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Suing for Emotional Distress After Being Raped...

by Taylor
(Oklahoma)

Last year I was raped by my stepfather. I told my mom straight away, but she didn't believe me and continually left me alone in the house with this man until she kicked me out of the house to go live with my father. My dad and I plan on pressing charges, but what about suing for emotional damage?

This is my dad's idea, and if we won, the money would go to me. I've been going to counseling twice a week, and I continue to have nightmares and I always have this nagging thought that it could happen again (I'm 16 by the way).

It has affected my ability to trust. I'm very sensitive and it's all I can do to not fall apart at school. Should I press charges against my stepfather AND sue for emotional damage, or just do one or the other?

Disclaimer: Information provided in your response is not formal legal advice, it is generic legal information and is based on the very limited information given in your question. You should always get a formal case evaluation from a licensed attorney.

Comments for
Suing for Emotional Distress After Being Raped...

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Criminal vs. Civil
by: Law Lady

Because the criminal and civil systems are separate, you can actually sue someone in both courts.

As far as your emotional distress, because you are alleging rape, the cause of action would actually be Intentional Infliction of Emotional Distress as well as the tort of assault (if you were placed in fear of immediate bodily harm) as well as battery (since he physically caused harmful and offensive touching with the rape).

You should also consider contacting your state's victim compensation fund which would be found on your state's governmental website. Often Victim's Compensation will provide resources and settlements to assist victims of crime with their needs such as counseling.

What's more, the perpetrator does not need to be convicted in order to qualify for these resources. They are state specific, however so you will need to check and see if your state provides this benefit.

Since laws change frequently and across jurisdictions you should get a personalized case evaluation from an attorney licensed in your state (if you haven't already). Find an experienced local attorney to give you a FREE personalized case review here.


Best of luck,

Law Guy


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