I was sexually assaulted in Nevada. Can I sue the perp?

Victims of sexual assault in Nevada may be able to bring a civil lawsuit against the perpetrator based on the law of battery, false imprisonment, and/or intentional infliction of emotional distress in Nevada

1. Whom to sue

If you are a sexual assault victim, clearly you can sue the people who physically raped you. In addition, you may be able to sue anyone else whose wrongdoings may have allowed the assault to occur.

Example: Leah lives in a dorm at UNLV. One day the lock to her door breaks. She informs Res-Life right away and repeatedly asks them to fix it, but they never do. One night a vagrant enters Leah’s room and sexually assaults her. Leah could sue UNLV for negligence for failing to fix her lock, which made her vulnerable to being physically harmed.

Certainly, Leah, in the above example, could also sue the vagrant. However, chances are that UNLV has much deeper pockets and could pay a much higher settlement.

2. What to sue for

Nevada civil law does not have a specific “sexual assault” or “rape” cause of action. Instead, there are various civil wrongs (called “torts”) that you may sue for. Four common assault-related causes of action in Nevada are:

1. battery
2. false imprisonment
3. intentional infliction of emotional distress
4. negligence

Battery

Battery is a broad civil cause of action that comprises any type of illegal physical touching. You have to prove the following four elements in order to prevail on a battery claim:

1. The defendant willfully and unlawfully used physical force or violence on you;
2. The defendant intended to cause harmful or offensive contact;
3. The harmful and offensive contact did in fact occur; and
4. The harmful and offensive contact caused your damages.¹

One benefit of suing for battery is that you do not have to show that the defendant physically penetrated you. All you need to show is that unlawful physical touching occurred, which can include such actions as holding down, choking, or groping.

False imprisonment

Like it sounds, false imprisonment is physically trapping you. Specifically, you have to prove the following four elements in order to prevail on a false imprisonment claim.

1. The defendant acted with the intention of confining you within boundaries fixed by the defendant;
2. You did not consent to the confinement, which violated your right to be free from restraint of movement;
3. You were conscious of the confinement or were harmed by the confinement; and
4. The confinement caused your damages.²

Since you are presumably physically restrained during the attack, you can sue for false imprisonment as well as battery.

Intentional infliction of emotional distress

It is self-evident that sexual assault causes not only physical harm but also mental harm. You have to prove the following three elements in order to prevail on a claim of “intentional infliction of emotional distress”:

1. The defendant acted with extreme and outrageous conduct with either the intention of — or reckless disregard for — causing emotional distress;
2. You suffered severe or extreme emotional distress; and
3. The defendant’s conduct caused your emotional distress.³

Note that “intentional infliction of emotional distress” is often abbreviated IIED. It is also called the “tort of outrage.”

Negligence

You may have a negligence lawsuit against anyone whose actions (or lack of action) allowed the rape to occur. You have to prove the following four elements in order to prevail on a claim of negligence:

1. The defendant owed a duty of care to you;
2. The defendant breached that duty;
3. The breach was the legal cause of your injuries; and
4. You suffered damages.⁴

When suing for negligence, you never need to show that the defendant purposely put you in harm’s way. Instead, you just need to show that the defendant failed to behave how a reasonable person would act under the circumstances, and that failure provided the opportunity for the injury to occur.

3. When to sue

Child victims

If you were a child under 18 when you were sexually assaulted, you have 20 years to sue after either:

• you discover — or reasonably should have discovered — that sexual abuse caused your injuries; or
• you reach 18 years old (whichever occurs later)⁵

Example: Jill is sexually abused by her uncle as a child. Jill develops a bladder disorder that she endures stoically until age 21 when she goes to the ER for urinary retention. The doctor informs her that her disorder stems from trauma to her vaginal wall. Since Jill just learned that the injuries were caused by the abuse, Jill now has 20 more years (until she is 41) to sue her uncle for sexual abuse.

Adult victims

If you were at least 18 when the sexual assault occurred, you can sue the perpetrator at any time.⁶

4. Damages

As a sexual assault victim, you can sue for various compensatory damages to cover your expenses for:

• medical bills (including mental health counseling),
• lost wages,
• loss of future earnings,
• pain and suffering, and
• attorney’s fees

Should the case go to trial, your attorney would also fight for large punitive damages. Depending on the case, punitive damages can be as much as three times the amount of compensatory damages or more.⁷

You can also ask for “injunctive relief,” such as an order for the defendant to stay away from you. However, the judge would not be able to order the defendant to go to prison. Only a judge in a criminal case can impose incarceration.

5. Burden of proof

As a plaintiff in a personal injury lawsuit, you generally have the burden to prove your cases by a “by a preponderance of the evidence.” In plain English, this means that the defendant more likely than not caused your injuries.⁸

Common evidence in sexual assault cases include:

• video footage,
• text or voice communications,
• eyewitnesses,
• rape kit results,
• medical records, and
• expert medical testimony

Note that the burden of proof is very different in civil and criminal cases: If a prosecutor is charging a person with rape in Nevada, the prosecutor has the burden to prove guilt “beyond a reasonable doubt.”

“Beyond a reasonable doubt” is a much higher standard than “by a preponderance of the evidence.” Therefore, it is easier for an alleged rapist to be found liable in civil court than to be found guilty in criminal court.

6. Defenses

Defendants being sued for damages arising from a sexual assault might fight back by arguing:

• the rape never took place,
• you consented to whatever sexual acts took place, and/or
• you are falsely accusing the defendant out of anger or revenge or a misunderstanding

Note that the defendant may try to intimidate you by counter-suing, such as for defamation and/or harm to reputation.

7. Criminal charges

If you are a sexual assault victim, you may choose to file a police report against your rapist in addition to — or instead of — filing a civil lawsuit. You have no obligation to file a police report prior to initiating a civil lawsuit.

If you wish to file criminal charges, you are strongly advised to have an attorney help you compose your victim statement. Lawyers are skilled in conveying what exactly the perpetrators did, and what the prosecutors should charge them with.

Sexual assault is the most serious crime in Nevada after murder, carrying a possible sentence of life in prison. Learn more about the Nevada crime of sexual assault under NRS 200.366.

Additional resources

The rise of #MeToo and Time’s Up are proof that victims of sexual violence are being believed and taken seriously more now than ever before. If you are a survivor, please seek help. Selected resources are:

• RAINN – National sexual assault hotline providing free, confidential support for survivors 24/7.
• Crisis Support Services of Nevada – Free, confidential 24/7 support to survivors throughout Northern Nevada.
• Signs of Hope – 24/7 rape crisis hotline.
• The Nevada Coalition to End Domestic and Sexual Violence – Statewide advocacy, education and support of the front-line organizations that help victims.
• Nevada Victims of Crime Program – Financial assistance for survivors.

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Legal References