When a person is subject to unwanted sexual contact or behavior without explicit consent, they may have grounds for a sexual assault claim. While a district attorney can bring criminal charges against the defendant, sexual assault survivors often pursued their claim through the civil courts of the criminal justice system, as this is usually the only way for plaintiffs to receive financial compensation for damages incurred due to the assault. In some cases, expert witnesses may be brought in to testify about the physical, emotional, and economic impact of the alleged assault.
If you are a plaintiff or defendant requiring economic damage calculations and expert witness testimony regarding a sexual assault lawsuit, contact The Knowles Group to learn how we can assist your case.
What is the Average Sexual Assault Settlement Value?
Many sexual assault cases are resolved through private negotiation between the parties involved, making determining an average settlement value impossible. However, these cases can range from thousands of dollars to hundreds of millions of dollars depending on the number of plaintiffs and institutions involved. For example, the University of Michigan recently agreed to a settlement value of $490 million, with 1,050 individuals sharing in the settlement after being sexually assaulted or abused by a former sports doctor employed by the university.
Is There a Formula for Calculating Sexual Assault Damages?
There is no one formula for calculating damages in a sexual assault case because each case is unique, and the amount of damages awarded can vary widely depending on the specific facts of the case and the jurisdiction in which the case is being heard. The final settlement amount typically comes down to the decision of the jury or judge based on the severity of the assault, the impact on the plaintiff’s life, and any expenses incurred as a result. That said, a general formula for calculating damages is as follows
Total Settlement Value = Total Economic Damages + Total Non-Economic Damages
Hypothetical Example
Jane is a fitness model living in an apartment building in New York City. Several residents in the apartment complex have complained to the management that various locks throughout the building are broken, yet management has ignored the reports. One evening, an unknown individual sexually assaulted Jane while walking through the complex to her apartment.
While the perpetrator of the crime escaped without being identified, Jane sued the building owner and their insurance company for negligence based on their failure to secure the building despite various complaints. As a result, the court awarded Jane $665,000 in damages.
Damages to Consider When Calculating Sexual Assault Settlements
To complete accurate damage calculations for a sexual assault lawsuit, an expert forensic must consider various damage categories. Some of the primary damage categories include
- Medical Expenses (past and future)
- Noneconomic Damages
- Property Damage
- Lost Wages & Loss of Earning Capacity
- Punitive Damages
- Out-of-Pocket Expenses
Medical Expenses
Plaintiffs may demand compensation from the defendant for medical bills incurred due to the assault, such as medical evaluations, treatment for injuries, counseling for emotional trauma, and related medications. The plaintiff may also be in need for future medical care as a result of the assault (therapy, prescription drugs, etc.).
Example
Jane’s legal council has proven that she will incur approximately $25,000 for medical costs. As a result, the court awards the total amount to be paid by the defendant.
Non-Economic Damages
Non-economic damages typically factor significantly into cases involving sexual assault and can include pain and suffering, emotional distress, mental anguish, psychological harm or trauma, post-traumatic stress disorder, humiliation, stress, fear, anxiety, depression, decreased quality or enjoyment of life, and loss of consortium.
Example
Since the alleged sexual assault, Jane claims to be experiencing considerable emotional and psychological trauma. An expert witness validates her claim and suggests that Jane displays classic signs of PTSD, rape trauma syndrome, and other forms of pain and suffering. As a result, the court awards $200,000 in noneconomic damages.
Property Damage
According to RAINN (Rape, Abuse & Incest National Network), 55% of sexual assault occurs at or near the plaintiff’s home, with 48% of the crimes occurring while the plaintiff is asleep or performing another activity at home. In many of these cases, some amount of property damage is incurred.
Example
As Jane was not in her home at the time of the assault, the court does not include property damage as a part of her final settlement value.
Lost Wages & Loss of Earning Capacity
A plaintiff may also claim damages for time away from work and any damage to their future career resulting from sexual assault.
Example
As a former fitness model, Jane no longer feels comfortable in her former work and has chosen to seek a new career path. As a result, the court has agreed to award Jane $150,000 in lost wages & loss of earning capacity damages.
Punitive Damages
The court awards punitive damages in cases where the defendant’s behavior was particularly egregious, such as in cases of intentional or willful misconduct. Punitive damages are a form of punishment intended to deter future misconduct.
