Sexual Assault and Harassment

Civil lawyers can help you in a sexual assault or harassment case. If you have been sexually abused or harassed, you may have the right to pursue a criminal lawsuit against those who assaulted or harassed you and a civil lawsuit against those who were responsible for not preventing the abuse or failing to protect you from such harm.

Oftentimes, a sexual assault or harassment incident can lead to both criminal prosecution and a viable civil lawsuit. Pursuing one does not necessarily mean not pursuing the other. Criminal cases differ from civil cases in that they are investigated by the police and pursued by the State, generally represented by a prosecutor. Unlike a civil case, however, the purpose of a criminal prosecution is to punish the perpetrators, not compensate the victim for their injuries.

In some situations, a criminal case may lack enough evidence or may have occurred too long ago to be pursued. A civil case has different considerations, burdens of proof, and time requirements. Even when criminal charges aren’t filed, a civil case may still be viable.

SGB can help you find out if you have a case, but it’s often difficult to know until you’ve spoken to an attorney. Depending on your claim, there can be tight timelines for filing a lawsuit, so as soon as you suspect you may have a case, you should speak with a sexual assault attorney right away.

Yes. Any information you share with an SGB attorney or a member of the SGB staff is protected by the attorney-client privilege. Even if you decide against filing a lawsuit, the communication is private.

SGB operates on a contingent fee basis. If we recover funds for you, we are paid out of those funds; if we do not recover funds for you, you do not pay us for any attorney work we have performed.

SGB attorneys live here and we work here. We know Washington law. The best lawyer for you will have specialized, local knowledge of not only the courts where your case may be tried, but will understand countless other nuances of the laws and history of similar cases in your area. If you live in Washington, why would you want a lawyer from Texas, New York, or any other state?

In Washington, there are strict time limits for filing charges of employment discrimination, harassment, and retaliation. To preserve the ability to pursue your claims, you should contact one of our skilled sexual assault attorneys as soon as unfair treatment is suspected. If you fail to act in time, you may be forever barred from bringing the claim before a judge or jury. SGB can represent you in this process and ensure that your claims are not waived.

Trial is typically scheduled 16-18 months from the date you file a complaint in court; however, this time period does not include time needed for investigation and (in certain cases) administrative review with a government agency. In addition, appeals may extend the duration of the lawsuit.

The vast majority of cases are resolved at some point before trial; however, there is no way to predict when or if a defendant will be interested in offering you a fair settlement value for your claim. SGB is prepared to take every case we file to a jury. In our view, this is the only way to encourage a defendant to take your case seriously.

Every case is different, but below are the general steps of litigation.

Investigation & Filing - First, the attorney gathers factual information and determines whether there is a legal basis for a lawsuit. An investigation might include legal research, a review of public records, hiring a private investigator or an expert, requesting a client’s medical or employment records, interviewing potential witnesses, etc. At this stage, the attorney may contact the defendants or their attorneys to determine whether it is possible to settle the case out of court. To initiate a lawsuit, the attorney files a complaint in state or federal court, or (in certain types of cases) the attorney may be required to file a claim with a governmental agency prior to filing suit.

Discovery - During the discovery phase of litigation, the parties (the plaintiff and defendant) exchange information and learn as much about the case as possible. The court rules permit the parties to exchange written requests for information (such as requests for documents, emails, etc.), ask questions of one another under oath at a deposition, subpoena documents and records from third-parties, and subpoena witnesses to answer questions under oath.

• Pretrial & Mediation - In anticipation of trial, the parties often file motions (written requests) with the court seeking to dismiss the case, gain additional discovery, exclude certain types of evidence, or to request other forms of relief. At the close of the discovery phase of the lawsuit, the court rules typically require the parties to engage in a mediation to try and settle the case, though this process may occur at any time during litigation.

• Trial - In the event that a case does not settle, the case proceeds to trial. The attorneys present evidence through testimony and documents to the jury, who in turn determines whether a defendant is liable and if so, whether the plaintiff should be awarded any money.

• Appeal - Occasionally, a party appeals a jury verdict or a judge’s ruling to an appellate court. An appeal can take anywhere from one to several years, depending on the case.

Unlike the communication you have with your SGB sexual assault attorney, nothing you say (or post, text, blog, email, etc.) to others is confidential. This includes any “private” posts on social media pages, like Facebook or Instagram. You should always ask your attorney whether it is a good idea to share information about your lawsuit with anyone else before you do so.

The court rules impose an obligation on all parties to preserve any information (including electronically stored information) that might become relevant in a lawsuit. This duty begins as soon as you think you might file a lawsuit. A court can impose serious penalties (including dismissal) if you destroy evidence.

Whatever you say to witnesses or anyone else (other than your attorney), is information that a defendant has a right to know about. For this reason, you should talk to your attorney before doing any investigation on your own.

Victim Advocacy

• King County Sexual Assault Resource Center
• Washington Coalition of Sexual Assault Programs
• Rape Abuse & Incest National Network (RAINN)
• Sexual Assault Center for Pierce County
• Kitsap Sexual Assault Center & Crime Victim Assistance Center
• Domestic Violence and Sexual Assault Service (Bellingham)
• Sexual Violence Law Center
• NW Network of Bi, Trans, Lesbian and Gay Survivors of Abuse

Medical Care / Counseling / Therapy

• Harborview Center for Sexual Assault and Traumatic Stress
• WASafe (Resource for Sexual Assault Forensic Medical Care)
• Consejo Counseling and Referral Service