Derek Smith Law Group / Rape and Sexual Assault Attorney / Rape and Sexual Assault Attorney in Philadelphia

Rape and Sexual Assault Attorney in Philadelphia

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Rape and sexual assault in Philadelphia are a serious problem that hurts real people. A person can be a man, woman, or child and the event can occur at any time of day in any place.

Yet, these victims often do not know their rights and do not know they can receive additional money for their suffering through civil court.

The case does not need to be won in criminal court for a civil case to be filed or won. For the past 25 years, the experienced attorneys at the Derek Smith Law Group in Philadelphia have helped victims of rape and sexual abuse get the justice they deserve.

What Is a Civil Claim for Rape and Sexual Assault in Philadelphia?

Rape and sexual assault are criminal actions. Many rape and sexual assault cases go unreported to the police, leaving victims without any opportunities to obtain justice.

However, once a victim reports the assault to the police and presses charges to bring the case to court, the victim has the right to also collect damages in civil court through a civil lawsuit.

The victim does not need to win his or her case in criminal court, yet he or she has the right to sue in civil court to attempt to collect damages and make him or her whole again.

What Is the Difference Between a Criminal Case and Civil Case for Rape and Sexual Assault in Philadelphia?

There are several differences between criminal court and civil court in Philadelphia rape and sexual assault cases. First, in criminal court, the rapist must be proven guilty beyond a reasonable doubt. This means that it may be more difficult to prove a rape case in Philadelphia criminal court. Philadelphia criminal court may offer some restitution, however, the amount is usually small and in no way covers the expenses associated with therapies, medical exams, and lost wages you often experience as the victim of rape or sexual assault. Furthermore, the Pennsylvania Crime Victim Compensation Assistance Program (VCAP) will only award a maximum of $35,000 to help cover your medical bills and/or lost wages.

Filing your claim in civil court in Philadelphia can have a much different outcome for several reasons. First, civil court only needs to prove that the rape or sexual assault could have happened. This is called a “preponderance of the evidence.” This means that even if the case is not won criminal court the rapist is allowed to roam the streets as a free man or woman, you can still file and win a civil lawsuit for rape or sexual assault. In addition, the amount of money awarded through civil court is much higher since it is not public money. You may be awarded thousands to even millions of dollars for your ordeal, as opposed to the amount given through restitution and VCAP.

What Are Some Examples of Rape or Sexual Assault Situations in Philadelphia?

Rape and sexual assault can happen in any situation, any place in time, and to anyone. Some victims question whether they were raped or sexually assaulted because of various reasons, such as, they eventually consented or there was no penetration. However, these types of issues do not necessarily mean that rape or sexual assault did not occur. Here are some examples of rape and sexual assault situations in Philadelphia:

Unwanted sexual contact
Sex with coerced or forced consent
Date rape
Sex while you are sleeping
Sex while impaired by drugs or alcohol
Violent sexual penetration
Unwanted sexual acts that do not include vaginal or anal penetration
Sexual acts between a teacher and minor student (consensual or not)
Unwanted sexual contact from a medical provider
Voyeurism
Flashing
Forcing a person to watch pornography

What Is the Statute of Limitations to File a Civil Case for Rape and Sexual Assault in Philadelphia?

Philadelphia’s time limit to file a lawsuit for rape or sexual assault depends on whether the victim is over or under the age of 18. A victim over the age of 18 has 2 years from the date of the incident to file a complaint in Philadelphia civil courts for rape or sexual assault.

A victim under the age of 18 is considered a minor. Philadelphia law allows a minor an additional 12 years from the date he or she turns 18 to file the claim in Philadelphia civil court.

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During the time that I really needed a good counselor and I was approaching different attorneys unfortunately before they heard the problem they were demanding a retainer fee. A friend of mine introduced me to the Derek Smith Law Group and I was very fortunate to be answered by Matt Finkleberg who was very polite and understanding and gave me a lot of confidence without asking for any fees in f... Read Full Testimonial

Sambiz Amini

Matt Finkleberg is by far the best attorney I’ve ever hired!

