Michigan Sexual Assault Victims FAQs

Being the victim of a sexual assault is one of the most horrifying experiences a person can go through. Pursuing a legal claim arising out of a sexual assault often means reliving those horrific events again and again. The experienced sexual assault victims’ attorneys at Vahdat Weisman Law have years of experience caring for and representing the victims of sexual assault.

Here are our answers to some of the most common questions we hear in these difficult cases.

What should I do in the first 48 hours?

If you are the victim of a sexual assault, there are several steps you can take to preserve your legal rights to recover for the horrifying experience someone put you through. But the first and most important one is making sure that you are safe. Once you know you are safe, you can go from there.

• Ensure Your Safety: If the assailant remains a threat, dial 911.
• Seek Medical Care: A Sexual Assault Nurse Examiner (SANE) can treat injuries and collect DNA evidence even if you have not decided about pressing charges.
• Preserve Evidence: Avoid bathing or washing clothing. Place garments in a paper bag. Save texts, photos, and social media messages.
• Write Everything Down: Take a few minutes to write everything down, including the time, location, witnesses, and anything the perpetrator said.
• Reach Out For Support: Call a trusted friend or RAINN at 800-656-HOPE.
• Contact an Attorney Promptly: Early counsel protects your privacy, facilitates coordination with the police, and preserves your right to sue.

Can I file a civil suit if criminal charges are pending or never filed?

Yes. A civil claim is separate from the criminal process and face the lower “preponderance of the evidence” burden of proof. Michigan law allows a lawsuit for injuries “sustained because of criminal sexual conduct” regardless of whether the state prosecutes or wins a conviction.

What compensation can I seek?

In a civil case arising out of a sexual assault, you can recover economic damages, noneconomic damages, and, in some rare instances, exemplary damages.

• Economic Damages: Medical bills, including those for mental health treatment, future therapy, prescription costs, lost wages, diminished earning capacity, and necessary relocation or security expenses.
• Noneconomic Damages: Pain, suffering, emotional distress, anxiety, depression, and loss of enjoyment of life.
• Exemplary damages: Additional sums for malicious or reckless conduct when warranted.

Every survivor’s damages profile differs. Our firm works with physicians, therapists, and economists to quantify the full impact of your trauma.

How long do adult survivors have to sue?

For adults assaulted after turning 18, Michigan provides ten years from the date of the assault to file a civil claim. Filing even one day late typically bars recovery, so prompt legal action is crucial. Related theories, such as negligent security, are normally filed concurrently to ensure that every claim meets the strictest deadline.

Does the statute of limitations change if I was a minor?

Yes. Under MCL 600.5851b, a survivor assaulted before the age of 18 may sue until his or her 28th birthday or three years after discovery that the assault caused the injury (whichever is later). This rule recognizes that many childhood survivors first link chronic PTSD, depression, or anxiety to the abuse well into adulthood.

Can I sue a school, church, hospital, or business that enabled the assault?

Often, yes. Michigan courts allow claims for negligent hiring and supervision, failure to warn, and inadequate security. You must demonstrate that the institution knew, or should have known, about the risk and failed to act reasonably. In cases involving governmental agencies, there are additional immunity defenses and strict notice periods involved. Therefore, prompt investigation by counsel is critical.

Will I have to testify in open court?

Most civil sexual assault cases are resolved through a confidential settlement or mediation. If a trial is unavoidable, judges commonly take steps to make the experience a little less traumatic, such as

• Allowing the use of initials or pseudonyms.
• Closing the courtroom during sensitive testimony.
• Sealing graphic exhibits.
• Issuing protective orders limiting intrusive discovery.

Your attorney will request these measures and prepare you with trauma-informed techniques to support your recovery.

The assault happened years ago, but I only recently connected the trauma. Do I still have options?

Possibly. For minors, the discovery rule discussed above may keep your claim alive. For adults, equitable-tolling doctrines sometimes pause deadlines when wrongdoers conceal misconduct, and recently proposed legislation would extend discovery windows to seven years and revive specific lapsed claims. Always seek a fresh legal analysis before assuming your time to file has expired. Our team at Vahdat Weisman Law stays up to date on new legislation potentially giving you recovery options that did not exist before.

How can my privacy be protected during litigation?

Confidentiality tools include using pseudonyms in filing (e.g., “Jane Doe”), protective orders that restrict the disclosure of medical or counseling records, motions to seal graphic evidence, and confidential settlement agreements. The strategy chosen depends on whether you wish to pursue justice publicly or privately.

What sets Vahdat Weisman Law apart?

Not every firm is equipped to handle the often delicate but contentious litigation that comes with sexual assault cases. We are:

• Focused Experience: Our team is filled with dedicated personal injury litigators, experts, and other professionals who understand Michigan’s evolving sexual assault laws, the science involved, and the commitment it takes to get you a full and fair recovery.
• Trauma-Informed Advocacy: In addition to understanding what it takes to prevail in court, we also have years of experience collaborating with therapists and survivor advocate organizations to minimize traumatization.
• Deep Resources: Our wide-ranging network gives us access to top investigators, medical specialists, and forensic experts.
• Contingency Fee: You do not pay an attorney fee unless we secure compensation for you.
• Statewide Reach: From Livonia, we appear in courts across Michigan, including in Detroit, Grand Rapids, Lansing, and the Upper Peninsula.
• Direct Access: Our clients receive their lawyer’s mobile number and a secure, 24/7 case status portal.

Take the Next Step

Preserve any physical or digital evidence, keep copies of medical and counseling records, and note how the assault affects your daily life. When you are ready to demand accountability, Vahdat Weisman Law will aggressively exercise your rights and pursue the full compensation Michigan law allows. Call us at (734) 469-4994 or contact us for a free, confidential case evaluation today.

Disclaimer: This information is for educational purposes only and does not constitute legal advice. Every case is unique, and prior results do not guarantee future success.