Sexual Abuse Lawyers in Salt Lake City, Utah.

Sexual abusers must be held accountable

If you or a loved one has been the victim of a sexual abuse or assault, contact Carlson Injury Law today to take the first steps toward the justice you deserve.

How to know if you have a case

How to know if you have a case.

How can you know if you have grounds to file a claim for sexual assault in Utah? Please start by reviewing the following six criteria.

The number of people sexually abused by priests, rabbis, other clergy members, scoutmasters, teachers, coaches and youth leaders is staggering, and the mental and emotional scars left in the wake of sexual abuse can last a lifetime. But tragically, most victims of sexual abuse are too embarrassed, ashamed and confused to seek the legal help they deserve. A further problem facing victims is finding a sexual abuse lawyer who possesses the necessary skills and experience to hold the abusers and the institutions that protect them accountable for their actions.

At Carlson Injury law we help victims of sexual abuse and assault, and understand how important it is for victims to get justice. Sexual abusers must be held accountable; likewise, people in a position of authority, who fail to protect those in their care, must be held responsible for what happens on their watch. If you or a loved one were the victim of a sexual abuse or assault, contact Carlson Injury Law today to take the first steps toward the justice you deserve.

Frequently Asked Questions

The number of people sexually abused by priests, rabbis, other clergy members, scoutmasters, teachers, coaches and youth leaders is staggering, and the mental and emotional scars left in the wake of sexual abuse can last a lifetime. But tragically, most victims of sexual abuse are too embarrassed, ashamed and confused to seek the legal help they deserve. A further problem facing victims is finding a sexual abuse lawyer who possesses the necessary skills and experience to hold the abusers and the institutions that protect them accountable for their actions.

What Is Sexual Assault?

The legal definition of sexual assault varies from state to state. But generally, sexual assault is defined as any form of unwanted touching or contact of a sexual nature. This includes everything from someone intentionally brushing up against you on a crowded subway to forced penetration with the use of a deadly weapon. Remember that any type of touching which you did not consent to may be considered assault. Also, keep in mind that the victim is never to blame for an assault. There is no good reason for another person to violate your boundaries.

Who Can Be The Victim Of Sexual Assault?

Anyone can be the victim of sexual assault or sexual abuse. Although a large majority of rape victims are women, a CDC study found that 1 in 71 men in the US has been the victim of rape or attempted rape. However, these crimes are underreported for victims of all genders.

Men may hesitate to report because of a stigma associated with male rape victims or the common misconception that men cannot be raped. Women may fear that they won't be believed or that their attacker will retaliate against them. In either case, know that the police and those close to you are on your side.

What Is Child Sexual Abuse?

Child sexual abuse is inappropriate physical or sexual contact between a child and an adult or older adolescent. Examples include direct sexual contact, indecent exposure of private body parts, child grooming, and the production of child pornography. This abuse causes devastating mental trauma which can stay with a child for the rest of their lives, including depression, anxiety, and post-traumatic stress disorder. In roughly 90% of child sexual abuse cases, the offender is either a family member or acquaintance of the family. Many abusers seek positions of trust and authority to more easily commit their crimes, such as priests or Boy Scout leaders. It's important for parents to maintain an active role in their kid's lives and to teach them about boundaries regarding touching, private parts, and personal space.

What to do in the event of sexual abuse or assault

If you've been sexually assaulted, you may be feeling scared, depressed, and uncertain of what to do next. But there are steps you can take to help hold your attacker responsible for their actions:

Save physical evidence - Your first instinct after an assault may be to wash up or shower. This is understandable, but you may wash away important forensic evidence if you do. As difficult as it may be, try to refrain from brushing, combing, or cleaning your body. Don't change your clothes or touch anything at the scene. This will help to preserve possible evidence for when the police show up.
Go to the emergency room - Sexual assault can cause serious internal injuries, sexually transmitted infections, and unwanted pregnancies. It's important to get treatment for your injuries as well as emergency contraception and medication which can prevent STIs. The medical staff will also use a rape kit which collects forensic evidence of the crime, including DNA from your attacker and signs of physical trauma. If you suspect that you were drugged, make sure to notify a doctor or nurse.
Get emotional support - Reach out to a close friend or family member for emotional support. No one should have to suffer the trauma of a sexual assault on their own. You are not alone, and you deserve to know it. You may also wish to contact a support group for sexual assault survivors. These groups have trained volunteers and counselors who can help guide you through this difficult time. The National Sexual Assault Hotline can be reached at 800-656-HOPE.
File a police report - Many victims choose not to press charges as they would prefer to put the experience behind them. But it's important to hold these criminals responsible and to prevent them from hurting other people. It can also be deeply empowering to fight for justice. You have the power to overcome this experience and find your voice again. If you're unsure of how to file a report, you can find more information here.
Consider contacting a victims' rights lawyer - The criminal justice system is in place to punish the perpetrators of these crimes. However, criminal courts aren't concerned with providing support for victims. An experienced victims' rights lawyer can offer you compassionate legal counsel, help guide you through your recovery, and help you to receive compensation for the various damages you're suffering from after a sexual assault.

