“Aggravated sexual assault” is an umbrella term people use to describe sexual assaults made more serious by certain factors—like the use of a weapon, causing serious injury, targeting a child or vulnerable adult, acting with others, or assaulting someone who was incapacitated. In the criminal system, these factors often lead to higher charges and penalties. In the civil system (what we handle), they can justify larger financial recovery and, in some cases, punitive damages to punish especially egregious conduct.
You do not need a criminal conviction to bring a civil claim. Civil cases focus on accountability and compensation for your injuries—medical care, therapy, lost income, pain and suffering, and more.
What Typically Makes a Sexual Assault “Aggravated”?
Every case is unique, but aggravating factors often include:
- Serious bodily injury: Broken bones, head injury, or other significant harm.
- Weapons or threats of deadly force: A gun, knife, or credible threats that create intense fear.
- Multiple attackers: Coordinated assaults or group involvement.
- Victim vulnerability: A child, an unconscious or incapacitated adult, or someone unable to consent.
- Position of power or trust: Coach, teacher, healthcare provider, supervisor, clergy, or caregiver.
- Restraint or kidnapping: Holding or transporting someone against their will.
- Drug- or alcohol-facilitated assault: The victim was unable to consent or resist.
In criminal court, these details drive charge severity. In civil court, they amplify liability and damages. If an institution (school, employer, property owner, hospital, youth organization) failed to prevent the assault, that organization may also be responsible.
Civil vs. Criminal: Why the Difference Matters
- Criminal cases punish the offender. The government prosecutes, and the burden of proof is “beyond a reasonable doubt.”
- Civil cases are about you—your recovery and accountability. The burden of proof is lower (“preponderance of the evidence”). You can sue the individual offender and any institution that enabled or failed to prevent the assault (negligent hiring, supervision, training, or security).
You can pursue a civil lawsuit with or without a criminal case. We coordinate strategy so your civil rights and privacy are protected.
Who Can Be Held Liable?
- The offender (intentional assault, battery, intentional infliction of emotional distress)
- Institutions (school districts, universities, churches, youth groups, healthcare facilities, businesses, landlords) for:
- Negligent hiring/retention (ignoring red flags)
- Negligent supervision (poor oversight)
- Negligent security (broken locks, poor lighting, lack of reasonable safety measures)
- Failure to respond to prior complaints or warning signs
Holding institutions accountable not only increases the likelihood of meaningful recovery—it can also drive policy changes to protect others.
What Compensation Is Available?
While money can’t undo trauma, a civil case can fund care and stability:
- Therapy, counseling, and medical bills (past and future)
- Lost income and reduced earning capacity
- Pain and suffering, emotional distress, loss of enjoyment of life
- Safety costs (locks, relocation, security devices)
- Punitive damages in egregious cases to punish and deter
Aggravating factors often strengthen claims for higher damages.
Evidence That Helps (Start Where You Are)
- Medical and therapy records documenting injuries and trauma
- Texts, emails, DMs, and social media (screenshots help)
- Photos, videos, location data
- Witness names and any prior complaints to schools/employers
- Incident and security reports, access logs, footage (we can send preservation letters to prevent deletion)
If you’re not sure what matters, don’t stress—bring what you have. We’ll handle the rest.
How We Build These Cases (Trauma-Informed)
- Confidential consultation to understand your goals (privacy, speed, accountability).
- Preservation & investigation: We notify institutions to keep evidence, request records, and interview witnesses.
- Expert support: Trauma clinicians, security experts, institutional policy experts, and vocational economists to document harm and responsibility.
- Strategy that fits your priorities: quiet resolution vs. public accountability—your call.
Timelines & Privacy
Some cases resolve in months; complex institutional cases can take longer. We can often file using initials and seek protective orders to limit exposure of sensitive information. You have choices—our job is to protect them.
What To Do Now
- Get care (ER, PCP, SANE exam if recent) and trauma-informed counseling.
- Save evidence and jot down what you remember.
- Avoid direct contact with the offender or enabling institution.
- Call us for a free, confidential consultation.
You’re not alone. If you’re searching “what is aggravated sexual assault,” you may be ready for answers—and options. Contact the Moran Law Group for a free, confidential consultation. We’ll meet you where you are and fight for what you need.
What Is Aggravated Sexual Assault? — FAQ
1) Do I need a criminal conviction before filing a civil claim?
No. A civil case is separate from the criminal process and has a lower burden of proof (“more likely than not” instead of “beyond a reasonable doubt”). Many survivors pursue civil claims even when no arrest is made or charges are reduced. Civil suits focus on your injuries, accountability, and compensation, and they can target both the individual offender and any institutions that enabled the harm. If a criminal case is pending, we coordinate strategy to protect your privacy and timing, but you don’t have to wait for a conviction to seek justice and resources for recovery.
2) Can I be anonymous?
Often, yes. Courts frequently permit survivors to file using initials and will consider protective orders that restrict disclosure of sensitive information. We also structure discovery to limit unnecessary exposure of medical or counseling records and use confidentiality provisions in settlement when that aligns with your goals. If public accountability matters to you, we’ll discuss targeted ways to pursue it while still minimizing risk and stress. Your comfort level guides our approach. From day one, we craft a privacy plan that balances your need for safety with a strategy designed to maximize leverage, credibility, and case value.
3) What if the assault happened years ago?
Don’t assume you’re out of time. Statutes of limitations are complicated and can change; some claims pause (“toll”) until the harm is discovered, and special rules may apply to minors, trauma-related delayed disclosure, or institutional concealment. Even if criminal charges are time-barred, civil options may remain—especially against institutions with ongoing duties to protect. Our first step is a fast, confidential timeline review to preserve claims and evidence. We can issue preservation letters immediately, investigate prior complaints, and evaluate any extensions that may apply. A quick conversation now can make the difference between losing and securing your rights.
4) Will I have to testify?
Many cases resolve without trial through negotiation or mediation. If testimony becomes necessary—at a deposition or in court—we prepare you thoroughly, pace the process to reduce trauma, and request appropriate protections (breaks, remote appearance when possible, limited questioning on sensitive topics). Your participation can be tailored; some survivors choose limited involvement while we advance the case through documents, expert analyses, and third-party witnesses. Our goal is to protect your wellbeing while preserving leverage for a strong outcome. We’ll explain the pros, cons, and likely scenarios early so you can make informed, low-stress decisions.
5) How do fees work?
In these cases, we typically use a contingency fee. That means no upfront payment; our fee is a percentage of the recovery, and if there’s no recovery, you owe no attorney’s fees. Case costs—like filing fees, medical records, experts, and transcripts—are advanced by our firm and reimbursed from the recovery per the written agreement. We’re transparent about percentages, typical costs, and what affects them. You’ll receive regular updates on offers and expenses so there are no surprises. Our incentives are aligned with yours: we only succeed when you do, and we’re motivated to maximize your outcome.