In general, sexual assault settlements can range anywhere from thousands to millions of dollars, depending on the number of victims and the severity of the assault. In hospitals, sexual assault perpetrators are usually doctors, nurses, or other healthcare providers in positions of power. Perpetrators tend to be repeat offenders in that if there’s one victim, chances are they’re not the first.
Sometimes, it takes just one domino falling to start an avalanche, as is happening in a $65 billion private equity-owned medical center in Missoula, Montana. An emergency department doctor is facing at least 12 allegations of sexual misconduct, and the hospital itself may be held liable in a civil case. Considering the value of sexual abuse lawsuits, the compensation for plaintiffs in this case is expected to be significant.
Even in the military, the Department of Defense estimated at least 29,000 instances of sexual assault in 2023, with independent studies throwing even higher figures. And it’s even more dire for people of color and members of the LGBTQI community, where rates of sexual violence are disproportionately high.
Damages to Consider When Calculating Sexual Assault Settlements
Since the decision to award sexual assault damages comes down to the judge or jury, there’s no surefire way to calculate how much you may get. You can, however, get an estimate by considering some of the key factors that will influence their decision:
Medical Expenses
As a sexual assault survivor, you may demand compensation for all medical expenses stemming from the assault. This includes medical treatment—starting with medical evaluations, treatment of injuries, consultation, and medication—and psychological treatment—counseling for emotional trauma, therapy, and prescription drugs. Future medical expenses are also included in this category.
Non-Economic Damages: Emotional Distress, Pain, and Suffering
Medical expenses are easier to quantify in terms of monetary value—but what happens with the unquantifiable consequences of emotional distress? Non-economic damages aim to quantify this distress and determine how much the quality of life of the victims diminished due to the assault.
Emotional distress includes anxiety-related disorders like insomnia, panic attacks, PTSD, and depression. Loss of reputation in your workplace and loss of consortium are also considered. Keep in mind victims will still need to provide proof—expert psychologists are often used—and reasoning behind the monetary value they deem satisfactory for their emotional distress.
Lost Wages and Loss of Earning Capacity
Lost wages refer to the potential short-term income missed due to the inability to work after the incident. Loss of earning capacity, on the other hand, refers to the long-term negative impact on your future career, and both qualify for compensation.
Additional Expenses
You may also seek additional compensation for out-of-pocket expenses like relocation costs, legal fees, and travel expenses. These numbers must be reasonable, and a jury will ultimately decide how much you get paid. If the jury finds you overpaid for expenses, missed more work than necessary, or your injuries didn’t justify the medical treatment received, your compensation may be reduced.
What Constitutes Sexual Assault In Healthcare Centers?
According to the Rape Abuse & Incest National Network (RAINN), sexual assault is defined as sexual contact or behavior occurring without the consent of the victim. In the context of healthcare centers, this includes improper sexual language, improper touching—especially when no contact is required to administer care—and insisting that patients reveal body parts that should not be under medical examination.
If a doctor refuses to explain exactly what they are doing and why—especially during a pelvic or breast examination—and refuses to have another health professional in the room, it may qualify as sexual assault.
A big problem in the US is that most instances of sexual assault in medical centers go unreported. This is because the targets are usually vulnerable people who fear they won’t be believed, while healthcare providers come across as being in positions of power.
Filing a Sexual Assault Civil Lawsuit
Even though sexual assault allegations can result in jail time for the defendant, it’s more common for plaintiffs to go the civil lawsuit route. Some of the benefits of filing a civil lawsuit are that it has a lower burden of proof than a criminal case, and the plaintiffs can get monetarily compensated. Plaintiffs will still need to provide proof. Some of the key elements of evidence that can tilt the case in the plaintiff’s favor include:
Testimony of the Victims
As the plaintiff, your testimony is a critical part of your case. Recounting all the details of the assault and providing critical insights into your mental and physical state will help pave the way.
Witness and Expert Witness Testimony
Psychologists are often used as expert witnesses to account for the mental state of the plaintiff after the assault, and they can draw similarities between the plaintiff and other victims of abuse. Witnesses of the aftermath of the assault or witnesses who observed interactions between the plaintiff and the defendant may also prove to be valuable.
Medical Records & Forensic Evidence
Finally, medical records that are consistent with the allegation and forensic evidence, like DNA collected from the crime scene, can help tie everything together.
