If I was sexually assaulted, can I take him to civil court even though he is in prison?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I was sexually assaulted, can I take him to civil court even though he is in prison?
I went through the whole court process and after 2 years he was put in prison for the next 13 years. I have spent a lot of money during the court process due to the crime (counseling, traveling expenses, etc.) and never got anything in return.
Asked on May 1, 2013 under Personal Injury, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
Legally, you may sue him for damages or compensation--being in prison or convicted does not discharge his other potential civil liability (whether to you or to anyone else he injured or whom he owes money). Practically, if he's in prison and not working, and may have spent all or most of his own money/assets on his crimimal defense--or was someone who never had much income or assets--then there may be no point to suing: even if you won, you would likely not recover anything.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.