Suing for Emotional Distress After Being Raped...

by Taylor
(Oklahoma)

Last year I was raped by my stepfather. I told my mom straight away, but she didn't believe me and continually left me alone in the house with this man until she kicked me out of the house to go live with my father. My dad and I plan on pressing charges, but what about suing for emotional damage?

This is my dad's idea, and if we won, the money would go to me. I've been going to counseling twice a week, and I continue to have nightmares and I always have this nagging thought that it could happen again (I'm 16 by the way).

It has affected my ability to trust. I'm very sensitive and it's all I can do to not fall apart at school. Should I press charges against my stepfather AND sue for emotional damage, or just do one or the other?

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Suing for Emotional Distress After Being Raped...":

Because the criminal and civil systems are separate, you can actually sue someone in both courts.

As far as your emotional distress, because you are alleging rape, the cause of action would actually be Intentional Infliction of Emotional Distress as well as the tort of assault (if you were placed in fear of immediate bodily harm) as well as battery (since he physically caused harmful and offensive touching with the rape).

You should also consider contacting your state's victim compensation fund which would be found on your state's governmental website. Often Victim's Compensation will provide resources and settlements to assist victims of crime with their needs such as counseling.

What's more, the perpetrator does not need to be convicted in order to qualify for these resources. They are state specific, however so you will need to check and see if your state provides this benefit.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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Help?
by: Anonymous

I was raped from the time I was 5 till I was 11 by my step father I tried to tell my mom about it but she didn't believe me. I had to have my best friend's dad help me.

I couldn't even sleep at night because I never knew when he was gonna do it. He was sentenced in 2008 but I still am so scared of him.

They let him out of jail early because he only got 3 years. It was over 6 years that it was happening, but they only charged him for two and then let him out after 3 years, even though he was supposed to serve a 7 year sentence.

I want to sue him for emotional distress for taking away my childhood. I was wondering if that was even possible.

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