Louisville Sexual Assault Attorney

Experienced Sexual Abuse Lawyers Fighting for Justice in Louisville

Sexual abuse and sexual harassment happen more frequently than people believe. Millions of men and women have been sexually abused or sexually assaulted, either as children or adults. And few abusers are ever caught or held accountable for their conduct.

Many institutions shelter and protect abusers and have been doing so for decades. Sexual violence can occur in the workplace, at schools, in healthcare settings, and in positions of authority. For example, the rampant sexual abuse in the Catholic Church has only recently come to light. Abuse in the Boy Scouts of America has also been kept under wraps for decades until brave survivors stepped forward to speak about their experiences.

If you have been sexually assaulted or experienced sexual harassment, you need an advocate who believes you and will fight for your legal rights. The Noakes Law Group has helped many victims of assault and sexual violence and will do everything we can to bring your abuser to justice. Speak with our Kentucky sexual abuse attorneys today for a free consultation by phone or online to discuss your case.

What Is Considered Sexual Assault in Kentucky?

Kentucky law defines both “rape” and “sexual abuse” as criminal offenses, although the two terms are not interchangeable. In broad terms, rape is when another person engaged in sexual intercourse with someone who is entirely under “forcible compulsion” or is not legally capable of giving consent. Sexual violence, also referred to as “sexual assault,” is when another person is subjected to “sexual contact by forcible compulsion,” or the victim is incapable of consenting to sexual contact.

Kentucky law also recognizes sodomy as a criminal offense involving sexual conduct by force or without consent.

Victims of rape and sexual abuse may bring civil sexual assault claims separate from any criminal prosecution or criminal conviction. Depending on the facts of a given case, a sexual assault victim may also have a civil claim for any or all of the following common law offenses:

• Assault (i.e., the threat of unwanted touching)
• Battery (i.e., unwanted touching or harmful and offensive contact)
• False Imprisonment
• Stalking
• Trespassing

Understanding Sexual Harassment in the Workplace

Sexual harassment is a pervasive problem in employment settings across Kentucky. It can take many forms and create a hostile work environment that affects a worker’s ability to perform their job. Sexual harassment includes:

Quid Pro Quo Harassment: When a person in authority—such as a supervisor or employer—conditions employment benefits on sexual favors or unwanted sexual advances. This might include promises of promotion, raises, or threats of termination based on whether an employee engages in sexual conduct.

Hostile Work Environment: When sexual harassment creates an intimidating, offensive, or abusive workplace. This can include:

• Unwanted sexual advances from a co-worker or supervisor
• Inappropriate sexual comments or jokes
• Displaying sexually explicit materials in the workplace
• Sending sexual text messages or emails to an employee
• Touching or other physical contact of a sexual nature
• Making sexual gestures or remarks about another person’s body
• Discussing sexual favors or sexual activity at work

Sexual harassment can happen to any worker regardless of gender, age, or position. It can involve harassment from a co-worker, supervisor, employer, or even clients and customers.

Types of Sexual Abuse and Assault Cases We Handle

Our Kentucky sexual abuse lawyer has extensive experience representing victims in various types of sexual assault and sexual harassment cases, including:

• Workplace Sexual Harassment: When an employee suffers sexual harassment at work, creating a hostile work environment. This includes unwanted sexual advances, requests for sexual favors, and other forms of sexual harassment that affect employment.
• Child Sexual Abuse: When children suffer sexual abuse at the hands of family members, authority figures, teachers, coaches, or other trusted adults.
• Institutional Abuse: Sexual violence that occurs in schools, universities, hospitals, religious organizations, youth organizations like the Boy Scouts, and other institutions.
• Sexual Assault by Medical Professionals: When doctors or healthcare workers sexually abuse patients under the guise of providing medical treatment.
• Date Rape and Acquaintance Assault: Sexual assault committed by someone the victim knows, often involving force or incapacitation.
• Sexual Violence Against Vulnerable Adults: Abuse targeting elderly individuals in nursing homes or adults with disabilities.

No matter the circumstances of your case or what type of sexual violence you experienced, our sexual assault attorney is here to help you seek justice and hold the responsible parties accountable.

Why Bring a Sexual Assault Claim Against Your Abuser?

Civil lawsuits differ from criminal lawsuits in several key ways. The first is the burden of proof. In a criminal prosecution for sexual assault, a Commonwealth’s Attorney must prove every element of the charged offense “beyond a reasonable doubt.” Whether you are talking about rape or sexual assault, the jury must unanimously conclude the Commonwealth has met its burden.

