Phoenix Sexual Assault Victims Lawyer

Being sexually abused or sexually assaulted affects a person’s sense of safety, well-being, and identity in ways only someone who has suffered through it can understand. The physical wounds and mental struggles can be a crushing combination that no one is equipped to deal with alone.

Sexual assault lawyers at Kelly Law Team understand that survivors sometimes hesitate to come forward because of feelings of shame, isolation and fear they won’t be believed. Perpetrators of sexual assault and sexual abuse often rely on silence.

Kelly Law Team stands by survivors of sex abuse and assault, and we help them in their pursuit of accountability and justice.

What Constitutes Sexual Assault or Sexual Abuse?

Both Sexual Assault and Sexual Abuse are covered by Arizona Revised Statutes (A.R.S.).

• R.S. – 13.1406 defines Sexual Assault as: intentionally or knowingly engaging in sexual intercourse or oral sexual contact with another person without consent. Cases involving rape and forcible sexual assault would normally be prosecuted under this section.
• R.S.- 13.1404 defines Sexual Abuse as: Sexual abuse is a separate offense and involves sexual contact without consent or sexual contact with a minor. Molestation cases of touching personal areas like genitals, anus, or breasts would normally be prosecuted under this section.

Understanding “Consent”

An understanding of the word “consent” is a key factor in sexual assault and sexual abuse.  Consent is when a person gives permission for sexual activity to occur. The Phoenix Police Department explains the following on its website:

For sexual intercourse or sexual contact to be consensual, everyone involved needs to be in agreeance with what they are doing. Sexual activity may begin as consensual, however, permission can be withdrawn.

Also, it is important to note that in Arizona the minimum age to give consent is 18 years old.

How Common is Sexual Violence?

A Center for Disease Control (CDC) monitoring program indicates that millions of Americans are affected by sexual violence, stalking and intimate partner violence every year.

RAINN, the nation’s largest anti-sexual violence organization and operator of the National Sexual Assault Hotline, states that “Every minute, someone in the U.S. is sexually assaulted. Every nine minutes, that someone is a child.”

The Arizona Department of Health Services (ADHS) reports that Arizona exceeds the national average for sexual violence victimization.

ADHS statistics show that: 43.3% of Arizona women report experiencing some form of contact sexual violence during their lifetime. About 19% of men report experiencing contact sexual violence during their lifetime.

How Do Arizona Courts Handle Sexual Assault and Sexual Abuse Cases?

The State of Arizona charges and prosecutes sex offenders in Superior Court since these cases are felonies. If found guilty, a sentence is imposed on the offender by the Court.

A Civil Case is filed against an offender on behalf of a survivor to seek financial compensation for damages. These cases are also heard in a Superior Court, but the rules governing them are different.

• The burden of proof for a criminal conviction is “beyond a reasonable doubt.”
• The burden of proof in a civil case is “a preponderance of the evidence.”
• An offender can face separate criminal charges, civil charges, or both.
• A Civil Claim can exist even without a Criminal Claim.

Who Can Be Held Responsible?

When an assault happens in Arizona, survivors sometimes do not realize that liability can be shared. In addition to an individual perpetrator, sometimes there is institutional negligence and failure to protect. They can also be named in civil lawsuits.

Among entities which can be named are Businesses, Employers, Churches, Daycare Facilities, Property Owners, Health Care Facilities, Government Entities, Schools, Youth Organizations, Sports Organizations, to name just a few.

In Arizona there have been numerous cases of alleged clergy sexual abuse cases in recent years, particularly involving the Archdiocese of Phoenix and the Archdiocese of Tucson.

Other prominent litigation has involved LDS Church leaders who allegedly learned of abuse and failed to report it.

What Should I Do if I’ve Been Sexually Assaulted?

If you or someone you know has been sexually assaulted or sexually abused, the most important things to do are get to a safe place and seek support. Of course, every situation is different. Survivors report immediately feeling shocked, fear, confusion, and embarrassment, even though it is not their fault.

• First, make sure you are in a safe place and seek support.
• Consider getting medical care as soon as you are able.
• If rape or forced sexual contact were involved, ask the medical provider about a forensic exam. Also known as a rape kit, this will help preserve evidence which could prove helpful.
• Reporting the crime to law enforcement is also an important step. Most agencies have officers specially trained in handling these cases with sensitivity. Reporting also may help protect you or others and will become important evidence later.
• Document injuries with photos and preserve any evidence such as clothing.
• Take care of yourself emotionally by talking to a counsellor.
• Consider reaching out to a personal injury lawyer with experience in sexual abuse and sexual assault cases. In addition to explaining your legal options, they should be able to help connect you with other resources as you move forward.

What are Some Online Resources?

Even reaching out for help can feel overwhelming for some survivors of sexual assault and sexual abuse. In Arizona, several good organizations and resources provide information, support, and guidance online.

• Arizona Coalition to End Sexual and Domestic Violence https://arizonasurvivors.org/support-for-survivors/connect-with-someone/
• The Southern Arizona Center Against Sexual Assault (SACASA) https://www.sacasa.org/

What Else Should I Know?

The Southern Arizona Center Against Sexual Assault (SACASA) lists one of the best quotes concerning sexual assault on its website:

“Trust yourself. You know what happened to you. You deserve to be heard.”

A Personal Injury Attorney with Experience in These Types of Cases Can Make Sure You Are Heard.

As a survivor of sexual assault or sexual abuse, you may already be coping with both emotional and physical injuries. While legal action can’t undo that harm, an experienced personal injury attorney can help protect your rights, explain your options, and help in the pursuit of justice.

Contact the Lawyers at Kelly Law Team

When you contact John Kelly and the attorneys at Kelly Law Team, we will listen with compassion and respect. We will explain your rights as a survivor of sexual assault or sexual abuse and handle the legal process as you move forward.

We are serious about aggressively representing our clients. We feel it is important to be accessible and communicate throughout the process. You are safe and welcome when you come into our office. After listening to your survivor’s story, we’ll offer our honest opinions and recommendations for the best path forward. However, we respectfully leave the final decisions on how to wish to proceed in your hands.

We couldn’t agree more with SACASA: “Trust Yourself. You know what happened to you. You deserve to be heard.”