Filing a Civil Lawsuit following Sexual Assault
Sexual assault, of whatever variety, can have emotional, medical, and financial implications, affecting the daily functioning and quality of life of the victim. Beyond the personal distress, this assault can also affect the economic and employment capacity of those affected.
If you choose to file a complaint with the police and initiate criminal proceedings, the court may award you monetary compensation. However, these are usually only symbolic amounts that do not reflect the full economic implications of the assault. The goal of the criminal proceedings is first and foremost to bring the offender to justice and prevent further harm to others; the emphasis is not necessarily on providing personal compensation to the injured party.
Alongside the criminal proceedings, it is possible to file a civil lawsuit, the purpose of which is to exercise the right to adequate financial compensation for the implications caused by the assault. This procedure takes place independently and is not conditional on the existence of a criminal proceeding, so it is possible to file a civil lawsuit even without filing a complaint with the police.
Filing a civil lawsuit
A civil lawsuit following sexual assault is intended to assist the victim on an economic and personal level, while providing recognition of the implications of the assault. As stated, it is possible to file a civil lawsuit independently of criminal proceedings, but there is an advantage in filing a civil lawsuit after a conviction has already been obtained in the criminal proceedings and a verdict has been rendered, since the question of liability has already been decided and all that remains to be proven is the extent of the implications caused.
There are two main routes for filing the lawsuit:
What can you get compensation for?
A civil lawsuit allows you to claim compensation for various implications of the assault, including:
- Loss of income: Compensation for impairment of past and future work ability, based on the determination of experts regarding the impact on occupational capacity.
- Medical and rehabilitation expenses: Reimbursement for the costs of mental health treatments, medications, professional support, educational assistance or alternative treatments.
- Need for help from a third party: In cases where you need assistance with daily functioning due to the implications of the assault.
- Pain and suffering: Compensation for emotional harm and its implications, such as anxiety, depression, lack of trust, damage to self-image and reduced enjoyment of daily life.
- Compensation following sexual harassment: In accordance with the Prevention of Sexual Harassment Law, it is possible to receive financial compensation without the need to prove tangible implications, or to claim a higher amount while presenting evidence of the implications of the harassment.
Statute of limitations in civil proceedings
In Israel, the statute of limitations for filing a civil lawsuit for sexual assault or harassment is usually 7 years from the date of the incident. However, when the assault occurred to a minor, the statute of limitations begins at age 18, meaning that a claim can be filed up to the age of 25. In cases of sexual assault within the family (incest), a civil claim can be filed up to the age of 35.
It is important to note that there are exceptions that allow for an extension of the statute of limitations, and therefore it is recommended to seek professional legal advice to explore your options.
The importance of legal advice in civil proceedings
If you intend to file a civil lawsuit, it is worth knowing that there is a possibility of receiving legal aid. You can apply for assistance, with the eligibility process being tailored to each applicant. The decision to provide assistance is based on professional considerations, taking into account the legal aspects of the case and its chances of success, with the aim of ensuring legal support in cases where there is a real possibility of a successful legal process.
A conviction in a criminal proceeding may strengthen the chances of receiving assistance, but it is not a mandatory condition. Unlike legal aid in criminal proceedings, which is provided free of charge, legal aid in civil proceedings involves a fee, which is determined according to the applicant's financial capacity, in order to ensure accessibility to legal services for those who need them.
For further information about the Ministry of Justice's legal aid, you can write to the email address SiyuaVictims@justice.gov.il.
Additional information on the subject can also be obtained from the telephone helplines of the Rape Crisis Centers: 1202 (for women) and 1203 (for men). In addition, you can contact the social workers responsible for assisting and accompanying victims of crimes at the social services offices (hebrew) in local authorities.
A civil proceeding may be an important step in recognizing the harm and exercising rights, while receiving compensation for the implications of the assault. The compensation in a civil lawsuit is determined according to the evidence and medical, psychological and occupational findings, which reflect the effects caused by the assault. Every injured person is entitled to examine the legal options with professional bodies, and it is recommended to seek legal advice before filing the lawsuit and during the process.