Albuquerque Sexual Abuse Lawyer

Albuquerque Sexual Abuse Attorney

If you are ever made a victim of sexual abuse, it can affect many different aspects of your life, including your mental health, emotional health, and self-esteem. Sexual abuse can happen in so many different ways. It may sometimes be difficult to understand that what you’ve been through is considered sexual abuse, but an experienced Albuquerque sexual abuse lawyer can help you figure out the situation and how to pursue financial compensation for it.

Different Types of Sexual Abuse

There are many different kinds of behavior that can be considered sexual abuse, even same-sex sexual harassment, which can happen in the workplace and can be widely ignored. When sexual abuse does happen, it is important to understand that you have options on what you can do next. You should consult with a sexual abuse lawyer to figure out those next steps. Some different examples of types of sexual abuse that you can pursue civil litigation after include:

• Molestation: Molestation is the act of engaging in sexual behavior with a minor under the age of 18. This can include touching, groping, exposing oneself, and taking pornographic photos. Since a minor cannot legally consent, this is illegal even if the minor gave permission.
• Rape: Rape is the criminal sexual penetration of someone against their will and without their express consent. Under New Mexico state law, the unwanted criminal sexual penetration of another person is a second-degree felony, which carries a minimum prison sentence of three years that cannot be deferred.
• Statutory Rape: Statutory rape is defined as a legal adult engaging in sexual conduct with a minor under the age of 16, regardless of consent. Even if the minor consented to the sexual activity, the legal adult can still be charged with statutory rape.
• Verbal Abuse: Verbal sexual abuse involves using spoken or written words to express unwanted sexual desire and make the intended victim feel vulnerable, uncomfortable, and frightened. Examples of verbal sexual abuse include crude sexual jokes, unwanted teasing about someone’s physical characteristics, casual comments about someone’s physical development, describing graphic sexual situations, or sexting.
• Covert Abuse: Covert sexual abuse often happens without the victim’s knowledge, which makes this form of sexual abuse particularly dangerous. Covert sexual abuse includes stalking, cyber harassment, social media stalking, being photographed against your will, and being followed. This form of abuse is largely characterized by the abuser attempting to get some form of sexual satisfaction without the victim knowing of their existence.
• Physical Abuse: Physical sexual abuse is non-consensual sexual touching, groping, kissing, tickling, cornering, fondling, restraining, and other forms of sexually charged touching. Physical sexual abuse is often influenced by a disparity in power between the abuser and the victim.
• Visual Abuse: Visual sexual abuse occurs when someone exposes another person to pornographic images against their will and without their express consent. Forcing someone to look at pornography when they have made it clear they don’t want to is considered sexual abuse.
• Grooming: Grooming occurs when would-be sex offenders attempt to build trust with a minor and the adults around the minor in order to prepare them for a sexual relationship or to get the minor alone with them. Grooming often leads to sexual relationships with a significant power disparity between the abuser and the victim.

Fighting to hold the guilty party accountable begins with acknowledging their actions were illegal by identifying exactly how they sexually abused you. An attorney can help.

FAQs

What Is the Statute of Limitations for Sexual Assault in New Mexico?

New Mexico does not have a set statute of limitations for all criminal sexual assault charges. However, sexual assault survivors are currently able to file a claim against their abuser within three years, per New Mexico statute 37-1-8. You’ll have three years to file an assault claim to try and seek damages in a personal injury case. A personal injury attorney can help you determine if the statute of limitations has passed for your circumstances.

What Is the Penalty for Sexual Assault in New Mexico?

The penalty for sexual assault in New Mexico depends largely on the details of the case and the age of the victim. The prosecution will determine appropriate charges and criminal penalties will be applied if the defendant is found guilty. Even if a prosecutor chooses not to pursue criminal charges, you can still pursue civil litigation.

What Are Some General Signs of Sexual Abuse?

While not every sexual abuse victim will exhibit the same signs of trauma, there are some general signs you can try to be aware of. Keep in mind that not all of this means someone has been sexually abused. Some signs of sexual abuse include:

• Avoidance of specific people for unspecified reasons.
• Self-harming behavior.
• Insomnia or nightmares
• Mood swings
• Depression
• Anxiety
• Personality changes
• Burning in the genital area

What Percentage of Sexual Assault Cases Are Found Guilty?

The percentage of sexual assault cases in Albuquerque, NM that result in a guilty verdict is not all that high. Many sexual assaults go unreported out of fear, shame, confusion, or a lack of faith in the judicial system to deliver justice. It can be hard to prove that sexual assault ever even happened. The abuser can argue that the victim consented, and without physical evidence, it can be hard to prove without a reasonable doubt. Fortunately, civil and criminal cases have lower standards of proof to meet.

Reach Out to an Experienced Sexual Abuse Lawyer Today

Dealing with the aftermath of sexual abuse can be overwhelmingly painful, whether it happens to you or to a loved one. The last thing you might want is to relive such a traumatizing experience, but professional support can make all the difference. An experienced sexual abuse lawyer can help you figure out what to do with the utmost care and respect.

The legal team at Egolf + Ferlic + Martinez + Harwood, LLC, can help you develop your case, gather evidence, and work tirelessly to make sure you are compensated for what you have been through. Reach out to speak with one of your valued team members today.