Aggravated Sexual Assault of a Child

We Represent Families In Cases Involving Aggravated Sexual Assault of Children

This is an active lawsuit and none of the allegations against the defendant(s) have been proven. The contents of this page reflect the allegations in the litigation.

Attorney Lynette S. Byrd
Sexual Abuse and Sexual Assault Team Lead
Former DOJ Attorney

If your child is a victim of aggravated sexual assault or continuous sexual abuse, it is important that you speak with a lawyer about taking legal action. Hopefully the perpetrator was arrested, and hopefully the perpetrator will stand trial. But even if the perpetrator is convicted and sentenced in criminal court, this unfortunately will do little to help your family with your child’s coping and recovery.

In cases of aggravated sexual assault of a child, filing a civil lawsuit can be critical for establishing accountability and ensuring that child victims and their families have the resources they need for the future. While a criminal conviction can result in fines and prison time, it takes a civil lawsuit to recover the financial compensation that child victims and their families deserve.

5 Important Facts for Parents Whose Children are Victims of Aggravated Sexual Assault

At Oberheiden Law Group, we are committed to helping families that are coping with the effects of aggravated sexual assault of a child. We have extensive experience—including prior experience prosecuting crimes at the U.S. Department of Justice—and we are passionate about using our experience to help families in their times of need.

If your child is a victim of aggravated sexual assault, here are five important facts you need to know:

1. The Perpetrator’s Criminal Case Will Not Result in Financial Compensation for Your Family

While it is important that the sex offenders face sexual assault charges, the perpetrator’s criminal case will not result in financial compensation for your family. In the United States there are two separate judicial systems—criminal and civil—and claims for financial compensation are handled in civil court.

2. Seeking Financial Compensation for Aggravated Sexual Assault of a Child Involves Filing a Civil Lawsuit

This means that seeking financial compensation for aggravated sexual assault of a child involves filing a civil lawsuit. When you hire a lawyer to represent your family, your family’s lawyer will conduct a thorough assessment of the claims your family is eligible to file, assess your family’s likelihood of recovering financial compensation through a civil lawsuit, and then help you decide how to proceed.

3. Businesses and Other Organizations Can Be Held Liable for Child Sexual Assault in Many Cases

While seeking just compensation may involve filing a civil lawsuit against the perpetrator, it may involve filing a lawsuit against one or more businesses or organizations as well. Child care facilities, public schools and private schools, children’s gyms, hospitals, and other entities can all be held liable for failing to take adequate steps to protect children from aggravated sexual abuse.

4. Filing a Civil Lawsuit Provides the Opportunity to Seek Compensation for Your Child’s (and Your Family’s) Financial and Non-Financial Losses

In all cases, filing a civil lawsuit provides the opportunity to seek compensation for child victims’ and their families’ financial and non-financial losses. This includes (but is not limited to):

Medical bills and other out-of-pocket expenses
Loss of earning potential
Pain, suffering, and emotional trauma
Loss of companionship, society, services, and support
Loss of enjoyment of life

All of these losses can have profound impacts on child victims and their families. Our lawyers can help you understand the losses your family is entitled to recover, and then you can factor this into your decision-making regarding your next steps.

5. The Financial and Non-Financial Costs of Child Sexual Assault Can Last a Lifetime

When deciding whether to take legal action, it is important not to focus only on the immediate costs of your child’s victimization, but on its long-term costs as well. The financial and non-financial costs of child sexual abuse can truly last a lifetime, and this can make it critical for parents, guardians, and other loved ones to file a civil lawsuit.

Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester

Former U.S. Attorney

Hon. Kevin McCarthy

55th Speaker, U.S. House of Representatives (ret.)

Government Consultant

Mike Pompeo

Of Counsel

Former U.S. Secretary of State

John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara

Federal Appeals Attorney

Nicholas B. Johnson

Former Prosecutor

Roger Bach

Former Special Agent (DOJ)

Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen

Former Supervisory Special Agent (FBI)

5 Important Facts to Know About Working with the Child Sexual Assault Lawyers at Oberheiden Law Group

If your child is a victim of aggravated sexual assault, engaging a law firm is the first step toward filing a civil lawsuit. Here are five important facts to know about working with the child sexual assault lawyers at Oberheiden Law Group:

1. We Will Provide You with the Information You Need to Make Informed Decisions About Your Family’s Next Steps

We understand that you are dealing with an unfamiliar and extraordinarily difficult situation. From your free initial consultation through the conclusion of our legal representation, we will provide you with the information you need to make informed decisions about your next steps.