If your child has told you about sexual abuse, or if you've picked up on the signs on your own, you may be feeling angry, frustrated, and panicked. Our deepest condolences go out to you. Even though all parents are aware of dangerous child predators, it's hard to handle the torrent of emotions you experience when your child becomes a victim.

If your family is currently dealing with this type of tragedy, try to keep the following points in mind:

Be supportive - First and foremost, it's important to show support for your child. Make sure that they know they've done nothing wrong, and that they're going to be okay. As emotional as you may feel, try not to show anger or panic in front of your child. Child sexual abuse can unquestionably affect victims well into their adult lives, but the right combination of protection, support, and therapy can help them to recover eventually.
Make your child feel safe - Make sure your child knows that this abuse was wrong and that it will never happen again. Establish a family safety plan and ensure that your child is no longer left alone with the abuser or without an adult you trust.
Call the police - Angry parents may be tempted to confront the alleged abuser personally, but we strongly advise against this. The police are well-trained to handle these situations, so contact them as soon as possible. Though this may be difficult, if the abuse was recent, don't bathe your child or wash their clothes before contacting the police. This could wash away evidence which could be used in court.

The police will investigate your claim and gather evidence of the crime. They will speak with you (or your abused child) to get your side of the story and also interview any possible witnesses. They may also set up something called a "pretext call", where they have you call your attacker from the police station and attempt to elicit a confession over the phone. This call will be recorded and can be used in court.

They may also ask you to complete a Sexual Assault Response Team (SART) exam which collects forensic evidence of the crime. These exams are completely voluntary, but it would be wise to undergo one so that you have the evidence you need in a trial. If the police find enough evidence of a crime, they will arrest your attacker. If he or she is released on bail, he or she will be prohibited from contacting you.

It doesn't matter what the relationship is between you and your attacker. Boyfriends, husbands, girlfriends, wives, and anyone else you're in a relationship with can be guilty of sexual assault if they engage in sexual contact without your consent. You deserve to be loved, not violated.

Just because you've given your consent in the past does not mean that your partner has a free pass to engage in sexual activity with you whenever they want in the future. That's assault, too. We understand that it may be difficult to ask for help in an abusive relationship. But remember that there are resources available to support you. The police, victims' rights lawyers, and victims' advocates' groups like RAINN can provide you with the protection and guidance you need.

That depends on the statute of limitations in your state. Each state has a different time limit for both criminal and civil trials regarding child sexual abuse.

However, with the recent influx of high-profile child sexual abuse scandals in the media, some states have reduced or eliminated the statute of limitations for these crimes. To find out what your options are, it's best to consult with a victims' rights lawyer who has experience trying cases in your state.

Hiring a lawyer

Victim's rights lawyers can provide the compassionate counsel which the criminal justice system sorely lacks. As a plaintiff in a criminal trial, you'll be represented by a district attorney. The DA's office is all about getting convictions. While a conviction is an important aspect of the healing process for victims, criminal prosecutors fail to provide the additional support victims need.

A civil lawyer can help to provide you with the resources you need during your recovery, such as referrals to survivor groups. Additionally, while financial compensation can't take back the past, it can help provide for a better future. Moving on from a sexual assault or child molestation experience can take years, if not decades. Victims often require financial assistance to get back on their feet, which can only be achieved through a bringing a claim or lawsuit.

We represent all of our sexual abuse clients through "contingent fee agreements." A contingent fee agreement is a contract for services between you and our firm which sets forth in detailed fashion the services we will provide to you during the investigation and prosecution of your case, as well as the fees and costs. Subject to State Bar rules, our contingent fee agreement provides that our firm will advance (pay for) all of the costs associated with your lawsuit (e.g. court costs, expert witnesses, exhibits, etc.) and that those costs, along with our attorneys' fees, will not be paid by you until and unless we obtain a monetary recovery on your behalf. Simply put: If you don't recover compensation, you don't pay.

Subject to the ethical rules of each state, we are often called upon to investigate sexual abuse cases outside of Utah. In many cases, we litigate such cases in association with co-counsel in other states. In addition, we maintain relationships with experienced sexual abuse law firms and lawyers across the United States. If, for some reason, we can't handle your case, we will make sure you are referred to a competent and experienced sexual abuse attorney near where you live.

Bringing a sexual assault/abuse claim

Yes. Victims of child molestation, priest and clergy abuse, sexual assault, and sex abuse can bring tort claims against not only the perpetrator, but any person or business who either intentionally or negligently allowed the abuse to occur. However, sex abuse victims are commonly mistaken about their rights and end their search for justice at the conclusion of the criminal case. Many do not know that a criminal conviction is not necessary to bring a successful civil suit. Even if a sexual predator is never arrested, never prosecuted, or even if a sexual predator is acquitted, a sex abuse victim can still prevail in a civil lawsuit.

