Albuquerque Sexual Abuse Attorney

Sexual abuse can leave lasting effects on a victim and his or her family. Though the perpetrator may be serving time or facing criminal charges, victims can also file civil charges to compensate for the material and intangible losses that result from such a traumatic experience. If you or a loved one experienced sexual abuse, contact the personal injury lawyers at Fine Law Firm in New Mexico today to discuss your legal options in a free initial consultation. Let us demand compensation for your injuries and help you through this difficult time.

Why Choose Us?

Albuquerque families have been turning to the Fine Law Firm to serve their legal needs for over forty years. Here’s why we’re uniquely equipped to handle your case:

• We maintain close and personal contact with our clients and treat them like family. We pride ourselves on offering useful and candid legal advice.
• We operate our firm on a contingency-fee basis – this means you’ll never owe any legal fees unless we secure a settlement or court judgment on your behalf.
• We have a reputation in our community as being leaders in law. Other legal professionals refer their cases to us. We also speak in our communities on behalf of the Bar Association and teach at local law schools.
• We’re trial-tested lawyers and will take your case to court if it means getting the compensation you deserve.

Why Do You Need an Albuquerque Sexual Abuse Lawyer?

Being a victim of sex abuse can take a lasting toll. In order to begin the healing process, you and your family will want any legal matters resolved as quickly as possible. Sex abuse cases involve matters of state tort law, so it’s essential to have an attorney who is familiar with these legal processes guide you through your options. With an Albuquerque sexual abuse attorney by your side, you can file a claim for damages and collect the compensation you need to heal and begin the recovery process.

What Is Sexual Abuse?

Sexual abuse can refer to many different sex crimes and acts of sexual violence committed against a victim. Any sexual contact that is made against an individual’s will or without their knowledge or consent can constitute sexual abuse.

While the terms “sexual abuse” and “sexual assault” are often used interchangeably, sexual abuse generally means ongoing sexual misconduct or a pattern of sexual violence over a period of time. Sexual assault is more often used to refer to a single or isolated sex crime.

Examples of Sexual Abuse and Assault in New Mexico

Many different acts committed against another person can fall under the definition of sexual abuse in New Mexico. Any sexual activity involving a minor, for example, is against the law, as the age of consent in New Mexico is 17 years old.

The following are examples of sexual abuse:

• Unwanted or nonconsensual touching of the private parts
• Stroking an individual with sexual intent
• Kissing, hugging or groping
• Exposing one’s private parts in public
• Sexual exploitation
• Rape or attempted rate
• Statutory rape
• Oral, vaginal or anal penetration
• Forced oral copulation
• Child molestation
• Child pornography

Perpetrators of sexual abuse and assault may target those who are vulnerable, such as children and the elderly. They may groom their subjects, or manipulate them with calculated relationship-building over time. Offenders often abuse positions of authority or use power imbalances to take advantage of their victims.

Types of Sex Abuse

Several different kinds of sex abuse exist:

• Sexual assault. Sexual assault is a broad term that encompasses any unwanted touching or fondling, as well as rape. It may also involve forcing someone to perform sexual acts under the threat of fear, intimidation, or physical force.
• Intimate partner sexual violence. Domestic violence, including domestic sexual assault, is a serious crime. Partners who engage in the unwanted sexual touching or rape of another can face both criminal and civil charges.
• Drug-facilitated sexual assault. Perpetrators may use drugs or alcohol to remove a person’s ability to consent to sexual activity.

Who Is Liable?

If you have been a victim of sexual violence, you can file a civil claim for damages on top of any criminal charges that a defendant is facing. However, the claim you file might not be against the defendant himself or herself.

Determining the liable party will depend greatly on the unique circumstances of your case. For example, if a sexual assault occurred on a college campus, the university may be proximally liable on the grounds of negligent security. An Albuquerque, NM sexual abuse attorney can help you determine who is liable for your experience and hold them accountable for damages.

What Damages Can I Recover?

You can collect damages from both the material and intangible damages that result from your experience. These take a few forms.

• Economic damages – include quantifiable expenses associated with your experience. Examples include medical bills, any missed time from work, and the costs of ongoing treatment, such as therapy.
• Non-economic damages – seek to compensate for the general losses you suffer – physical pain, suffering, emotional anguish, and loss in life quality.
• Punitive damages – serve to punish the liable party for the reckless or grossly negligent conduct that contributed to the incident.

Can I Pursue Both Criminal and Civil Cases Against My Abuser in Albuquerque?

