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South Carolina Sexual Abuse Attorney
Compassionate Advocacy for South Carolina Sexual Abuse Victims
If you have suffered any form of sexual abuse, you should understand that you have a right to hold the perpetrator accountable. In addition to criminal proceedings, you can bring a civil lawsuit against any responsible party and seek compensation for the harm you have endured. While no amount of money can erase the trauma inflicted, a successful civil lawsuit can offer financial relief and a sense of justice served.
At Lanier Law Group, P.A., we have been advocating for sexual abuse victims since 1997. Our South Carolina sexual abuse lawyer brings compassion, understanding, and a wealth of experience to each case. Our team is made up of legal professionals who are dedicated to fighting for victims’ rights and fiercely committed to pursuing justice. Understanding the delicate nature of these situations, we offer a confidential and supportive environment, providing the empathy and respect you deserve throughout each stage of the legal process.
To get started, call 919-342-1368 today.
What Is Considered Sexual Abuse in South Carolina?
In South Carolina, various forms of sexual abuse are recognized under the law, each carrying its own distinct definitions. Perpetrators can face criminal prosecution and penalties. Victims can also pursue civil legal action against perpetrators and obtain compensation for damages.
Our South Carolina sexual abuse attorney is prepared to help you explore your legal options if you were subject to any kind of sex-related offense, including:
- Rape. Rape is defined as sexual intercourse carried out forcibly or under threat against the will of the victim. The law distinguishes between first-degree and second-degree rape, with the former being more severely punishable due to factors such as the use of a deadly weapon, kidnapping, or causing severe physical harm.
- Statutory rape. This constitutes engaging in sexual activity with a person who is below the age of consent, regardless of whether the act was consensual or not. In South Carolina, the age of consent is 16.
- Sexual assault. This term refers to any sexual act perpetrated without the consent of the victim. It ranges from fondling to attempted rape and can occur in various contexts, including date rape or spousal abuse.
- Sexual harassment. Sexual harassment refers to unwanted sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. The behavior becomes unlawful when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in adverse employment decisions (such as the victim being fired or demoted).
- Inappropriate touching. Also known as forcible touching, this involves intentionally touching another person’s intimate parts without their consent. It could occur in various settings, from public spaces to private homes.
- Solicitation of a minor. This involves any attempt to engage a minor (under the age of consent) in sexual activity. It also includes any exchange of sexual messages or images, often referred to as “sexting.”
Who Is Liable for Sexual Abuse in South Carolina?
Sexual abuse can, in some instances, be a one-off occurrence. In other scenarios, it may be systemic and go on for weeks, months, or even years. No matter the duration, you have legal rights if you are the victim of any form of sexual abuse. You can bring a civil lawsuit against your abuser, but depending on the circumstances, other parties may be liable, too.
While the perpetrator is the primary person responsible for sexual abuse, it is important to understand that other parties may also share liability in certain situations. These instances may involve employers, institutions, or entities that are found to have enabled the abuse or failed to prevent it when it was within their power to do so.
For instance, an employer could be held liable if an employee commits an act of sexual abuse while acting within the scope of their employment. This can apply to a variety of settings, from offices to nursing homes to hospitals. If an employer knew or should have known about an employee’s abusive behavior and failed to take appropriate action, they can be held legally accountable.
Similarly, educational institutions might also be held responsible if they fail to protect students from sexual abuse. Schools at all levels have a legal obligation to provide a safe environment for their students. If an institution was aware of sexual abuse or misconduct and did not take adequate steps to address it, this could form the basis of a lawsuit against the institution.
Additionally, organizations and institutions that supervise or manage children’s activities, such as sports teams, youth groups, or religious organizations, could be held liable if they fail to prevent sexual abuse. This includes situations where these entities have not adequately screened their staff or members, failed to respond to allegations of sexual abuse, or have allowed an environment that enables such abuse.
When sexual assault or abuse occurs on someone else’s property, such as a hotel, shopping mall, or apartment complex, due to insufficient security measures, the property owner or manager can sometimes be held accountable. If the property owner or manager failed to provide adequate security – such as functioning locks, adequate lighting, or trained security personnel – and this failure leads to an environment where sexual abuse can occur, the victim may have a claim for negligent security. The key aspect in these cases is demonstrating that the property owner or manager was, or should have been, aware of a foreseeable risk of such incidents and failed to take appropriate preventive measures.
At Lanier Law Group, P.A., we are committed to helping sexual abuse victims hold all responsible parties accountable for their role in these heinous acts. If you are not sure if someone other than your abuser is liable for the suffering you experienced, our South Carolina sexual abuse lawyer can investigate your circumstances and advise who you have a strong case against.
How Civil Lawsuits Differ from Criminal Proceedings in South Carolina Sexual Abuse Cases
If your abuser has been arrested in connection with what they did to you, you may be wondering why you should consider taking legal action yourself, especially if they are ultimately tried and convicted. Understanding the distinction between civil lawsuits and criminal proceedings is crucial when dealing with sexual abuse cases. At their core, both avenues seek to address and rectify the wrongs committed, but they do so in fundamentally different ways and serve different purposes.
