You do not lose the right to bodily autonomy after a criminal conviction. Regardless of the charges brought against you, you have the legal right to protect your body from harm. This is the case whether you’ve been targeted by a fellow inmate or by a police officer.

The Tucson jail sexual assault attorneys with Zanes Law are prepared to help you fight back against instances of sexual assault. When you contact our office, you’ll benefit from a combined 80 years of legal experience. We can bring your losses forward in civil court. In turn, we can fight for compensation on your behalf.

Addressing Sexual Assault in Civil Court Versus Criminal Court

Sexual assault is recognized as a crime throughout Arizona. Parties accused of sexual assault can face Class 2 felony consequences. These consequences grow more severe when a court considers the condition of the party who filed the initial complaint.

That said, filing a civil claim against a liable party does not see that party face criminal charges, even if you win your case. Rather, you’ll need to pursue an additional case if you want to make your attacker face criminal consequences. Our office can help you build a civil claim while connecting you with a criminal prosecutor.

Criminal sexual assault claims can occur at the same time as civil sexual assault cases. Simultaneous cases can even benefit one another. Should you win one case before the other, you can use the applicable court ruling to defend your position in your active case.

Breaking Down Sexual Assault in Prison

If you want to take civil action against an attacker, you need to file a civil claim. In your claim, you must prove via evidence that you endured what Arizona considers to be sexual assault.

A.R.S. § 13-1406 states that sexual assault within the state constitutes the intentional or knowing engagement in oral sex or intercourse without consent from the other party involved. Evidence regarding these cases can include:

  • Sexual assault kits (SAKs) reporting on the condition of the impacted individual
  • Witness testimony
  • Testimony from the impacted individual
  • Video or photo footage of the incident

A jail sexual assault lawyer in Tucson, AZ, can help you gather the evidence needed to make this claim. Afterward, we can further emphasize that the behavior you endured violated the duty of care owed to you by the institution in which you are held. Once we have this information in hand, we can submit your suit and prepare you for a civil trial.

Reacting to Sexual Assault Instigated by an Inmate

If you are incarcerated at the time of your alleged sexual assault, the inmates alongside whom you are incarcerated constitute your peers. You can thus bring a civil suit against one of these parties without having to contend with legal barriers.

You can discuss an instance of inmate sexual assault with a Zanes Law attorney. We can go over the circumstances that led to the incident and use this testimony, partnered with additional evidence, to file a suit on your behalf.

Sexual assault for incarcerated individuals constitutes personal injury in the eyes of the law. With that in mind, A.R.S § 12-542 gives you two years to act on your related losses. Even if you are still incarcerated come the end of this deadline, we can help you bring your concerns before a judge.

Reacting to Sexual Assault Instigated by a Police Officer

It’s not only inmates you have to be concerned about if you’re incarcerated. Officers who want to violate the power given to them by the state may opt to do you harm. Unfortunately, police officers in Arizona are entitled to some degree of qualified immunity. This immunity limits the kinds of civil cases that can be brought against an individual in a position of power.

More specifically, though, 42 U.S.C. § 1983 protects police officers from suits that question their interactions with a person’s constitutional rights or “clearly established” laws. This does not mean that you cannot bring a civil or criminal case against a police officer who you believe engaged in sexual assault.

However, you must prove that you both endured sexual assault and that an officer violated your constitutional rights. Our Tucson jail sexual assault attorneys can bring this evidence together on your behalf. We can rely on both physical evidence and legal precedent to help bring your case to court.

Compensation Available to Inmates Who Suffered Sexual Assault

When you take an instance of sexual assault to civil court, you have the right to request compensation in return for the losses you suffered. These losses can include:

  • Injury that occurred prior to, during, or after the incident
  • Damaged personal property
  • Long or short-term disability
  • Trauma
  • Pain and suffering

To receive compensation in return for these losses, you must present a court with evidence indicating that the incident in question caused you to endure them. You can, for example, prove injury with both medical testimony and the evidence provided by a SAK, or sexual assault kit.

You can go on to assess your pain and suffering by referring to the legal precedent for such compensation throughout the state. We’ll research previous claims for you and help you calculate the economic value of such a loss. We can then add that number to the rest of your losses to come up with your total possible compensation.

Combat Sexual Assault With Help From Zanes Law

Sexual assault is never acceptable in the eyes of the law. Should you have suffered from sexual assault instigated by a fellow inmate or police officer, you have the right to take legal action. Jail sexual assault lawyers in Tucson, AZ, can discuss the instance with you and help you file a suit against the offending party.

If you have questions about what your rights look like after a criminal conviction, you can sit down with Zanes Law Injury Lawyers. Contact us over the phone or online to meet with a member of our team.

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