One element of criminal sexual assault is the issue of consent. Obviously, there is no crime if the victim consented to the sexual conduct alleged. And since many sexual assault cases are “he said/she said,” Kentucky prosecutors are often unwilling to even bring a criminal case without additional corroboration or evidence. Again, this goes back to the fact that a criminal charge must be proven beyond a reasonable doubt.

With a civil claim for sexual assault, in contrast, a victim needs only to prove their claims based on a “preponderance of the evidence.” This is a significantly lower standard than beyond a reasonable doubt. The jury needs only to find it more likely than not that the victim was raped or sexually assaulted. Put another way, in a civil lawsuit, the jury only needs to be 51 percent sure the defendant committed sexual assault, while in a criminal prosecution, the jury must be closer to 95 percent certain.

A second key difference between civil and criminal sexual assault cases is the nature of the penalties or remedies available if the defendant is found responsible.

In a criminal case, the defendant can be sent to jail or prison if convicted. That is not possible in a civil suit. Instead, a civil suit seeks monetary compensation in the form of damages. If the defendant is found liable, then they must pay compensation to the victims.

We realize that no amount of compensation can ever make up for a sexual assault. However, civil cases are often about more than the person who abused you. Instead, you might try to hold accountable the institution that protected the abuser or allowed the abuse to happen. In a way, bringing a civil lawsuit is about protecting future victims as much as it is about getting justice for your case.

Holding Institutions Accountable

The following institutions often turn a blind eye to abuse and should be held accountable for their role in enabling sexual violence:

1. Hospitals and Healthcare Facilities: That employ doctors who sexually abuse patients under the guise of providing medical treatment.
2. Schools and Educational Institutions: That employ personnel who sexually assault students or other staff, or fail to respond appropriately to reports of sexual harassment.
3. Universities and Colleges: That do not investigate allegations of sexual abuse or do not provide a safe environment for students who then end up getting assaulted. Many universities fail to act when students report sexual violence, allowing abusers to continue their conduct.
4. Youth Organizations: Groups like the Boy Scouts that have adults in positions of authority mentoring children, where abuse has been systematically covered up.
5. Employers and Workplaces: Companies that ignore complaints of sexual harassment, fail to protect workers from a hostile work environment, or retaliate against employees who speak up about sexual advances or inappropriate conduct.
6. Religious Organizations: Churches and religious institutions that protect abusers and move them to different locations rather than reporting them to police.

If you have been assaulted or experienced sexual harassment, you can bring a civil suit against your assailant as well as against any institution that you believe is also culpable for the assault. Holding these institutions accountable can help prevent future harm to other victims.

NOAKES CAN HANDLE YOUR SEXUAL ASSAULT CASE.

At the Noakes Law Group, our Kentucky sexual abuse lawyer focuses on getting our clients the justice they deserve after sexual abuse or assault. The road to recovery can be long and complicated. Further, no two victims have the same experience or suffer the same consequences.

As part of a civil suit, we can seek compensation for:

• Medical bills: To cover the full costs of dealing with sexual assault, including emergency medical treatment, ongoing therapy, mental health counseling, and any other medical care needed to address the physical and psychological injury from the assault.
• Lost wages and employment losses: If the repercussions from the assault prevented you from working, caused you to lose your job, or forced you to leave employment due to sexual harassment in the workplace.
• Pain and suffering: Compensation for the physical pain and emotional trauma you’ve endured.
• Emotional distress: For the psychological harm, anxiety, depression, PTSD, and other mental health consequences of sexual violence.
• Loss of quality of life: When sexual abuse affects your ability to engage in activities you once enjoyed or impacts your relationships with a loved one or family member.

In some cases, our sexual abuse attorney might also seek punitive damages. These damages are designed to punish a person or institution for reprehensible conduct. In many cases, you can get punitive damages against the abuser, since their conduct is clearly egregious. However, it is less clear whether an institution like a hospital or school would need to pay punitive damages. A lot depends on what the institution knew and whether their actions rise to the level warranting punishment.

When seeking a settlement, we also need to be realistic about the defendant’s ability to pay. Some abusers might not have resources, which is why we always consider whether an institution is also responsible, since they tend to have deeper pockets.

