Michigan Sexual Assault Attorneys

The Legal Rights of Michigan Sexual Assault Survivors

The legal rights of sexual assault survivors are derived from Title IX, the United States Constitution, and Michigan state laws. There are many complexities to pursuing justice in Michigan’s legal system, so the best way for survivors to pursue justice is to speak with an experienced attorney about their case.

The statute of limitations for sexual assault survivors in Michigan depends on a variety of factors, including the survivor’s current age, their age at the time of the assault, and other case details. In 2018, legislation was passed that extended the statute of limitations for victims of sexual assault in Michigan. Adults have from three to ten years to file criminal charges against a perpetrator and ten years to file a civil lawsuit. For victims of childhood sexual assault who were under the age of 18 at the time of the assault, the statute of limitations is extended to 15 years or by the survivor’s 28th birthday, whichever comes later.

Depending on the case details, sexual assault survivors can pursue justice through the criminal justice system and/or the civil justice system. Our firm represents victims in their pursuit of justice through civil lawsuits. Sinas Dramis Law Firm does not represent victims in criminal cases. Each system has its own unique function in achieving justice for survivors, as explained in the sections below.

Under Criminal Law

Michigan has enacted criminal laws to protect victims of sexual assault. Sexual assault survivors can file criminal claims against their perpetrator to pursue punishment for these criminal actions and protections against the perpetrator. The State enforces these laws, which give victims’ rights and access to relief including punishment of the perpetrator under the criminal penal code, notice of the perpetrator’s arrest and release, information regarding the status of criminal prosecution, evidence kit testing and results, and granting and enforcing a Personal Protection Order (PPO).

Criminal penalties for sexual assault in Michigan can include community service, probation, monetary fines, restitution, or prison time. These vary depending on the type and degree of the assault. A person’s criminal history may also factor into the penalty.

In the case that the perpetrator is deceased, survivors will not be able to pursue criminal charges for their case. However, in certain cases, a survivor may still have the opportunity to pursue justice through the civil justice system, such as in the case of survivors of the late Dr. Robert Anderson against the University of Michigan.

Under Civil Law

In certain cases, survivors of sexual assault may be able to pursue a civil lawsuit against an institution or entity if that third party had a duty to protect the survivor and failed to do so. In these instances, survivors can receive monetary compensation for their injuries, harm, losses, and other damages that resulted from the assault directly from the institution.

Civil lawsuits for sexual assault are important for not only a survivors’ recovery but in holding organizations accountable and solidifying protections to prevent future sexual assaults from occurring within that entity. Survivors in these cases need to prove that the organization or entity acted negligently in failing to provide protections that could have prevented the assault from occurring. These types of lawsuits are what our personal injury attorneys can assist survivors with and commonly involve the following scenarios:

Trust, Compassion, and Experience You Can Rely On

Led by partner and attorney, Jim Graves,  along with Michigan sexual assault attorneys, Stephen Sinas, Steve Weston, and Lauren Kissel are committed to you and the justice you deserve. Our success isn’t just based on the compensation we obtain for our clients. Our true measure of success is making strong statements to organizations that fail to protect our loved ones from the horrible acts of others and serving justice to the individuals conducting these acts.

Victims of sexual assault can suffer a lifetime of physical and emotional damage. Oftentimes, the criminal justice system fails to prosecute the offenders or obtain convictions, terribly failing victims and their families. This is where personal injury attorneys step in. By pursuing a civil claim against perpetrators and other liable entities, justice is possible. We have experience successfully handling sexual assault cases in Michigan and Illinois. Rest assured, we will fight for you.