The Utah civil justice systems can accomplish what the criminal justice systems cannot – financial recovery for pain and suffering and future damages such as future lost earnings and future medical expenses. In some cases, simply bringing the lawsuit can provide some measure of justice, by shedding light on the abuse itself. Bringing perpetrators and the institutions that protect them to justice also decreases the chances that abuse will occur in the future.

Civil justice for victims of child molestation, priest and clergy abuse, sexual assault, and sex abuse oftentimes includes liability of other persons and institutions which contributed to the abuse by failing to report or actively concealing the abuse. So, not only is the perpetrator a named defendant, hospitals, schools, day care centers, therapeutic boarding schools and many more can be successfully sued. Also, family members can be sued for the abuse or for failing to protect, or even worse, hiding the abuse.

A sex abuse victim’s privacy can be protected in many ways throughout the civil justice process. Names and addresses can be redacted from pleadings, and all or part of the record may be sealed, including depositions and written discovery. Settlements can and often do include confidentiality agreements.

Filing a civil lawsuit can be difficult, especially for sex abuse victims. On the one hand, filing a civil lawsuit may provide vindication and justice. Doing so sheds light on a predator and gives a sex abuse victim an opportunity to be heard. On the other hand, factors such as the length of time it takes to conclude the civil case or having to discuss the abuse and its effects multiple times can be discouraging. At the end of the day, the choice to file a lawsuit belongs solely to the sex abuse victim.

A lawsuit can help provide compensation for the variety of damages you may be facing after your assault, including:

Medical care
Psychiatric care
Pain and suffering
Loss of quality of life
Emotional distress

Juries are usually sympathetic to the victims of these heinous crimes, so it's common to see very high compensation amounts for these cases. A lawsuit can also help other victims gain the courage to come forward if they've also suffered abuse from the same attacker or within the same institution. We've seen this in cases like the Bill Cosby scandal, where dozens of other victims came forward after the first claim was made.

When you file a report with the police, the criminal justice system will handle the case from that point on. The prosecution's job is to prove guilt beyond a reasonable doubt. They will gather evidence and present it in court, interview witnesses (including you), and make their case for the jury.

In a civil case, the standard of proof is not as high. Instead of the "reasonable doubt" standard, you only need to convince the jury that your attacker is more than likely guilty. Legally, this is defined as a preponderance of the evidence. Additionally, you will have more control in the sense that you can choose whether to accept a settlement or take the case to civil court. These two choices are not mutually exclusive. Your offender may be tried in both criminal and civil courts. A conviction in criminal court will likely increase your chances of winning in civil court, but you don't need a conviction to win a lawsuit. Ideally, your attacker will suffer criminal punishment and also be forced to provide the compensation you and your family need for suffering such a painful experience.

Who should be held accountable?

In many cases of sexual assault and abuse, there are several parties who either covered up the crimes or did not do enough to stop the abuse. We've seen this in recent years with organizations like the Catholic Church and Boy Scouts of America covering up child molestation or allowing sex offenders to work with kids. Other examples include colleges, universities, therapeutic boarding schools, wilderness programs and employers not taking sexual assault seriously or attempting to cover it up.

Additionally, property owners are sometimes responsible for neglecting to fix dangerous conditions which made their properties more susceptible to crime. For example, if you were assaulted in a poorly lit parking lot, the owner could face liability in a lawsuit. In many states, it's illegal not to report child sexual abuse if you suspect it. Those who see something wrong and don't say anything also bear some of the responsibility for sexual crimes.

Yes. Religious organizations routinely cover up child molestation in order to protect the image of the organization. This is indefensible, as such complicity protects predators and allows them to continue to abuse with few consequences. A lawsuit against a religious organization can help hold the organization responsible for their complicity. This may encourage religious leaders to do more to punish offenders and to protect children in the church. Additionally, it raises public awareness of the problem and may help other victims find the courage to come forward.

Yes. Just like religious organizations, any other group that works with children has a duty to protect those kids from harm. It's crucial to take claims of abuse seriously, to turn over offenders to law enforcement, and to properly vet volunteers and employees who will be working with kids.

Organizations that allow sex offenders to slip through the screening process or attempt to cover up abuse may be held liable for the harm they've caused in a civil trial. This includes groups such as:

The Boy Scouts of America
Youth sports leagues
Summer camps
Daycares and preschools
Therapeutic Boarding Schools
Wilderness Programs

That depends on the statute of limitations in your state. Each state has a different time limit for both criminal and civil trials regarding child sexual abuse.

However, with the recent influx of high-profile child sexual abuse scandals in the media, some states have reduced or eliminated the statute of limitations for these crimes. To find out what your options are, it's best to consult with a victims' rights lawyer who has experience trying cases in your state.

any witnesses. If they violate this order, they will be sent back to jail until the trial.

Utah's Sexual Abuse Attorney

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