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Legal Intellectual

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Q

Please help me file a civil lawsuit for a sexual offense.

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A year ago, while walking down the street, I was sexually molested by a stranger. I immediately filed a criminal complaint, and the perpetrator was sentenced to imprisonment. However, due to the mental shock following the incident, I have been receiving psychiatric treatment up to now, and I am curious whether I can also receive civil damages for such mental harm. I am considering filing a civil lawsuit for a sexual offense, and I would like help on what procedure I can follow.

Civil lawsuit for a sexual offense

A

Answer to Related Inquiry

Hello. I am an attorney specializing in civil matters at Daeryun Law LLC.

If you are suffering mental and physical pain due to harm from a sexual offense, you can claim damages through a civil lawsuit for a sexual offense, separately from criminal punishment.

The fact that the perpetrator has already been sentenced to imprisonment serves as strong grounds that the harmful act and its illegality have been recognized, so it becomes a favorable starting point for holding the perpetrator civilly liable.

In a civil lawsuit for a sexual offense, you can claim medical expenses, future medical expenses, and consolation money (compensation for mental harm), and where, as in your case, you have been continuously receiving psychiatric treatment since the incident, the treatment records themselves become important evidence proving the harm.

In particular, if you have been diagnosed with post-traumatic stress disorder (PTSD), anxiety disorder, or depression and are continuing treatment, the court also often recognizes a considerable level of mental harm.

In addition, the criminal judgment, medical certificates, treatment records, prescription records, and counseling records become key materials for proving the occurrence of harm and the causal relationship in a civil lawsuit for a sexual offense.

Where the criminal case has already become final, in the civil lawsuit the extent of the harm and the scope of compensation, rather than the fact of the harmful act itself, are usually the issues in dispute.

Because a civil lawsuit for a sexual offense is a procedure for the victim's recovery and the remedy of rights, it carries meaning not only in monetary compensation but also in clarifying the perpetrator's liability and legally settling the facts of the harm.

However, since a legally careful approach is needed, such as calculating the claim amount, organizing evidence, and reviewing the extinctive prescription, it is advisable to receive the assistance of an attorney specializing in civil matters from the early stage.

If you need specific guidance on which items you can claim and up to what amount, based on your current situation and the course of treatment, and on the expected procedure and duration when the litigation proceeds, we can review the matter in detail based on the relevant materials.

We recommend that you receive professional help so that you can obtain just compensation through filing a civil lawsuit for a sexual offense.

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