Sexual Assault & Discrimination
Justice Law Collaborative advocates for survivors of sexual abuse and fights for justice on their terms. At Justice Law Collaborative, our trauma-informed perspective to legal representation ensures survivors are heard at every stage of a case and empowers them to regain control. We represent a broad spectrum of survivors traumatized by sexual abuse including adult survivors of childhood sex abuse, young children, students, athletes, patients, employees, children in foster care or group homes, clergy abuse survivors, and more.
The legal process is an effective and therapeutic tool to facilitate the healing process for many survivors. It presents survivors an opportunity to regain their power by holding the perpetrator, and other responsible parties, accountable. Justice Law Collaborative puts the survivor’s well-being first, and ensures that they have the support they need around them to take on the people who harmed them.
In pursuit of justice, we fiercely fight for survivors to secure the financial compensation they deserve, enable them to help reform institutions who are responsible for their abuse, and bring them the closure they need. Our clients often have the option to force these institutions to implement procedures and protocols that address their misconduct and prevent future abuse.
Our Sexual Assault team, led by Attorney Kim Dougherty, has nearly two decades of experience in civil litigation and a national reputation as a sexual abuse survivor advocate. Kim also has her Master’s in Social Work from Columbia University and has worked as a social worker representing abused children victims of domestic violence in the court systems, bringing a unique talent to her legal advocacy on behalf of survivors. We have vast experience representing survivors at all levels from large national mass actions to individual pre-suit settlement negotiations and mediations.
Let us help you take your power back and get you the justice you deserve.
TRAUMA-INFORMED APPROACH
Justice Law Collaborative takes a trauma-informed approach to representing our clients which centers around five key principles to ensure that survivors feel respected, dignified, and in control:
Safety
Trustworthiness
Choice
Collaboration
Empowerment
We recognize the signs of trauma in abuse survivors, understand the far-reaching effects of trauma, and identify potential avenues for healing. This means we do not just represent survivors in court and in settlement negotiations. We frequently provide additional support that our clients need such as referrals to therapists, in pursuit of administrative hearings, in contact with law enforcement and in other arenas. Our legal advocacy is grounded in attention to our clients’ wellbeing and healing and intended to empower clients’ pursuit of justice.
Sexual Assault Can Take Many Forms
According to the National Center for Victims of Crime, sexual assault includes a wide range of unwanted sexual behaviors that are performed against a person’s will, or when a person is unable to give consent because of their age, disability, level of intoxication, or other reasons. Each state uses a different legal definition to describe the abusive sexual acts.
Consent is the key to determining whether someone has been sexually assaulted. In a nutshell, consent is when someone agrees, gives permission, or provides an enthusiastic “yes” to a sexual act. Consent is always freely given for every change in activity and each participant can say no or stop the activity at any point. You can withdraw consent at any point if you feel uncomfortable. Verbally withdrawing consent can sometimes be challenging or difficult to do verbally-so non-verbal cues can also be used to convey this.
Enthusiastic consent can look like the following examples, according to the Rape, Abuse & Incest National Network:
Asking permission before you change the type or degree of sexual activity
Confirming that there is reciprocal interest before initiating any physical touch.
Periodically checking in with your partner, such as asking “Is this still okay?”
Providing positive feedback when you’re comfortable with an activity.
Explicitly agreeing to certain activities, either by saying “yes” or another affirmative statement, like “I’m open to trying.”
Using physical cues to let the other person know you’re comfortable taking things to the next level (see note below).
Consent does NOT look like this:
Refusing to acknowledge “no”
A partner who is disengaged, nonresponsive, or visibly upset
Assuming that wearing certain clothes, flirting, or kissing is an invitation for anything more
Someone being under the legal age of consent, as defined by the state
Someone being incapacitated because of drugs or alcohol
Pressuring someone into sexual activity by using fear or intimidation
Assuming you have permission to engage in a sexual act because you’ve done it in the past
Survivor FAQS
+ 1.) Will my name by made public?
No. We often resolve cases without filing in court. When we do go to court, most states in the U.S. allow survivors to be addressed as “John Doe” or “Jane Doe''. In this case where there are multiple survivors, the names would be excluded and replaced by “Jane Doe 1, Jane Doe 2, etc.” Your confidentiality is also protected through Attorney-Client Privilege.
+ 2.) Can I afford legal representation?
Yes. Survivors do not pay any attorney fees up front. Attorneys only get paid if they are successful in bringing your case to resolution
+ 3.) Is it too late to pursue a legal claim?
Not likely. Many states allow survivors of sexual abuse to bring their claims years and even decades after abuse occurred. Other states, like New Mexico, are considering bills to increase or remove the statute of limitations on childhood sex abuse.
+ 4.) How much evidence do I need to prove my case?
Civil court only requires to have enough evidence to prove the abuse more than likely occurred. This means you do not have to offer any other proof if you don’t have any. Your statement alone is often enough. However, if you have letters, medical records, photos, or other records, those will strengthen your case.
CASES EXAMPLES AGAINST VARIOUS INSTITUTIONS:
Colleges and Universities, including Michigan State University
USA Olympic Committee and USA Gymnastics
Clubs, including Boy Scouts of America
Group Homes/Foster Care, including Kurn Hattin Homes for Children
Catholic Church/Archdioceses and other Religious Orders
Elementary, Secondary Schools (public and private)
Medical Facilities
There are several pros and cons with filing a lawsuit for compensation. More importantly, there are strict time limitations in which to bring your claims. Contact the lawyers at Justice Law Collaborative for a free consultation and evaluation of your potential claim. Our discussions are completely confidential and all decisions are yours to make.