2. You Are Under No Obligation to Move Forward

Scheduling a free consultation at Oberheiden Law Group does not obligate you to move forward. We are more than happy to answer your questions and provide guidance regardless of whether you ultimately decide to take legal action.

3. You Will Not Pay Anything Out-of-Pocket

If you decide to take legal action, you will not pay anything out-of-pocket for our legal representation. We handle child aggravated sexual assault cases on a contingency-fee basis for families, which means that our legal fees (if any) will be calculated as a percentage of the financial compensation we help your family recover.

4. Our Team of Former Federal Prosecutors and Investigators Will Work Diligently to Assert Your Family’s Legal Rights

Along with former U.S. Department of Justice attorneys, our team also includes former investigators with the Federal Bureau of Investigation (FBI) and other agencies. Our former federal prosecutors and investigators will work diligently to investigate your family’s case and take legal action on your family’s behalf.

5. We Are Passionate About Doing What is Best for Our Clients

Above all, we are passionate about doing what is best for our clients. If your child is a victim of aggravated sexual assault, we sincerely want to help you, and we will do everything we possibly can to help your family begin the process of moving on.

FAQs: Taking Legal Action Following Aggravated Sexual Assault of a Child

What Constitutes Aggravated Sexual Assault of a Child?

Aggravated sexual assault of a child is a criminal offense that is defined by state law—and each state’s laws are slightly different. Generally, sexual assault involves any form of nonconsensual sexual contact, a sexual act that may cause imminent serious bodily injury, or certain sex crimes involving non-physical acts, while the “aggravated” nature of the offense typically involves a child under a specific age or a significant age gap between the perpetrator and the alleged victim.

With that said, it is important to understand that this is the criminal definition of aggravated sexual assault of a child. In civil cases, the burden of proof is different. Our lawyers can explain whether your family has grounds to take legal action under the circumstances at hand.

How Do You Prove Child Aggravated Sexual Assault?

There are various ways to prove child aggravated sexual assault. The child’s medical records after the sexual intercourse or other sexual conduct are often key evidence—and this is just one reason why it is important to see a doctor as soon after a child sexual assault as possible. In some cases, the child’s statements can serve as evidence as well, although it is important to be very careful when talking to young children about their victimization. Our lawyers are sensitive to this issue, and we can help you engage mental health professionals and other experts as necessary to assist you with making informed decisions.

How Can Parents Take Legal Action When Their Child Has Been Sexually Assaulted?

For parents whose children are victims of aggravated sexual assault, taking legal action involves engaging a law firm to file a civil lawsuit. This civil lawsuit will be entirely separate from the perpetrator’s criminal case. While the prosecutor’s criminal case may lead to fines and prison time, filing a civil lawsuit allows parents to seek financial compensation for their (and their children’s) financial and non-financial losses.

Can I File a Civil Lawsuit if the Person Who Sexually Assaulted My Child Hasn’t Been Arrested?

In child aggravated sexual assault cases, an arrest is not necessary for the child’s parents to file a civil lawsuit. With this in mind, you can—and should—talk to a lawyer as soon as possible if your child has been victimized. Since the burden of proof in criminal cases is different from the burden of proof in civil cases, families can often file successful lawsuits regardless of whether prosecutors believe they have enough evidence to seek a conviction.

How Much Does it Cost to Hire a Lawyer for Aggravated Sexual Assault of a Child?

Hiring a lawyer for aggravated sexual assault of a child costs nothing out-of-pocket. At Oberheiden Law Group, we do not charge any up-front or hourly fees in these types of cases. Instead, we provide representation on a contingency-fee basis, and we discuss our contingency fees with our clients during their free initial consultations.

Contact the Child Sexual Assault Lawyers at Oberheiden Law Group for Free

If you need to know more about filing a civil lawsuit for aggravated sexual assault of a child, we strongly encourage you to get in touch. To speak with an experienced child sexual assault lawyer at Oberheiden Law Group for free, please call 866-781-9539 or tell us how we can reach you online today.

Further Information About Our Lawyers for Victims of Sexual Abuse and Sexual Assault Lawsuit Services

Disclaimer:
The content on this site is informational only and describes mere allegations. The content does not suggest evidence, proof, or guaranteed liability. The merits of each case depend on specific facts. Prior results do not guarantee similar outcomes in future cases. For more details, please see our FTC and general disclaimers. Oberheiden Law is the law firm in charge.