Albuquerque Sexual Assault Attorneys
Fighting to Recover Compensation for Survivors of Sexual Assault in Albuquerque, NM
As a survivor of a sexual assault, you should never have to worry about getting the justice you deserve. Sadly (and all too often), the criminal justice system fails to produce fair outcomes. Fortunately, other legal remedies are available to survivors. You may be able to file a civil lawsuit against your abuser and seek compensation for damages.
At Potts Law Firm, we are dedicated to helping survivors of sexual assault enforce their rights and hold their abusers accountable. We are deeply compassionate to the difficulties you are no doubt experiencing and endeavor to make the legal process as efficient, straightforward, and painless as possible. Our Albuquerque sexual assault lawyers are always available to answer your questions and will be there to support you from start to finish. With over $1 billion recovered for our clients and over 250 years of combined experience, we are confident we can provide the aggressive, sophisticated, and results-oriented representation needed to prevail.
There are strict time limits for bringing these lawsuits, so do not wait to schedule a free initial consultation by calling (505) 305-1283 or contacting us online. Same-day appointments are available, and our firm provides services in English and Spanish.
Can I File a Sexual Assault Civil Lawsuit in New Mexico If My Abuser Was Not Convicted?
If your abuser is arrested after you report the crime, you are probably not immediately thinking about taking civil legal action. After all, you are hoping that the criminal justice system will do its work and find your abuser guilty. Unfortunately, this does not always happen. Depending on the circumstances, your abuser may not even be charged. If they are charged, prosecutors could accept a plea bargain, allowing your abuser to get off on less serious charges. If the case goes to trial, the prosecution may not be able to meet the extremely high standard of proof required to secure a guilty verdict.
Put another way, you should never assume that your abuser will be convicted, even if there is a preponderance of evidence. The good news is that you can file a sexual assault civil lawsuit regardless of whether your abuser was criminally convicted. Because the criminal and civil legal processes operate completely separately, you can sue your abuser even if they were not criminally charged.
You may be wondering what the point of pursuing a civil case against your abuser will accomplish if the prosecution was not able to convict them. Criminal and civil cases work differently, and the outcome of criminal proceedings will not determine the outcome of a civil lawsuit (and vice versa).
Most crucially, criminal and civil trials have different burdens of proof. Put simply, it tends to be easier to “prove” your case in a civil lawsuit. In a criminal trial, the prosecution must show the defendant is guilty beyond a reasonable doubt, which is a difficult standard to meet even with ample evidence. In a civil lawsuit, you need only establish that the defendant more likely than not perpetrated the sexual assault. You can therefore conceivably prevail in a civil lawsuit even if the prosecution failed to meet the higher burden of proof in a criminal trial.
If your abuser was not convicted or you are not confident that your abuser will be held accountable through the criminal justice system, we encourage you to get in touch with Potts Law Firm. Our Albuquerque sexual assault attorneys will review your case and walk you through your legal options.
Our firm is committed to getting you justice and the money you need to move forward. Contact us online or call (505) 305-1283 to discuss your case with us today.
I had a wonderful experience with this law firm.- Stephen P.
I wouldn’t hesitate to recommend him or any of the team at Potts.- Theo C.
The Potts Law Firm is a powerhouse of brilliant attorneys.- Molly H.
I highly recommend Adam and Potts Law Firm- Mary H.
I would recommend Potts Law Firm for any and all legal matters that come my way in the future!- W. Gary
The amount of time you will have to take legal action against your abuser will depend on whether you were a minor when the crime took place. If you were an adult when the crime occurred, you only have three years from the date of the offense to file a civil lawsuit, so you should not wait to discuss your case with a legal professional.
The rules are a bit different if you experienced sexual abuse as a minor. If you have told a licensed medical provider (including a mental health care provider) about the sexual assault, you have until your 24th birthday to file a civil lawsuit. If you have not disclosed the sexual assault to any licensed medical provider, the clock does not start ticking until you do so. This means that you can still file a civil lawsuit after you turn 24 if you have not told a licensed medical provider about the crime. You have three years from the date you do disclose the sexual assault to a licensed medical provider to bring a lawsuit.