A statute of limitations (SOL) sets the amount of time a victim or prosecutor has to file a lawsuit. Typically, if you file a lawsuit after the SOL expires, your case will be dismissed. Wyoming has different criminal and civil sexual abuse statutes of limitations.
It is important to report sexual abuse as quickly as possible. Early investigation may lead to stronger evidence in your case. Additionally, the statute of limitations that applies is the one that existed at the time of the abuse. This means that even though the SOL may have been lengthened since the incident, it typically cannot renew time-barred cases.
Civil Lawsuits for Sexual Abuse
In a civil lawsuit, a victim of sexual abuse demands compensation and damages from his or her abuser. You may be entitled to economic and non-economic damages, including compensation for your pain and suffering.
If you need help calculating the SOL in your case, contact a personal injury lawyer.
If sexual abuse occurs at your workplace, you may also have a sexual harassment lawsuit under federal law. You must file a complaint (or charge) with the Equal Employment Opportunity Commission (EEOC) within 300 days of the sexual abuse or harassment. The EEOC will investigate your claim and determine whether it will pursue a lawsuit on your behalf. If it decides not to litigate your claim, it will issue a Right to Sue letter. You must file a lawsuit within 90 days of the EEOC’s Right to Sue letter.
What Is Criminal Sexual Abuse?
Criminal sexual abuse occurse when a perpetrator commits an act with the intent to harass, abuse, humiliate, or degrade someone else. The main categories of sexual abuse in Wyoming include sexual assault and sexual abuse of a minor.
It is important to note that, in Wyoming, the term rape is not specifically used. Instead, this conduct, as well as other forcible sexual acts, is classified under the broader term of sexual assault.
It is also important to be aware that Wyoming does not use the term aggravated to charge sexual assault crimes. Instead, the charges will fall under Sexual Assault in the First Degree.
The severity of charges for Sexual Abuse of a Minor will be determined by the age of the victim as well as the type of conduct.
What Are the Criminal Penalties for Sexual Abuse Convictions?
In the State of Wyoming, the penalties a defendant may face for a sexual abuse conviction can range from a misdemeanor jail sentence to up to 50 years to life in prison. This will be determined by the severity of the offense and the age of the victim.
When a defendant is convicted of a sex-related offense, they may have to register as a sex offender. This will require them to provide their personal information in a state or national database, such as their address, where they work, and physical identifiers, for example, scars or tattoos.
These sex offender databases can be accessed by members of the public. A defendant may be required to register for a period of time, such as a year, or for a lifetime, depending on their sentence.
Criminal Cases for Sexual Abuse
Criminal cases are filed by the State of Wyoming on behalf of a victim. In order to file criminal charges, you must notify law enforcement of the sexual abuse. The authorities will investigate your claims and a prosecutor may file charges against your abuser. If a suspect is found guilty of criminal conduct, he or she may be sentenced to significant jail time and sex offender registration.
Wyoming does not have a criminal statute of limitations. In other words, prosecutors may file criminal charges against an abuser at any time. However, it is important to report sex abuse as quickly as possible. A prompt investigation may lead to a stronger case against your abuser.
Other Compensation for Sex Abuse Victims
You may also apply for assistance from Wyoming’s Crime Victims Compensation Fund. Victims’ compensation payments help pay your crime-related medical treatment, lost wages, and other expenses. To receive victims’ compensation, victims must apply for benefits within one year of the act.
What Should I Do if I Am Charged With Criminal Sexual Abuse?
If someone has been charged with criminal sexual abuse, they should reach out to a local Wyoming attorney as soon as possible. These are very serious charges and a conviction can impact nearly every aspect of the defendant’s life, from finding employment to whether they can have custody or visitation rights.
A Wyoming attorney will be able to provide advice about the laws in the state, the steps they should take, and how to best proceed with their case. If an individual cannot afford a lawyer, they can be appointed a criminal defense attorney through the court system.
Are There Any Defenses to Criminal Sexual Abuse?
There may be defenses available to criminal sexual abuse charges, depending on the facts and circumstances of the case. A Wyoming criminal defense attorney will be able to evaluate the defendant’s unique case for specific defenses they can present.
In general, however, a defense that may be available is consent. A defendant may argue the alleged victim provided consent through their actions or words. It is important to be aware that marriage does not automatically provide consent and a spouse can be sexually assaulted.
Another potential defense may be diminished mental capacity or insanity. If a defendant has one of these mental states, they are not aware of their actions and, therefore, may be relieved of liability for their conduct. This defense, however, is difficult to prove and may result in the defendant being committed to a mental health treatment facility.
What if I Am a Victim of Criminal Sexual Abuse?
If someone has been a victim of any form of sexual assault or other type of sexual abuse incident in Wyoming, they should immediately inform local law enforcement. Once law enforcement receives notification of the incident, they will conduct an investigation and determine if sufficient evidence exists to submit the case to the local Wyoming District Attorney’s Office for review. If the DA determines there is enough evidence, the perpetrator will be prosecuted.
A victim can also file a civil lawsuit against the perpetrator. In order to do so, they should consult with a Wyoming civil lawyer for sexual abuse victims with experience in handling cases involving victims of abuse or sex crimes, such as a personal injury lawyer.
It is important to be aware that criminal penalties are different from civil compensation. Civil cases are usually filed so that the victim can receive monetary compensation from the perpetrator.
Do I Need a Lawyer?
It may be in your best interest to contact a lawyer. Sexual assault and abuse claims are emotionally difficult. They also involve detailed legal analysis and strict procedural rules. A personal injury lawyer can guide you through the process, educate you about your rights, and offer much-needed emotional support. You should also report the abuse to a law enforcement agency.
If you are facing sexual abuse charges and prosecution, a criminal defense lawyer can help you understand your rights. Time is of the essence, so talk to an attorney as soon as possible.
