Delaware Sexual Assault Lawyer: Civil Claims After an Assault

If you were sexually assaulted in Delaware, you may have a civil claim for money damages against the person who assaulted you and, in many cases, against a business or organization that failed to keep you safe. A civil claim is your decision. It does not require a police report, criminal charges, or a conviction.

The Sharma Law Firm represents sexual assault survivors in civil cases under Delaware law. This page covers what a civil sexual assault claim involves, the Delaware filing deadlines, and what happens when you contact us. For an overview of every type of abuse case we handle, see our Delaware sexual abuse lawyer page.

What a civil sexual assault claim involves

In a civil case, the question is whether someone caused you harm and should pay for it. Sexual assault can support several civil claims under Delaware law. The most common are assault and battery against the person who committed the act. Where an organization was involved, claims such as negligence, negligent hiring, and negligent supervision may apply.

A civil case uses a lower standard of proof than a criminal case. A prosecutor must prove guilt beyond a reasonable doubt. In a civil case, the question is generally whether your account is more likely true than not. That is why a civil claim can succeed even when no charges were filed, or when a criminal case ended without a conviction.

Damages in a civil sexual assault case may include the cost of counseling and medical care, lost income, emotional distress, and, in some cases involving intentional or reckless conduct, punitive damages. Every case is different, and no lawyer can promise a particular result.

Delaware filing deadlines after a sexual assault

Delaware's civil deadlines for sexual assault depend mainly on how old you were when it happened.

• If you were 18 or older, the general deadline is two years under 10 Del. C. § 8119. The specific claim (assault, battery, negligence, or negligent supervision, for example) and the date the claim accrued can matter. Treat the two years as urgent.
• If you were under 18, 10 Del. C. § 8145 allows a civil action for sexual abuse of a minor by an adult to be filed at any time after the abusive acts, where the conduct would be a sexual offense under Delaware criminal law.
• If you were a child patient abused by a health-care provider, a claim may be brought at any time under 18 Del. C. § 6856(3)(a).

Delaware's 2007 Child Victims' Act opened a two-year window that revived some expired childhood claims. That window has closed. Whether § 8145's current "at any time" language reaches conduct from before the law changed can depend on the facts and case law.

These are civil lawsuit deadlines. They are not the rules for criminal prosecution, which differ by offense, and some serious crimes have no limitation period.

The takeaway: if the assault happened at 18 or older, get Delaware legal advice soon, especially if an institution may be responsible, the assault happened in a health-care setting, someone concealed what happened, or another state's law might apply.

When a business or organization shares responsibility

Sexual assaults happen in places where an organization had a duty to act: schools and colleges, workplaces, medical offices, spas, religious and youth programs, and businesses that employ people who work alone with the public. When an organization hires someone without proper screening, keeps an employee after complaints, or ignores its own safety rules, it may be liable for the harm that follows.

A claim against an organization matters for practical reasons, too. An individual may have no insurance or assets to pay a judgment, while an organization often does. We have separate pages on assaults in specific settings:

• Sexual assault on a Delaware college campus
• Sexual assault by a doctor or hospital employee
• Sexual assault during a massage
• Sexual harassment and assault in the workplace
• Sexual abuse of a child or teenager

What happens when you contact us

Your conversations with the firm about a possible case are confidential. The first conversation is a free case review. We ask only what we need to understand the basic situation, and you do not have to describe what happened in detail until you are ready.

You do not need to report the assault to police before calling, and you do not need to have gathered any evidence. If you have messages, medical records, or the names of people you told, keep them. We can request records and ask organizations to preserve documents.

If you decide to go forward, our contingency fee is 33.33% of the recovery, and there is no attorney's fee unless we recover. The firm advances all case costs. If we win, those costs are reimbursed from the settlement or recovery. If we lose, the firm absorbs the costs and you owe nothing.

The Sharma Law Firm is veteran-owned and has eight offices across Delaware. Hablamos español: paralegals Santiago Araujo, Humberto Buitrago, Lesly Escobar and Paul Barrera Rosales all speak Spanish.

Frequently asked questions

How long do I have to sue after a sexual assault in Delaware?

If you were an adult, the general deadline is two years under 10 Del. C. § 8119, and the type of claim and when it accrued can matter. If you were a minor, 10 Del. C. § 8145 permits a civil action at any time. Talk to a Delaware lawyer before assuming you have time.

Do I have to file a police report to bring a civil case?

No. A civil claim does not require a police report, criminal charges, or a conviction. Whether to report is your choice.

What if I knew the person who assaulted me?

Many survivors know the person who assaulted them. A prior relationship, a date, or a friendship does not prevent a civil claim.

What if I was drinking or can't remember everything?

Gaps in memory are common and do not by themselves end a claim. Other evidence, such as messages, witnesses, and records, can help show what happened.

Can I sue the hotel, employer, or school where it happened?

Possibly. An organization may be responsible if it failed to screen, supervise, or respond to warnings about the person involved. The facts decide whether that kind of claim exists.

Will the person who assaulted me find out I called a lawyer?

Not from us. Your conversations with the firm are confidential, and nothing is filed or sent without your decision.

Free, confidential case review. Please don't include sensitive details until we've spoken. Call (302) 781-3077 any time, or use the case review form on this page. Contacting the firm does not create an attorney-client relationship.