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ARTICLE · 15 AUGUST 2019

Sexual assault can be a civil matter too

Intentional torts to the person involve direct, intentional or wilful invasions of their physical and mental integrity.

AustraliaLitigation, Mediation & Arbitration

So what can you do about it from a civil perspective?

Intentional torts to the person are those which involve direct, intentional or wilful invasions of the physical and mental integrity of the person. There are three major intentional torts assault, battery and false imprisonment. This cause of action identifies that the intentional infliction of harm is ordinarily unacceptable conduct and the wrongdoer compensating the injured person for loss suffered is both just and appropriate.

As for proving that the perpetrator/defendant is liable for the assault, if the incident gave rise to a criminal prosecution (and the defendant was convicted), you may have a better chance for success in your civil lawsuit. However, even if there was no corresponding criminal case or the defendant was not convicted, the victim in the civil case will have an easier time of showing that the defendant is liable for committing the alleged abuse. That's because the standard of proof is lower

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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