Example
In Jane’s case, the court determined that the property owner acted with intentional and willful misconduct as they chose to ignore the various complaints about the complex’s lack of security. As a result, the court punishes the defendant with $100,000 in punitive damages.
Out-of-Pocket Expenses
A plaintiff may seek compensation for various out-of-pocket expenses incurred due to sexual assault, including travel expenses, relocation costs, and legal fees.
Example
Jane’s lawyer charges a 30% contingency fee for all their clients. As a result, the court awards $150,000 as compensation for legal fees and an additional $15,000 for travel and relocation expenses.
Third-Party Lawsuits Resulting from Sexual Assault Claims
In an injury or tort lawsuit, there are two bases for liability. The first is intentional torts against a perpetrator of sexual assault, and the second is negligence actions against a defendant who owed a duty of care and failed that duty of care. Negligence is a legal term for carelessness, and the plaintiff must be able to prove that a third party was negligent in the assault. Sexual assault cases involve both types of lawsuits, and civil suits against a third party have been effectively waged against landlords, renters, innkeepers, schools, and hospitals.
The hypothetical example of Jane’s civil lawsuit is an example of a premise liability claim that held the property owner responsible for an assault on their property. To win this case, Jane’s legal team had to prove allegations of negligent security, showing the property owner failed to exercise reasonable care in maintaining the property.
Criminal Sexual Assault Charges vs. Civil Lawsuit
Sexual assault allegations can lead to criminal charges that result in jail time, fines, probation, and additional sanctions against the defendant if convicted. These cases usually involved an investigation completed by law enforcement and formal charges brought by the district attorney. Concerning many sexual assault charges, a criminal conviction can be difficult to ascertain due to the burden of proof that requires the charges to be “proven beyond a reasonable doubt.”
In contrast, the standard of proof in civil lawsuits is much lower. The plaintiff only needs to prove that “it is more likely than not” that the defendant committed the assault. Additionally, a civil suit is usually the only way for a plaintiff to receive monetary compensation. The civil case becomes stronger if criminal charges are filed, regardless of the outcome. However, the criminal prosecution will proceed first before civil charges are filed. Due to these facts, most sexual assault plaintiffs seek justice through civil lawsuits.
What is Sexual Assault?
A general definition of sexual assault is any unwanted sexual contact or behavior that occurs without the explicit consent of the plaintiff. However, the legal definition of sexual assault can vary depending on the jurisdiction of the alleged crime. While terms such as sexual “violence,” “abuse,” and “rape” are used interchangeably with “assault,” each of these terms represents different forms of sexual crime.
Sexual Violence – While assault is a form of sexual violence, the latter is a broad term that includes verbal and psychological acts such as false promises, intimidation, verbal harassment, and more.
Rape – involves forced penetration of the vagina or anus with a penis, finger, or another object. Therefore, a plaintiff may claim sexual assault without having been raped.
Battery – necessitates that the defendant intentionally caused physical harm or made physical contact that the plaintiff found “offensive or provoking.” While assault requires fear of or an attempt to make contact, battery requires actual harmful contact.
Sexual Harassment – is defined as unwanted sexual advances, requests, unwanted physical contact, or verbal statements of a sexual nature. Sexual harassment is commonly reported in the workplace and falls into three major categories: Coercion, Unwanted Sexual Attention, and Gender Harassment.
Sexual Abuse – is defined as a pattern of behavior in which a person in a position of power or trust uses sexual activity to manipulate or control someone else. The term “sexual abuse” is most often used to describe sexual conduct toward minors rather than adults.
We Provide Economic Damage Calculations and Expert Witness Testimony for Sexual Assault and Sexual Abuse Lawsuits
While a district attorney can bring criminal charges against a sexual assault defendant, these cases are often pursued through civil courts, as this is usually the only way for plaintiffs to receive financial compensation for damages incurred due to the assault. Sexual abuse and assault cases can involve complex calculations that often require the services of economic experts such as The Knowles Group. Since 1979, our company has provided expert witness testimony and economic damage calculations in sexual abuse cases and sexual assault cases for plaintiffs and defendants.
If you’re involved in a sexual assault case, contact The Knowles Group today to schedule a complimentary case consultation and learn how we can serve you.