Yes, you can pursue cases against a sexual abuser in both the criminal and civil justice systems in Albuquerque. A criminal case will be initiated by a city prosecutor, not by you. However, you can express your willingness to cooperate with the case and investigation, and may be asked to act as a witness during the criminal process against the perpetrator.

The purpose of a criminal case is to hold a defendant accountable for breaking the law and impose penalties such as a jail sentence or required registry on the public Sex Offender List. The purpose of a civil case, on the other hand, is to obtain financial justice for the survivor for damages resulting from the sexual abuse. Both types of legal action are available since they exist in separate legal systems.

The victim or victim’s family must initiate a civil sexual abuse case in Albuquerque. You can enlist the help of a personal injury lawyer to file a lawsuit against your abuser before New Mexico’s deadline. The burden of proof is lower in a civil case than a criminal case; it is a “preponderance of the evidence,” or more likely to be true than not true, rather than “proof beyond a reasonable doubt.”

How Do I File a Sexual Abuse Lawsuit in Albuquerque?

If you are considering filing a sexual abuse lawsuit against a perpetrator and/or institution in Albuquerque for your injuries and losses, start by seeking counsel from an attorney who specializes in sexual abuse law. During a free and confidential consultation at The Fine Law Firm, a lawyer will listen to your story and believe you. Then, we will list your legal options to help you choose the best way to proceed.

An attorney will help you gather evidence and document the sexual abuse with police reports, witness statements, medical records, photographs, expert testimony and other forms of proof. Then, your lawyer will fill out legal paperwork for you and file your lawsuit in the correct civil courthouse before New Mexico’s statute of limitations expires. An attorney will draft and file your complaint or petition for you.

After the paperwork is served on the defendant(s), your case may enter into insurance settlement negotiations or proceed to the discovery phase, which is a precursor to a sexual abuse trial. You can trust your lawyer to use compelling evidence and storytelling to help you take control of your narrative during your claim. Working with a lawyer from the beginning of your case can help you obtain the outcome that you deserve.

How Long Does the Process of a Sexual Abuse Lawsuit Typically Take in Albuquerque?

The answer to this question depends on the facts of the case, as the duration of a sexual abuse lawsuit in Albuquerque can vary widely based on the circumstances. A straightforward settlement may take around six to eight months, while a sexual abuse civil trial in New Mexico can take one year or longer. Hiring an experienced attorney to represent you can make the legal process as fast and efficient as possible.

How Long Do I Have to File a Sexual Abuse Claim in New Mexico?

Currently, the civil statute of limitations for adult survivors of sexual assault and abuse in New Mexico is three years from the date of the last incident, according to N.M. Stat. § 37-1-8. This is the same as the general personal injury statute of limitations, as New Mexico does not have a special deadline for sexual abuse claims.

This law states:

• Section 37-1-8 – Actions against sureties on fiduciary bonds; injuries to person or reputation

• Actions must be brought against sureties on official bonds and on bonds of guardians, conservators, personal representatives and persons acting in a fiduciary capacity, within two years after the liability of the principal or the person for whom they are sureties is finally established or determined by a judgment or decree of the court, and for an injury to the person or reputation of any person, within three years.

However, childhood sexual abuse survivors have until their 24th birthday or three years from the date that someone disclosed the abuse to a licensed care provider – whichever is later – under N.M. Stat. § 37-1-30:

• Section 37-1-30 – Action for damages due to childhood sexual abuse; limitation on actions

• An action for damages based on personal injury caused by childhood sexual abuse shall be commenced by a person before the latest of the following dates:

• the first instant of the person’s twenty-fourth birthday; or 

• three years from the date that a person first disclosed the person’s childhood sexual abuse to a licensed medical or mental health care provider in the context of receiving health care from the provider.

It is critical to take swift legal action if you wish to pursue a civil lawsuit against one or more parties for sexual abuse in Albuquerque. If you miss your statute of limitations, you will most likely lose the ability to hold someone accountable and recover financial compensation.

Reach Out To Us Today

The Fine Law Firm provides high-quality legal representation to sexual abuse and assault survivors in Albuquerque. Our team has the experience, knowledge and resources to fight for justice on your behalf. As a survivor of any type of sexual abuse in Albuquerque, contact us without delay for personalized legal counsel.

If you or a loved one has been a victim of sexual violence, you don’t have to suffer in silence. Contact the Fine Law Firm today to schedule a free case review with an Albuquerque personal injury lawyer.