Tanya Scheer

Matt Finkelberg is an outstanding attorney. It was a pleasure to have him represent me for my employment case. He was very easy to talk to. He was very supportive and knowledgeable throughout the whole process. He explained the entire process to me and kept me informed every step of the way. Matt fought diligently throughout my case to make sure my case was represented best. I am very gratef... Read Full Testimonial

Phyllis Parker

Matt Finkelberg is a top notch lawyer. He is very easy to talk to and truly cared about me as his client. He definitely earned my trust and confidence in his capabilities to represent me in the most professional respects. I give Matt and his firm the Derek Smith Law Group my highest recommendation to anyone who is seeking legal help for employee/employer related matters.

Wally Peczon

Matt Finkelberg is a life saver. During this whole process not only did I have a great lawyer but I also made a great friend. Matt was very attentive to my case, and mental health. Matt helped me during probably the darkest time of my life and for that I am forever grateful to have came across the Derek Smith law group. As a past client, I 100% recommend Matt Finkleberg. Matt provides a safe sp... Read Full Testimonial

Tali Loya

It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial

Corey Kientz

matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough

Seedie Whiser

Corey Kientz

You will be in great hands at this firm! Alyssa the managing paralegal is an absolute professional who excels at what she does. You can tell she truly cares about providing the best service possible, and is passionate about helping her clients. With Alyssa at the helm, this firm is a top-notch choice for anyone seeking assistance. Highly recommend!

Marissa Shander

Matt Finkelberg is Amazing and Devotional! It was a pleasure to have Matt represent me for my employment case. He was very attentive, supportive, and knowledgable throughout the whole process. Whenever I reached out he responded promptly which I greatly appreciated. Matt fought diligently and hard throughout my case to make sure my case was represented best. Thank you again Matt for everything.... Read Full Testimonial

jessica gonzalez

Olivia is absolutely outstanding! She understands the emotional side of your case while being able to find the legal aspects of holding the employer accountable for breaking the law! Made a really terrible situation a little easier by explaining everything and helping me get everything in order and in the right hands. I would not use anyone else! Call them for any sexual harassment case... You ... Read Full Testimonialwon't be disappointed! 10/10

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What Remedies Are Available in Civil Court for a Rape or Sexual Assault Claim in Philadelphia?

Civil Court is where the victim is able to obtain compensation for the pain and suffering and loss of money resulting from rape. Some of the remedies available through the Philadelphia civil courts include:

Reimbursement of medical expenses
Payment for lost wages
Reimbursement for therapies and other related expenses
Pain and suffering
Emotional distress
Punitive damages

A Few Resources to Help Deal with the Aftermath of Rape or Sexual Assault

As a victim of sexual assault or rape, you will likely need the help of resources, friends, and family to help deal with the aftermath. Here are some resources that can help you recover from this ordeal:

RAINN. RAINN is the Rape, Abuse, & Incest National Network. The organization helps people who have been sexually assaulted or abused by providing a hotline and access to their partners, including therapists, medical providers, and any other resources a victim may need
Safe Horizon. Safe Horizon is an organization that helps rape and sexual assault victims find the resources needed to recover and move on from the attack.
1in6. 1in6 is a group designated to help men who are victims of rape and sexual assault. The organization provides resources for men as well as the Bristlecone Project, which shows portraits, videos, and written accounts of men who have been victims of sexual assault.

Verdicts & Settlements

Our results speak for themselves

$4.9 Million Settlement

Case Handled by The Derek Smith Law Group Attorney Catherine Lowry Schuylkill County, Pennsylvania The Derek Smith Law Group secured a $4.9 million settlement on behalf of multiple employees of Schuylkill County who came forward with allegations of sexual harassment,…

$1.5 Million Settlement

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County…

$2.78 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Zachary Holzberg United States District Court, Eastern District of New York…

$4.050 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County…

$1.6 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, Appellate…

Contact Our Experienced Rape and Sexual Assault in Philadelphia for Your Free Consultation

Rape and sexual assault are not anything to be taken lightly. Even when the assailant does not get the book thrown at him or her, you can bring them to civil court and make them pay with their wallet.

If you are the victim of rape or sexual assault, the experienced attorneys at the Derek Smith Law Group in Philadelphia can help. Contact us today at (215) 391-4790 for a free consultation. We do not collect any money until you win your lawsuit.

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If you experience any form of sexual harassment, our expert legal team is here to help you fight back immediately with strength. Please call us at 8800.807.2209 or email derek@dereksmithlaw.com.

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