This week brings another call from a sexual assault victim: "Can I sue the guy who did this to me?"
Absolutely! The law is intended to provide remedies for persons who have been sexually assaulted or harassed. The usual problem is recovering money damages against defendants in these cases because there is generally no insurance coverage. Most policies contain an exclusion from coverage for criminal conduct. But what if the defendant has money or property? A court judgment can be satisfied by attaching their property and forcing its sale, or by garnishing a bank account!
Sexual assault victims have specific rights under Idaho law to collect money for their suffering – and that suffering goes on for years. The specific code section (I.C. § 6-1703) provides potential money damages for "past and future damages and may consist of emotional and physical pain and suffering, mental anguish, disability, loss of society and companionship, expenses for past and future therapy, and punitive damages" plus attorney fees and costs if you win. Punitive damages are allowed to punish the person for his or her sexual crime. That’s right – CRIME. If you need more information on these cases – contact us. We handle cases for sexual assault victims – and maybe we can help you find a way to cope with the damages you have suffered.