Taos Sexual Assault Lawyer

Taos Sexual Assault Attorney

Sexual assault can affect your life in unimaginable ways. With the help of an experienced Taos sexual assault lawyer, a victim can get the recovery they deserve to help manage the many challenges they may face. Filing a civil claim can help provide financial restitution to help alleviate the costs of what they’ve experienced. It’s important to consult a trusted attorney as soon as possible to protect your rights.

What Is Sexual Assault?

In New Mexico, sexual assault is a crime. Sexual assault is considered a violent action involving sex to humiliate, control, or dominate someone else. It can include non-consensual sexual contact, penetration, statutory rape, or incest.

In addition to a criminal case, a sexual assault lawyer can help prepare a civil case for financial recovery. If you enlist a lawyer’s help right away, they can begin to build your case and investigate your claim on your behalf.

How Is Liability Proven for a Taos Civil Case?

A criminal case for assault is entirely separate from a civil case. Interestingly, someone found not to have been guilty of sexual assault in a criminal case could still be responsible for paying the victim their recovery in a civil case.

An experienced sexual assault lawyer can help bring a claim to civil court. At that point, your attorney can work to prove liability for the defendant—the person accused of sexual assault in a civil case. Your attorney can argue the defendant should be financially responsible for your injuries. If they can establish liability, you can recover from the defendant.

How Can I Prove Other Parties Were Responsible for Sexual Assault?

In addition to exploring liability for the defendant, your attorney may want to determine whether any other third parties could be responsible for your recovery. Your attorney can work to establish the following:

• You were owed a duty by a third party to keep you safe,
• A third party breached their duty to keep you safe, and
• Your sexual assault resulted directly from their breach of the duty of care.

To prove third-party liability, your attorney can argue that the third party had a legal responsibility to minimize the risks of criminal activity and sexual assault occurring. Typically, an attorney can argue the third party knew about crime in the area or about other similar incidents of assault occurring, which made the risk to you entirely foreseeable.

Then, your attorney can prove the third party failed in their duty of keeping you safe. Attorneys can argue that minimal efforts on the part of the third party would have provided sufficient safety, such as having security cameras, guards in the parking lot, or working lights in the area. An attorney can argue that the third party didn’t have enough measures in place to keep guests safe.

Finally, your attorney must prove the assault resulted directly from the failure of the third party to take sufficient safety measures. A lawyer can typically link the assault to the failures of the third-party defendant.

How Can a Sexual Assault Lawyer Help?

A sexual assault lawyer can assist you with legal advocacy throughout the civil claim process. Specifically, an experienced attorney can:

• Confidentially discuss your abuse in a safe environment
• Provide legal advocacy and protect victims’ voices throughout the process
• Lend support and explain all possible options for financial and emotional recovery
• Determine legal responsibility
• Negotiate on behalf of a victim
• Give access to legal resources and victim support networks

Sexual assault lawyers can use their experience helping other victims of sexual assault to provide guidance in your case. The legal support of an attorney is particularly helpful in sexual assault cases since it can be difficult for victims to confront responsible parties and discuss what they have experienced. A Taos attorney from Berenson & Associates, PC is prepared to listen to you and help you through this process.

Taos Sexual Assault FAQs

Q: Is There a Sexual Assault Statute of Limitations in Taos, NM?

A: In Taos, there is a statute of limitations, or a deadline to bring a claim, for some crimes involving sexual assault. The specific applicable statute of limitations depends on the type of criminal charges and the victim’s age.

If you need help with a sexual assault case, an attorney can not only provide legal advice and represent your interests as a victim, but they can also ensure you don’t miss any filing deadlines for your claim.

Q: What Types of Recovery Are Available to Victims of Sexual Assault?

A: If you have been a victim of sexual assault, you can access different recovery services, such as medical examinations, counseling and therapy, referrals for legal and social services, psychiatric treatment, testing and treatment for STIs, unwanted pregnancy services, and more.

A victim’s attorney can help discuss the types of recovery you can possibly access, support you during your case, and answer any questions you might have.

Q: What Are Some Examples of Victim-Blaming Questions?

A: Unfortunately, victims don’t always receive fair treatment when reporting the crimes they’ve experienced. Questions like, “What were you wearing?” “Did you drink anything?” “Did you fight back?” are all examples of victim-blaming questions.

Sometimes, the tactless person asking these questions is suggesting that the victim should be partially responsible and that they played a role in their own assault. As such, it’s important to have an advocate by your side to discredit these inappropriate, incorrect questions.

Q: What Does a Sexual Assault Attorney Cost in Taos?

A: In Taos, an attorney can rely on a variety of fee agreements for sexual assault cases. Typically, their payment depends on the case’s complexity and the lawyer’s level of experience. If you’re considering a specific lawyer for your case, you can ask about their written fee agreement and address any questions you have about it during an initial consultation. An attorney should provide straightforward answers to your questions and discuss all anticipated attorney costs.

Consult Experienced Taos Sexual Assault Lawyers – Contact Berenson & Associates, PC Today

If you have been the victim of sexual assault, it’s important to consult an experienced attorney who can help you pursue recovery for your physical and emotional injuries.

At Berenson & Associates, PC, we can help make sure you receive the compensation you deserve for your injuries while also providing compassionate support. Contact Berenson & Associates, PC today to schedule an initial consultation.