Houston, TX asked in Civil Rights, Personal Injury, Sexual Harassment and Civil Litigation for South Carolina

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.

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Civil Rights Lawyer
  • Sacramento, CA

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.