Did you know that inmates have legal protection against sexual assault in jail? Even post-conviction, civil rights protect prisoners from bodily harm. However, alleging a government entity or employee of sexual assault requires an experienced jail sexual assault lawyer in Phoenix fighting for you.
Zanes Law Injury Lawyers provides a survivor-centered environment for all injury and trauma victims. We guarantee discreet case management and strive to get you a fair settlement. Victims of jail sexual assault can contact us for a free legal consultation and will pay nothing unless we win.
What Is Considered as Jail Sexual Assault in Arizona?
The Arizona State Legislature defines sexual assault in Arizona Revised Statues § 13-1406 as intentionally or knowingly engaging in sexual contact or behavior with a person without their consent. Examples of sexual assault include:
- Unwanted sexual contact/touching
- Sexual harassment
- Sexual exploitation and trafficking
- Exposing one’s genitals or a naked body without consent
- Masturbating in public
- Watching someone engage in private acts without their knowledge or permission
- Nonconsensual image sharing
For a free legal consultation with a jail sexual assault lawyer serving Phoenix, call 866-499-8989
Can the Prison Staff Member Involved Claim That the Behavior Was Consensual?
Consent is a mutually communicated desire, need, and level of comfort between parties. Under federal law, prisoners cannot legally give consent. It is illegal for prison staff to have relations with inmates, according to 18 U.S. Code § 2243.
Also, the Prison Rape Elimination Act (PREA) was passed by Congress to criminalize relationships between officials and inmates. Inmate sexual assault is an abuse of power, and our Phoenix jail sexual assault attorneys can help prove this.
Phoenix Jail Sexual Assault Lawyer Near Me 866-499-8989
What Rights Do Inmates Have?
Convictions do not impose a threat on your right to reasonable care. While under the care of government officials, the institution is responsible for providing a safe environment. You must prove to a judge that the following rights have been violated:
- Individuals at your facility knew that you were in danger
- Individuals at your facility had control to limit or contain that danger
- Employees refused to intervene which led to your injuries
Institutions usually use common defense to contest liability for your injuries. An assault injury lawyer will fight on your behalf so that you won’t face them alone.
Is There a Time Limit to Report Jail Sexual Assault in Arizona?
Sexual assault is viewed as a personal injury, so a statute of limitations applies. A.R.S § 12-542 allows victims two years from the act to seek monetary compensation. Even if the victim is still incarcerated, the case can be brought before a judge.
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What Counts as Evidence of Sexual Assault?
Evidence is not always available when penetration or force is not involved. Our jail sexual assault attorneys in Phoenix focus heavily on building the credibility of victims. The following are types of evidence that will corroborate the victim’s story:
- Sexual assault kits
- Witness testimony
- Testimony from the impacted individual
- Video or photo footage of the incident
Compensation for Jail Sexual Assault
Our job is to hold the entire institution accountable for your sexual assault injuries. Settlements for jail sexual assault in Phoenix may include:
- Medical care costs
- Fine reimbursement
- Property damage
- Emotional damage
- Long or short-term disabilities
- Wrongful death and loss of consortium
- Punitive damages, awarded at a judge’s discretion for egregious mistreatment
What Is the Punishment for Sexual Assault in Arizona?
The consequences for a Class 2 felony such as sexual assault fall within a certain scope and can vary. The offender’s sentencing can be affected by certain factors such as:
- Age of victim
- Age of defendant
- Previous conviction history
- The presence of a weapon
- Knowingly inflicting harm
Our Phoenix jail sexual assault lawyers handles civil rights claims for compensation but criminal charges are separate. Winning the civil case does not guarantee that the party will be criminally charged but we can refer you to a criminal prosecutor.
What to Do If You Have Been a Victim of Sexual Assault While Incarcerated
There are options to report sexual assault. Inmates can report verbally to staff or write to the administration of the prison. If retaliation is a concern, contact the National Sexual Assault Hotline or file a complaint by contacting the U.S. Department of Justice.
Some organizations are unable to investigate, advocate or provide legal counsel. If this is the case, contact an attorney specializing in jail sexual assault for representation.
Don’t Have the Financial Resources to Hire a Lawyer?
Our jail sexual assault lawyers in Phoenix understand that cost is a major concern when retaining counsel for jail sexual assault. This firm offers free case evaluation and operates on a contingency-fee-basis. Clients pay nothing upfront, and only if we win their case and a settlement is reached.
Legal Representation for Jail Sexual Assault
Zanes Law Injury Lawyers handles all kinds of personal injury cases, including sexual assault. If you have suffered from sexual assault by another inmate or prison staff member, you have the right to fight for compensation. Contact us to discuss your case and file a suit against your offender.