Legal Rights for LGBTQ+ Assault Survivors

Sexual assault is a deeply traumatic experience, and for LGBTQ+ survivors, the path to justice can be even more challenging. Unique barriers such as discrimination, fear of outing, and lack of inclusive legal protections often complicate the pursuit of justice. This article aims to empower LGBTQ+ survivors by providing essential information on their legal rights and the steps they can take to seek justice.

Understanding Your Legal Rights as an LGBTQ+ Survivor

As an LGBTQ+ survivor of sexual assault, you have the same legal rights as any other survivor, but your case may present additional complexities. Under federal and state laws, it is illegal for anyone to sexually assault another person, regardless of their gender identity or sexual orientation. Importantly, Title VII of the Civil Rights Act protects against sex-based discrimination, including same-sex sexual harassment, allowing LGBTQ+ survivors to take legal action against their abusers.

Furthermore, if you are in a state that has specific hate crime laws, your case may qualify as a hate crime if it can be proven that the assault was motivated by your sexual orientation or gender identity. This classification could increase the severity of penalties for your abuser.

Overcoming Common Legal Challenges

LGBTQ+ survivors often face additional hurdles when reporting assaults, including fear of not being believed, fear of being outed, or encountering biased legal and medical professionals. It’s crucial to understand that you have the right to report the assault confidentially. You can also seek legal representation to ensure that your case is handled respectfully and thoroughly.

Hiring an experienced LGBTQ+ sexual assault attorney can make a significant difference. A qualified attorney will help you navigate the legal process, ensuring that your privacy is protected and that you have access to all available legal options, including pursuing compensatory and punitive damages for medical costs, lost wages, and emotional trauma.

How to Take Action After an Assault

1. Seek Safety and Medical Attention: After an assault, your immediate priority should be to get to a safe place and seek medical attention. A medical professional can help preserve evidence that may be critical to your case.
2. Report the Assault: While it can be incredibly difficult, reporting the assault to law enforcement is a vital step in holding your abuser accountable. LGBTQ+ survivors are entitled to the same legal protections as anyone else, and reporting ensures that your case is documented.
3. Consult with an Attorney: Engaging a knowledgeable attorney who specializes in LGBTQ+ sexual assault cases is essential. They will guide you through the legal process, provide support, and advocate for your rights every step of the way.

Take the Next Step Towards Justice

Sources: LGBTQ+ Sexual Assault Survivors | Bachus & Schanker