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Compassionate Legal Support for D.C. Rape Victims

Rape and sexual abuse lawyer | Washington, D.C.

Sex crimes like rape are some of the most unconscionable and egregious offenses that can be perpetrated by one person against another. The trauma of these violations can extend into nearly every aspect of a survivor’s life and serve as a source of distress for months and even years to come.

In the aftermath of an assault, rape victims are often faced with a growing number of questions. Should they report their assault? Can they trust law enforcement to thoroughly investigate their claim? Will they be met with compassion and understanding or with judgment and scrutiny? All of these questions are valid and can directly impact a survivor’s willingness to take legal action against their abuser.

While many of us think of rape as a purely criminal offense, survivors may be within their rights to pursue civil litigation following an assault. Sometimes, rape victims bring civil claims against the individual who assaulted them. Other times, survivors take action against institutions whose negligence contributed to or allowed the abuse to occur. In either case, a civil claim can help rape victims fight for the compensation they need to address the physical, emotional, and financial impact of their assault.

At Nace Law Group, we are proud to provide compassionate, knowledgeable legal support to rape victims in the D.C. area. Rather than prosecuting these cases criminally, our team represents survivors in civil claims against individuals and organizations that contribute to or exacerbate the harm suffered by rape victims. If you or a loved one has experienced sexual violence in or around Washington, D.C., contact our team today to learn more about how we support survivors in their fights for accountability.

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What is considered rape under D.C. law?

There are several different offenses that could constitute sexual abuse under D.C. law. Broadly speaking, D.C. law defines first-degree sexual abuse as a sexual act that takes place:

  1. Forcibly
  2. Under threats of serious harm
  3. While the victim is unconscious
  4. While a victim is incapacitated by a drug or other substance that was given to them by their abuser without their consent

An individual could be considered liable for other kinds of sexual abuse depending on the facts of their case. In every scenario, however, consent plays a central role in determining whether a crime was committed. A person who is physically or mentally incapacitated due to a disability or intoxication, for example, may be unable to consent to sexual contact. Similarly, individuals who do not meet D.C.’s legal age thresholds may be deemed incapable of consenting to certain sexual acts and relationships.

There is a popular misconception that rape is always forcible in nature. In reality, a person need not have been physically forced to be considered a victim of rape. If a person’s bodily autonomy is violated without their consent, they may be within their rights to take legal action against their assailant.

Remember: A survivor is never to blame for their own assault. Abusers are responsible for their own actions – regardless of what a victim was doing when they were assaulted or what their sexual history looks like.

Civil vs. criminal cases for rape survivors

Thanks to the popularity of procedural crime shows and true crime documentaries, many D.C. residents already know that sexual assault cases can be criminally prosecuted. Some survivors are surprised to learn, however, that there are also civil legal options available to them after a sexual assault. Both of these legal approaches can help survivors get justice, but they do so in different ways:

Criminal cases

In a criminal rape case, the government brings charges against an alleged offender. Typically, a prosecutor will then build a case against the defendant and attempt to convince the court of the defendant's guilt beyond a reasonable doubt. If convicted, a perpetrator may face penalties like jail time and fines, and they may be required to register as a sex offender pursuant to D.C. law.

Civil cases

In civil sexual assault cases, victims call the shots with respect to whether a case is filed and what remedies are pursued. Rather than relying on the state to bring charges against an offender, plaintiffs in civil claims can directly sue their alleged abusers for financial damages. Civil cases do not result in criminal penalties like jail time. They instead focus primarily on providing the victim with financial compensation for losses related to their assault. In addition to bringing claims against abusers themselves, survivors may also be able to use the civil court system to hold negligent institutions accountable when their actions or inaction contributed to their abuse-related harm.

When can third parties be held liable for rape?

As noted above, there are some scenarios in which a third party – like a school, business, or community organization – could bear responsibility for a sexual assault. The important question in these cases is whether the third party’s negligence contributed to the harm suffered by the victim or impeded their ability to seek justice.

Here are a few examples of entities that could face claims of third-party liability in a rape case:

  • A corporate employer that retaliated against an employee who reported being assaulted by their boss.
  • A school or university that ignored prior reports of sexual misconduct or attempted to retaliate against a survivor who came forward about an assault.
  • A youth organization that failed to properly vet its employees and hired someone who went on to abuse children.

These cases can pose some unique challenges, as survivors generally must show that the institution in question owed them a legal duty of care and caused them identifiable harm by breaching that duty. If a rape victim can show that an organization failed to take reasonable steps to prevent foreseeable harm or to address reports of misconduct, they may be able to recover compensation from the negligent institution.

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What damages are available in a civil sexual assault claim?

Rape victims often experience high levels of distress in the months and years following their assault. Between medical expenses, mental health treatment, and the overarching emotional impact of these crimes, survivors can easily become overwhelmed by the financial and personal toll of their assault.

