Q: What is the code/statute or provision that sexual assault is filed under for civil lawsuits?
The sexual assault happened on a college campus but I don’t want to only file a title because my college covers them up.
A:
In South Carolina, civil lawsuits related to sexual assault can be filed under various legal theories, depending on the specific circumstances of the case. Some common legal grounds for such lawsuits include:
1. Assault and Battery: South Carolina Code Ann. § 15-3-550 provides a three-year statute of limitations for personal injury cases, which includes assault and battery.
2. Intentional Infliction of Emotional Distress: This claim arises when the defendant's conduct is intentional or reckless, extreme and outrageous, and causes severe emotional distress to the plaintiff.
3. Negligence: If the college or university failed to provide adequate security measures or failed to properly investigate and address previous reports of sexual misconduct, they might be liable under a negligence claim.
4. Title IX Violations: Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681-1688) prohibits sex discrimination, including sexual harassment and sexual violence, in educational institutions that receive federal funding. You can file a complaint with the U.S. Department of Education's Office for Civil Rights (OCR) or pursue a private civil lawsuit against the institution.
It's essential to consult with an experienced attorney who can help you navigate the complexities of filing a civil lawsuit related to sexual assault. They can advise you on the most appropriate legal theories to pursue based on your case's specific facts and help you understand the relevant statutes of limitations and other procedural requirements.
Remember that in addition to civil lawsuits, you may also have the option to report the sexual assault to law enforcement for potential criminal prosecution.
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