Sexual assault can have long-lasting psychological effects on survivors, leading to intense emotional distress that impacts their daily lives. In Colorado, survivors of sexual assault not only have the option to seek justice through the criminal system but can also file a civil lawsuit to recover damages for the emotional trauma they’ve endured. While proving physical injuries is often straightforward, proving emotional distress can be more complex. It requires a thoughtful approach that addresses both legal and medical perspectives.
What is Emotional Distress?
Emotional distress refers to the psychological impact of an event, causing mental suffering, anguish, or fear. After a sexual assault, survivors often face long-term emotional and psychological issues, such as:
- Anxiety
- Depression
- Post-Traumatic Stress Disorder (PTSD)
- Nightmares or Flashbacks
- Loss of enjoyment in life
- Difficulty in relationships
Proving emotional distress means showing the court that the assault has severely impacted your mental health and quality of life. In a civil lawsuit, emotional distress falls under non-economic damages, meaning it’s not tied to a specific financial loss like medical bills but is tied to the more intangible costs of the trauma.
Emotional Distress in a Civil Case vs. Criminal Case
It’s important to distinguish the differences between criminal and civil cases in sexual assault situations. In a criminal case, the state prosecutes the offender, and the goal is to determine whether the defendant is guilty beyond a reasonable doubt. In a civil case, the survivor is the plaintiff and is seeking financial compensation for damages caused by the assault. The standard of proof is lower in civil cases; a plaintiff only needs to prove their case by a "preponderance of the evidence," meaning it's more likely than not that the assault occurred and caused harm.
Emotional distress is not a major factor in criminal cases, but in civil lawsuits, it can be central to the damages a plaintiff is seeking.
Legal Standards for Emotional Distress in Colorado
Colorado law allows for two types of emotional distress claims in civil cases: negligent infliction of emotional distress (NIED) and intentional infliction of emotional distress (IIED), also known as outrageous conduct.
Negligent Infliction of Emotional Distress (NIED)
This claim arises when a defendant’s negligent actions cause emotional harm to the plaintiff, even if the defendant did not intend to cause distress. However, NIED claims are generally harder to prove in sexual assault cases because they require showing that the defendant acted carelessly rather than intentionally. This standard is more commonly used in personal injury cases unrelated to intentional conduct.
Intentional Infliction of Emotional Distress (IIED)
This is a more applicable standard in sexual assault civil cases. To prove IIED, the plaintiff must show:
- The defendant’s conduct was extreme and outrageous.
- The conduct was intentional or reckless.
- The conduct caused severe emotional distress.
Sexual assault almost universally qualifies as extreme and outrageous conduct. The challenge in IIED claims usually lies in proving the extent and severity of the emotional distress that resulted from the assault.
How to Prove Emotional Distress
While the trauma of a sexual assault is real, translating that experience into legal proof requires presenting evidence that demonstrates the extent of your emotional suffering. Here’s how you can build a compelling case:
Medical and Psychological Records
Medical records, especially those from mental health professionals like therapists, psychologists, or psychiatrists, are crucial in proving emotional distress. If you’ve sought treatment for conditions such as anxiety, depression, or PTSD as a result of the assault, those records can provide evidence of your emotional state. Testimony from your healthcare providers can explain the impact the assault had on your mental health and how it has affected your daily functioning.
Expert Testimony
Expert witnesses can strengthen your case. A licensed mental health professional who has evaluated your condition can testify about your psychological trauma, diagnosing conditions like PTSD or other stress-related disorders. Their testimony can also provide clarity on how the trauma will continue to affect you in the long term, which can increase the amount of compensation you may be entitled to.
Personal Testimony
Your personal testimony is a powerful form of evidence. While it may be difficult to recount the details of the assault and its impact, your account of the emotional pain you’ve suffered can offer the court a first-hand understanding of your experience. You can describe how the assault changed your life, your relationships, and your ability to perform daily activities. You can also testify about symptoms such as insomnia, fear, or difficulty in maintaining work or social connections.
Witness Testimony
Witnesses who can attest to changes in your behavior or mental state after the assault may provide valuable insight into your emotional distress. Friends, family members, or colleagues who have noticed shifts in your mood, demeanor, or ability to function can help corroborate your claims of emotional suffering.
Documentation of Daily Life Impact
Journals, written accounts, or even videos documenting your emotional state following the assault can also be used as evidence. These personal records can show how the assault has affected you on an ongoing basis, adding depth to your claims of emotional distress. Evidence that shows you’ve had to take time off from work, struggled with routine tasks, or lost interest in hobbies or social activities can further support your case.
How We Can Help
Proving emotional distress in a Colorado sexual assault civil case requires a thorough presentation of both medical evidence and personal testimony. Survivors have the right to seek compensation for the emotional trauma they endure following an assault, but the process can be complex and emotionally challenging. By gathering documentation, working with mental health professionals, and retaining an experienced attorney, survivors can build a strong case that reflects the true extent of their emotional suffering.
Ultimately, a successful civil lawsuit not only provides financial compensation but also serves as a step towards healing and justice for those who have been wronged.
If you or a loved one has experienced emotional distress as a result of sexual assault, it is crucial to seek legal assistance to navigate the complexities of your case. At Colorado Sex Abuse Law, we are dedicated to providing compassionate and expert legal representation to help you achieve justice and compensation for your suffering. Our experienced team understands the profound impact of emotional distress and is committed to supporting you through every step of the legal process.
Contact us today to schedule a free consultation and learn more about how we can assist you in proving emotional distress in your sexual assault civil case.