Sexual assaults are some of the most underreported and under-prosecuted crimes. For victims of sexual assault, reporting these crimes may be an incredibly difficult action to take due to the emotional truama and suffering they may have endured as a result of the attack. Beyond the intense trauma that is suffered by victims of these crimes, the social stigmas that surround victims of sexual harassment and assault often put blame on the victim, rather than condemning the deviant actions of the attacker. A civil lawsuit against the sex offender can often be a better option for victims of sexual assault. This is because the burden of proof in a civil case is far lower than in a criminal case. A civil case need not be proven beyond a reasonable doubt, which is what is required in a criminal case. A good example would be the OJ Simpson trials, where he was found not guilty in the criminal trial, but liable in the civil trial, for millions of dollars.

Unfortunately, it is reported that less than 25% of rape survivors report their attacks to law enforcement. Even fewer of those reports lead to prosecution and convictions of the criminals who commit these devastating crimes. Civil lawsuits against the perpetrators are rare as well. This nationwide plight has had a damaging impact on communities, including Minnesota. If you have been the victim of sexual assault or rape, you do not have to stay silent about what has happened to you. You deserve justice for what your attacker has done. To get help understanding your legal rights following sexual assult or rape in Minnesota, contact the legal team at Knutson + Casey today to see if they can bring a civil claim for the assault.

The very same stigmas that infect our culture contribute heavily to the difficulties that relate to prosecuting rapists and criminals who have comitted sexual assault, and bringing civil lawsuits against them. Unfortunately, it is still very common for the public to make excuses and assumptions for why a victim was raped. These excuses often blame the victim, in relation to how he or she dressed, if they were under the influence of drugs or alcohol, or how the victim acted at the time of their attack. These social stigmas can leave doubt in law enforcement’s minds, and may lead to outright dismissal of the claims or charges by law enforcement. Further, police departments are often ill-equipped in many ways to handle sex assault cases.

Take for example a rape survivor who reported their case to law enforcement back in 2015. The officers investigating the case determined that her case did not need to go to a prosecutor. The attack occurred in 2015, yet the victim has yet to receive proper handling of the attack. This is all while the victim’s attacker has been convicted for other rapes, which could have been stopped.

Unfortunately, of the small fraction of sexual assaults cases that are actually reported to police in Minnesota, even fewer make it from the investigators to the prosecutors. Of that number, even fewer end up in convictions and justice for the victims. Criminal trials can be difficult for survivors of sexual assault. Recalling details can be difficult, as memories of traumatic events are often fragmented, and just thinking about the trauma may feel like they are reliving it. This may make it difficult to answer questions from judges and the defense, especially under high pressure and stress. At Knutson + Casey, we bring civil lawsuits against sex offenders to obtain justice, when other methods have failed, including failures of law enforcement to prosecute.

The current state of the legal system can be highly discouraging for a survivor of sexual assault. In addition to the fear of possible judgment from family and friends, the lack of compassion from law enforcement often leads to survivors choosing to never report their attack at all. Most rapes are committed by someone the victim knows, making it an even more frightening and harrowing choice to speak up.

While it may seem that there is no hope in reporting your case, changes are steadily occurring within the legal system to better protect victims of sexual assault and rape. Social movements like the #MeToo awareness campaign have started to increase knowledge about sexual harassment and assault and encourage more victims to speak out about what happened to them. These movements have had a staggering impact on the justice system and have been the grounds for change. Individuals are beginning to understand that rape is not a rare occurrence. Instead, rape and sexual assault is an all too prevalent problem in our society that needs a renewed approach and more attention to better handle investigations and victims of these crimes.

New technological advancements have also led to new developments within sexual assualt and rape cases. Technology such as new DNA tests are leading to more conclusive results, making it easier to determine attackers’ identities and prosecute cases. These advances have led to more reported attacks that end in convictions, giving survivors the closure and justice they deserve while also preventing future attacks.

If you have been the victim of sexual assault or rape in Minnesota, you may feel as if there is no hope for your case in regards to reporting it to the authorites. However, by reporting cases like yours and fighting for justice, we may begin to reduce the rate of others who are victims of assaults. In addition, the attorneys at Knutson Casey can bring a civil action against the perpetrator, for money damages. As a result of social reform and developments in DNA technology, our team of trusted attorneys are dedicated to contributing to a world where it’s possible for survivors to not only report their cases, but to win.

If you find yourself in the difficult situation of deciding whether to report a perpetrator, or bring a lawsuit against them,, we advise that your first step be seeking legal advice from the compassionate attorneys at Knutson + Casey. They have the experience and knowledge to give you the information you need to move forward with your case. Call our office at (507) 344-8888 or fill out our contact form and a trusted attorney will contact you.