NCJ Number
116675
Journal
Journal of Interpersonal Violence Volume: 4 Issue: 1 Dated: (March 1989) Pages: 110-113
Date Published
1989
Length
4 pages
Annotation
This commentary contends that sexual abuse victims should be advised of the negative aspects of civil litigation in order to make an informed choice about proceeding with such a suit.
Abstract
The danger of impeding recovery may be even greater in sexual assault cases than in personal injury cases because of the nature of the crime of sexual assault and societal beliefs about it. The problem of focusing on pathology is further complicated by another reality of civil litigation, i.e., the average lawsuit takes 3 or more years to complete. A problem of greater concern than pathology is the impact of the attorney and experts for the defense. Civil sexual assault cases are different from criminal sexual assault prosecutions, in that the assault victim is not party to the action in criminal cases. The State is prosecuting the defendant for violating the law and the victim is simply a witness in the case. In civil cases, however, victim damages are the essence of the case and the defense is given equal opportunity with the plaintiff to explore the victim's psychological makeup. It is extremely difficult for both adult and child victims to undergo intense psychological scrutiny. It is also pointed out that the plaintiff in a civil suit may not be able to simply drop the lawsuit if the going gets too rough, since most personal injury litigation is done a contingent fee basis. Until society changes its views on basic social issues, civil sexual assault damage suits will likely continue to be defended in the preceding manner.