FAQs About Sexual Assault Civil Claims

In Massachusetts, New Hampshire, and Maine, sexual assault civil claims are lawsuits that pursue compensation for the harm suffered by the victim. Generally, such lawsuits assert claims against the person who committed the assault, but they can also include claims against parties that negligently allowed the assault to occur, such as the owner of the property where the attack happened and the assailant’s employer. The damages recoverable in such cases can include medical expenses, including the cost of therapy, lost wages, and out-of-pocket expenses, as well as compensation for mental and emotional distress, suffering, and pain. Punitive damages may be recoverable in some cases as well.

While reporting a sexual assault to the police is encouraged, it’s not always a requirement for filing a civil lawsuit in Massachusetts, New Hampshire, or Maine. However, victims should consult with an attorney to understand their legal options and any potential implications of reporting or not reporting the assault.

The statute of limitations for filing a civil lawsuit for sexual assault differs by state. New Hampshire law provides an extended period of time for victims of sexual assault to pursue civil claims. In Massachusetts, the statute of limitations for pursuing civil claims arising out of sexual assault differs for adult and child victims. In Maine, what statute of limitations applies depends, in part, on the age of the victim when the assault occurred; people who were minors at the time of the attack have an extended time to seek damages from their assailant. It is important for anyone considering pursuing such claims to contact an attorney as soon as possible to protect their rights to pursue claims.

In New Hampshire, Massachusetts, and Maine, a plaintiff can pursue a civil lawsuit regardless of the criminal case’s outcome. The burden of proof is lower in civil cases, which means the victim may be able to successfully establish the perpetrator’s liability despite the lack of a conviction. Specifically, establishing the prosecution’s burden of proof in a criminal case is to offer evidence that establishes the defendant’s guilt beyond a reasonable doubt, while in a civil case, the plaintiff only has to show the defendant’s fault by a preponderance of the evidence, which means it is more likely than not that the defendant is liable.

Massachusetts, New Hampshire, and Maine allow plaintiffs to proceed under a pseudonym or seal court records to protect their identities during legal proceedings under certain circumstances. The right to do so is not guaranteed, however.

The timeline for sexual assault civil lawsuits can vary depending on factors such as court backlog, settlement negotiations, and trial proceedings in Massachusetts, New Hampshire, and Maine. In many instances, though, the defendant will want to settle the case rather than risk proceeding to trial.