In a criminal proceeding, the government prosecutes the alleged sexual abuser for violating a criminal law. The purpose of such a proceeding is to punish the offender and deter others from committing similar crimes. The prosecution must prove the defendant’s guilt beyond a reasonable doubt, which is a high burden of proof. If found guilty, the offender can face prison time, fines, probation, or other forms of punishment.
On the other hand, when you file a lawsuit against your abuser, the goal is not to punish the offender but to get compensation for damages. The standard of proof in a civil case is lower than in a criminal case. In a civil case, you must show that it is more likely than not (a preponderance of the evidence) that the defendant caused you harm.
Criminal and civil cases operate independently of each other. This means you can file a civil lawsuit against the offender regardless of the outcome of a criminal case. For instance, even if the offender is acquitted in a criminal trial due to lack of evidence to meet the high “beyond a reasonable doubt” standard, you may still be able to win a civil lawsuit where the burden of proof is less stringent.
In other words, do not assume you do not have a case just because your abuser was found innocent or accepted a plea deal. You generally have the right to file a civil lawsuit regardless of the outcome of criminal proceedings.
Compensation for Sexual Abuse Victims in South Carolina
In civil cases involving sexual abuse, you can seek several types of compensatory damages to help alleviate the financial burden resulting from the abuse. No amount of money can undo what has happened, but the aim is to provide sufficient compensation to cover the consequences of the harm so that you can more easily move forward.
Our South Carolina sexual abuse attorney will fight to get you just compensation for all losses, including:
- Medical expenses. You can be compensated for the costs of medical treatment related to the abuse. This includes expenses for immediate medical care, surgeries, hospital stays, follow-up care, counseling, and therapy.
- Future medical expenses. If the sexual abuse results in long-term or permanent physical or psychological harm, you may also receive compensation for estimated future medical costs. This could include ongoing therapy or counseling, medication costs, and future surgeries or treatments.
- Pain and suffering. These damages intend to compensate you for the physical pain and emotional distress endured as a result of the abuse. Determining the value of pain and suffering can be complex, as it largely depends on the specifics of each case.
- Lost wages. If the abuse led to time off work, you can receive compensation for lost wages. This can also include compensation for loss of earning capacity if your ability to work and earn a living has been permanently affected.
- Loss of enjoyment of life. This compensation is made available if the abuse has caused you to lose your ability to enjoy day-to-day activities, hobbies, exercise, and other aspects of life you enjoyed prior to the abuse.
- Punitive damages. In certain cases, the court may award punitive damages. These are intended to punish the defendant for particularly egregious behavior and to deter others from similar conduct.
You deserve justice, and we are in your corner. Call 919-342-1368 or contact us online to discuss your situation with a member of our team today.
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There are times in your life you are so hurt and feel life has a grudge against you. Nothing in your life is going right. I lost the most important person in my life to death, of which I knew mistakes were made because I witnessed it with my own eyes. When you contact a law group you most of the time get all business and a matter of fact conversation. I want all to know that from the first phone call they listened to my lengthy story, sobbing most of the time with so much compassion. They never made any promises but offered assurances that no stone would be unturned. They fulfilled every word they said. They restored faith that I had lost. Until you are in a position like mine you can never know how invaluable Lanier Law Group is. They were wonderful while maintaining their professionalism. They treated me like a family member. They really do care about their clients. But most of all they are the best at what they do. I worked in the court system for years so I knew how attorneys and law firms basically operated. Understanding the law and it’s interpretation is the ultimate key to winning any case. Also know that if an attorney/attorneys study and review your case and know that you don’t have a chance in a court of law and are big enough to tell you that instead of giving you false hope, you then my friend have a group with valuable shared values. I have so much respect for everyone in this Law Group. I recommend Lanier Law Group, P.A. to anyone who needs representation, they are in your corner. 20 out of 10 stars.
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I started working with Lanier Law Group in 2020 on my Social Security Disability case. They from start to finish were awesome. My case manager Janet Hanks and attorney, Ashley Sappenfield were always available to answer all my questions. I did not have to do much but sit back and let them handle whatever was needed. My case took too long (2 years) and if I did not have Janet and Ashley My case would still not be approved. I would recommend Lanier to anyone to get the job done and approved. Do not go to another firm with your case, who promise the world and do not see it to completion and do not think another firms would have worked as hard as they did on my case. Lanier Law Group will always be the choice for me and all my family members to handle any cases of this type and other legal services they provide. They went above and beyond!
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Mrs. Gonzalez did an awesome job of explaining everything in detail and keeping me informed on the status of my case. Despite poor customer service with the insurance company, Mrs. Gonzalez was able to fix what they could not. Mrs. Gonzalez was very helpful with helping me understand things that I was not aware of when dealing with insurance claims. I am so thankful for her expertise and professionalism.
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