Civil sexual assault lawsuits can help survivors pursue compensation for past, present, and future losses related to their victimization. In D.C., there is generally no cap imposed on damages in personal injury cases, so survivors and their legal teams can fight for compensation that appropriately reflects the value of their losses. Here is an overview of the different damages commonly associated with civil sexual assault claims:

Economic damages

Survivors may pursue economic damages for measurable financial losses related to their case. This might include things like emergency medical care, therapy costs, and prescription medication expenses. In some cases, rape victims may miss several work shifts or struggle to return to their regular employment schedule due to the physical and/or emotional impact of their assault. When this happens, survivors can pursue compensation for their lost wages or reduced earning potential as part of their civil claim.

Non-economic damages

Non-economic damages address the personal, intangible losses many rape survivors incur. Things like emotional distress, physical pain, and psychological trauma are hard to quantify, but they’re just as real and impactful to survivors as the economic losses discussed above. While no amount of money can truly make up for the invisible impact of a sexual assault, non-economic damages can help validate a survivor’s experience and provide them with the financial assurance they need to move forward in their healing journey.

Punitive damages

In certain cases involving particularly egregious conduct, courts may award punitive damages. Individual offenders and negligent institutions can all be assigned punitive damages if their actions constitute willful or wanton misconduct. Punitive damages punish defendants for their actions, but they also send a clear message to other community members about the consequences of doing harm to others.

An experienced civil sexual assault lawyer can help you evaluate your losses and build a strong case for recovery under D.C. law.

How long do I have to file a claim in Washington, D.C.?

Washington, D.C., amended its statute of limitations for sexual assault cases in 2018. Under the revised statute, individuals who were assaulted when they were 35 years old or younger have until their 40th birthday – or up to five years after discovering they were assaulted – to file a claim. This is an important consideration, as some survivors may not realize they were victimized until months or years after an assault. If the victim was unconscious when they were raped or unaware that what they experienced constituted a sexual assault, it may take them longer to begin exploring their legal options.

For survivors who were over the age of 35 when they were assaulted, the revised statute gives them five years to take action. For both age groups, it’s important to note that the clock on that five-year limit begins ticking when the victim knew or reasonably should have known that they were assaulted.

An experienced rape victim lawyer in Washington, D.C. can help you understand how the revised statute of limitations could stand to impact your legal options. Failing to file a claim within the legally allotted time frame could seriously impact your ability to recover compensation, so it’s wise to consult with an attorney as soon as possible if you’re considering taking legal action.

Support and resources for survivors

If you were sexually abused or assaulted in the Washington, D.C. area, there are resources available to support you in your recovery efforts. Here are a few local and national resources to be aware of if you’re seeking aid after being victimized:

  • RAINN’s National Sexual Assault Hotline: 1-800-656-HOPE (4673)
  • MPD’s Sexual Assault Unit: 202-727-3700
  • C. Rape Crisis Center: 202-333-RAPE (7273)
  • Network for Victim Recovery of D.C. (NVRDC): 202-742-1727
  • Crime Victims Compensation Program: 202-879-4216
  • Nace Law Group Sexual Assault Lawyers: 202-517-2840

There is no one-size-fits-all approach to seeking support after a sexual assault. You should feel free to decide on the course of action that aligns most with your values and goals. Whether you choose to take legal action or just need someone to bear witness to your story, there are resources available to help you get your needs met.

D.C. rape survivor FAQs

What if alcohol were involved?

If you were incapacitated at the time of your assault due to the effects of alcohol, D.C. law acknowledges that you may have been incapable of consenting to the sexual acts perpetrated against you. Whether you willingly consumed the alcohol or were coerced into drinking, you may still be within your rights to pursue a civil claim against your assailant.

What if I knew the person who assaulted me?

Research suggests that the majority of rapes are committed by someone known to the victim. Just because you knew your rapist does not mean that they were entitled to violate your autonomy. Even if you had a prior or current sexual relationship with your abuser, you may still be within your rights to pursue litigation against them if they perpetrated sexual acts against you without your consent.

Do I need a criminal case to file a civil claim?

No. Civil and criminal sexual assault claims are generally pursued independently of one another. While a criminal conviction can function as a form of evidence in your civil case, such a conviction is not a prerequisite for pursuing civil litigation. Even if you never reported your assault to law enforcement, you may still be able to file a civil claim against your abuser, assuming you are still within the statute of limitations.

Speak with a Washington, D.C. rape victim lawyer

Sexual crimes are traumatic and life-altering for survivors from all walks of life. No one deserves to have their rights violated in such an egregious manner, and individuals who perpetrate sexual assaults should be held accountable for their actions.

At Nace Law Group, we understand that healing from sexual trauma is rarely linear, and we believe that survivors should be able to make informed decisions about what legal action – if any – would be in their best interest. For rape survivors who decide to pursue civil litigation, our team offers compassionate and experience-driven legal support throughout every step of the process.

If you were sexually assaulted in the Washington, D.C. area and are considering filing a civil claim in Washington, D.C., you deserve to have your voice heard. Call Nace Law Group, contact us online, or stop by our D.C. office at 1025 Thomas Jefferson St. NW, #810 to speak to a member of our team.

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