Disciplinary and Legal Options

Legal Action

Civil Case

In a civil case, the victim hires a private attorney, and the purpose of the case is to resolve a question of fact between the two parties. If you want to file a civil case, you must know who your attacker is, and the case must start within two years of your assault. Your attorney will most likely take a contingency fee; that is, if you are granted monetary compensation by the jury or judge, your attorney will take a percentage of that. You can also sue a third party (for instance a hotel or apartment owner, or anyone whom you feel facilitated the attack either directly or indirectly).

First, your attorney will file a complaint, and the accused is delivered a copy of the complaint (this is called service of process). Once a complaint is filed, pre-trial activities begin. Then you and your attorney (along with the defense attorney) will decide whether to go to trial, to motion for summary judgment (in which the court makes a decision before trial), or to settle outside of court (in which your attorney and the defense attorney reach an agreement).

If the decision is made to go to trial, it can be either a trial by jury (6-12 jurors) or a bench (only a judge). Either you or the accused may request a trial by jury. A civil trial by jury is going to be slower than a criminal trial (may last up to 4 years). You (and the accused) must be present during all phases of the trial. The burden of proof rests with you and your attorney, and the standard of proof is a preponderance of the evidence.

If the accused is found guilty, you will receive some kind of monetary compensation. This can be used to cover your medical care, counseling, lost wages, and any other expenses that you incurred as a result of the assault.