SEXUAL ASSAULT
Introduction
More than one in three women and at least one in six men are sexually assaulted in their lifetime. (Center for Disease Control). That means more likely than not, you know someone who has been sexually assaulted at least once.
Most people do not realize that sexual assault is not only a crime, but also illegal on the civil side. Oftentimes where an instance of sexual assault may not give rise to criminal charges, it will still amount to a violation of civil law. In other words, an individual who has experienced a violation of civil law that results in injury—whether physical or emotional—could be entitled to compensation.
What is sexual assault?
Setting aside varying definitions between jurisdictions, “sexual assault” can be defined as the following: any physical contact of a sexual nature with another person without their consent (i.e. groping, rape, forcing or coercing a sexual act, etc.). Sexual assault can also include a sexual act performed in front of someone without their consent (i.e. masturbation or indecent exposure) or even the demanding of a sexual act without that person’s consent.
This definition of sexual assault is an umbrella term that includes a wide range of sexual misconduct. For example, rape—which is generally defined as sexual penetration without another’s consent—falls under the umbrella of sexual assault. Child sexual abuse would also fall under the umbrella definition of sexual assault.
Criminal Law versus Civil Law
The same unlawful sexual misconduct usually triggers legal rights on both the criminal and civil side of the law. Yet is important to understand both criminal law and civil law trigger entirely different laws, procedures, and remedies.
In Tennessee—and every other state in the U.S.—there is a straightforward criminal code. These criminal statutes often include a variety of different sexual offenses that are clearly defined and distinguished by lawmakers.
For example, in Tennessee, the criminal offense of “rape” is different from the criminal offense “sexual battery,” which is different from the crime “sexual abuse of a child.” There are also separate offenses for more severe crimes, such as “aggravated rape” or “aggravated sexual battery.” See generally Tenn. Code Ann. § 39-13-301 et seq. Within each of these separate sexual offenses, there are clear definitions setting out what must be proved for a person to be convicted of that specific sexual offense.
On the civil side of the law—definitions and laws for sexual misconduct are not so clear. Unless you are dealing with Title IX or sexual harassment in the workplace, most states lack clear definitions and laws for sexual misconduct on the civil side.
For example, in Tennessee there is no explicit civil right of action for “rape,” “sexual battery,” “sexual assault,” or “child sexual abuse.” Yet—each of these behaviors are unlawful in Tennessee and across the United States.
Given the unique trauma that results from sexual assault, it is important to hire a lawyer who understands that trauma and specializes in sexual assault cases.
Civil Causes of Action for Sexual Assault
If you have been sexually assaulted, there are a myriad of different claims you can bring against the person who assaulted you. The causes of action that may apply depend upon the facts of your individual case. In certain circumstances, entities or employers may also be liable for the sexual assault.
A qualified attorney can help you determine who may be liable and the causes of action to bring. Civil actions for sexual misconduct may include the following:
Battery
Battery is “an intentional act that causes an unpermitted, harmful or offensive bodily contact” to another person. Lacy v. Hallmark Volkswagen Inc. of Rivergate, No. M2016-02366-COA-R3-CV (Tenn. Ct. App. July 10, 2017). Civil battery is simply an unlawful touching of another person.
In the context of sexual assault, battery would come into play when someone touched you sexually or forced or coerced you to touch them without your consent.
Assault
Assault is the intentional creation of “the apprehension of harm.” Hughes v. Metropolitan Government of Nashville and Davidson County, 340 S.W.3d 352, 371 (Tenn. 2011). More simply, assault is when someone places you in fear that the other person is going to commit a battery (or unlawful touching) against you.
Assault almost always comes into play where there is battery. However, even where the other person did not actually touch you, you may have a cause of action for assault. For example, if someone has demanded sex from you in a way that caused you fear, you might have a claim of assault. An attorney can help you determine whether the facts of your case give rise to assault.
False Imprisonment
False imprisonment is an unlawful detention or restraint of another against his will. Newsom v. Thalhimer Bros., Inc., 901 S.W.2d 365, 367 (Tenn. Ct. App. 1994). To prove the element of detention, you must have been "restrained or confined through the defendant's exercise of force, threats of force, or assertion of authority." Richards v. O'Connor Management, No. 0101-9708-CV-00379, 1998 WL 151392, at *4 (Tenn. Ct. App. Apr. 3, 1998). An attorney at HB Advocates can help you determine whether the facts of your case give rise to false imprisonment.
Intentional Infliction of Emotional Distress
Intentional infliction of emotional distress is (1) intentional or reckless conduct, (2) that is so outrageous that it is not tolerated by civilized society, and (3) caused you serious mental injury. Saint Rogers v. Louisville Land Co., 367 S.W.3d 196, 205 (Tenn. 2012).
In Tennessee, the bar for intentional infliction of emotional distress is very high. An attorney at HB Advocates can help you determine whether the facts of your case give rise to intentional infliction of emotional distress.
Negligence
In the context of sexual assault, negligence claims are an option where someone else—such as a business, church or religious organization, extracurricular organization, or educational institution—is ultimately responsible for the sexual assault. For example, someone else may be liable for the sexual assault where it occurred at a business, on the job, at a school, university, summer camp, church, or elsewhere.
Time Frame and Conclusion
Unfortunately, the time to legally bring a claim for sexual assault in Tennessee and many other states in the South is still very short. This is known as the “statute of limitations” and it varies significantly between states.
In Tennessee, depending on the facts of your case, the statute of limitations for bringing a claim against a person or entity for committing or enabling sexual assault could be as short as one (1) year. It is important to retain a qualified attorney as soon as possible to ensure you do not miss the timeframe for asserting your rights.
Even if you feel you have missed the timeline for bringing a claim for sexual assault, please still reach out to HB Advocates PLLC. The statute of limitations is a nuanced issue with various tolling theories that could give you more time to assert your claim. It is never too late to try and obtain justice for sexual assault.