom you can speak comfortably. 

The school will likely also have professionals on campus, like counselors, who can help you navigate the first few hours or days after the attack. 

Focus on Preserving Evidence

The first instinct you will likely have is to shower. Don’t do so until after you get medical care. There is vital evidence on your body and clothes that you need to preserve. 

If you absolutely must change your clothes, place the ones you were wearing during the attack in a paper bag. If the assault occurred in your dorm room, don’t clean the area or disturb it in any way. The police will need to see it. 

Get Prompt Medical Care

Getting medical care does not equal reporting the attack to authorities, so don’t hesitate to get help. Let the healthcare provider know about the attack so that they can conduct specific examinations, including a rape kit, that preserve all evidence. Aside from ensuring there’s as much evidence as possible, getting medical care helps to protect you from sexually transmitted diseases and pregnancy. 

Report the Attack

If you can, report the attack to the police as quickly as possible. You can let campus or local police know. You should also let the school know.

Trusting Compassionate Attorneys 

Living through sexual assault on campus can be devastating. At Edwards Henderson, our team of attorneys understands the brutality involved in these assaults and how they can impact you physically and mentally. We are here to provide the dependable and ongoing support you deserve as you begin a case against your attacker. 

Schedule a free and confidential consultation with one of our lawyers.