The goal of any sexual assault case is to do justice. By being forced to pay a large settlement, institutions like schools and hospitals might be encouraged to change their policies and to take complaints of sexual assault and sexual harassment more seriously.

Your Legal Rights After Sexual Assault or Harassment

If you’ve experienced sexual assault, sexual abuse, or sexual harassment, it’s important to understand your legal rights:

• You have the right to report the assault to police: You can file a police report and cooperate with any criminal investigation. A criminal conviction can provide a sense of justice, though it’s not required to pursue a civil claim.
• You have the right to pursue a civil lawsuit: Even if there’s no criminal prosecution or conviction, you can still bring a civil sexual assault claim to seek compensation and hold the responsible parties accountable.
• You have the right to confidentiality: Your story matters, but you also have the right to privacy. We work to protect our clients’ identities and can use confidential proceedings when possible.
• You have the right to speak your truth: No one can force you to stay silent about your experience. If someone threatens you or tries to intimidate you into silence, that conduct may itself be actionable.
• You have the right to legal representation: An attorney can defend your rights, gather evidence, and fight for the compensation you deserve.
• Employment protections: If you experienced sexual harassment at work, federal laws and Kentucky law protect you from retaliation when you report the harassment or file a claim.

Victims of Sexual Assault Should Act Quickly

One hurdle is making sure you bring your claim on time. Every state has a statute of limitations, which sets out the maximum amount of time victims have to bring lawsuits. If you suffered abuse as a child, then it can be complicated to bring a case if many years have passed. It is best to meet with a lawyer as soon as possible to review your case and discuss your legal options.

Another problem with cases involving institutions is that they do not like to admit responsibility for contributing to sexual assault or sexual harassment. You need a trusted attorney who can dig and find evidence to use in your case. We know how to obtain critical evidence, including text messages, emails, witness testimony, employment records, and other documentation that can prove your claims.

Our sexual abuse lawyers also work to protect clients’ privacy. Public attitudes around sexual assault are changing, and fewer people automatically discredit the accusations made by women and children. However, we realize that many clients want to maintain their privacy, and we will do everything possible to accomplish that while still pursuing justice.

Frequently Asked Questions

How long do I have to file a sexual assault claim in Kentucky?

Kentucky law sets time limits for filing civil claims. The statute of limitations varies depending on when the abuse occurred and your age at the time. For childhood sexual abuse, Kentucky has extended the statute of limitations in recent years. It’s critical to speak with an attorney as soon as possible to ensure you don’t lose your right to seek justice.

Can I file a claim if I didn’t report the assault to the police?

Yes. You can bring a civil sexual assault claim even if you never filed a police report or if no criminal charges were filed. The evidence requirements and burden of proof are different in civil court than in criminal court.

What if I’m afraid of retaliation at work?

Federal laws and Kentucky law protect workers who report sexual harassment from retaliation by their employer. If you experience retaliation—such as termination, demotion, or a hostile work environment—after reporting harassment, you may have additional legal claims.

Will my name be made public?

We work hard to protect our clients’ privacy. In some cases, we can use confidential proceedings or Jane/John Doe filings. We’ll discuss privacy concerns during your free consultation and develop a strategy that respects your needs.

What if the abuser was a family member or loved one?

Sexual abuse by a family member or loved one is tragically common. You still have the right to pursue justice and hold them accountable. We handle these sensitive cases with the compassion and discretion they require.

Can I sue my employer for sexual harassment?

Yes. If you experienced sexual harassment at work, you may have claims against your employer, the harasser, or both. Employers have a legal duty to prevent and address sexual harassment in the workplace. When they fail to act, they can be held liable.

What evidence do I need?

Any evidence you have can help, including text messages, emails, witness statements, employment records, medical records, or documentation of complaints you made. However, even if you don’t have physical evidence, you can still pursue a claim. Your testimony matters, and we’ll work to gather additional evidence to support your case.

Contact Our Louisville Sexual Assault Attorney Today

If you or a loved one has been sexually assaulted, sexually abused, or experienced sexual harassment, contact Noakes Law Group today. Our Kentucky sexual abuse attorneys are here to fight for your legal rights and help you seek justice.

Don’t suffer in silence. Speak with our experienced sexual assault attorney about your case. We offer a free consultation by phone or online where we’ll listen to your story, answer your questions, review the facts, and discuss your legal options.

Time matters in these cases. Act now to protect your legal rights and hold the responsible parties accountable for their conduct. Fill out our online contact form or call us today to schedule your free consultation.