Primary Location
Phoenix Personal Injury Lawyers
2700 N Central Ave Suite 320, Phoenix, AZ 85004, United States
Phone: (602) 905-7766
Call us at (855) 855-8910
Call us at (855) 855-8910
Under ARS 13-1406 [1], sexual assault means intentional or knowing sexual contact without consent. Rape, unwanted touching, coercion, drugged drinks at a bar. All of it counts.
Most people we talk to assume they need a criminal conviction first. They don't. Criminal court and civil court run on totally separate tracks. Police never arrested anyone? Charges got dropped? You can still walk into Pima County Superior Court and file a civil claim for compensation.
And the standard is different too. Criminal cases demand proof beyond a reasonable doubt. Your civil case only needs to clear a lower bar called "preponderance of the evidence." Basically, your attorney shows it more likely happened than not.
That distinction matters. A lot of survivors felt shut out by the criminal system. The civil path gives them another shot at accountability.
Bottom line: if someone harmed you through sexual contact you didn't agree to, Arizona law says you have a claim. Full stop.
So what does a civil lawsuit actually do? It goes after money, not jail time. Your claim demands payment for what this assault took from you. Medical bills. Lost paychecks. The anxiety that wakes you up at 3 AM.
You can file even when criminal charges never happened, or when a trial ended in not guilty. Different system, different rules. Prosecutors in criminal court carry the heaviest burden of proof in our legal system. Civil attorneys carry a lighter one.
Pima County Superior Court is where these cases get filed locally. And if you need someone to talk to first, SACASA right here in Tucson provides free support for survivors figuring out next steps. The Arizona Attorney General's Office of Victim Services [2] also offers statewide advocacy and financial assistance for crime victims.
One thing we always tell people who aren't sure yet. A civil case hands you the steering wheel. You pick the timeline. You decide what a fair outcome looks like. The whole thing is built around what you need, not what the DA's office prioritizes.
When an assault is fatal, the surviving family steps into the civil claim through Arizona's wrongful death statute, and the case runs on a parallel track to any criminal prosecution.
The attacker isn't always the only person who pays. Organizations that looked the other way? They share responsibility.
Who are we talking about?
These institutions usually carry bigger insurance policies than individual attackers do. That's not a minor detail. When your medical bills and therapy costs add up, having a defendant with actual resources to pay matters.
The law here isn't complicated. An organization that knew about a danger, or that should have seen it coming, and chose to do nothing, owns what happened next. Negligent hiring. Failure to supervise. Refusal to report. Different labels, same idea: they failed you.
Most third-party cases against a hotel, apartment complex, or parking structure run as negligent security claims — the property knew about prior incidents, failed to add cameras or lighting, and an assault became foreseeable.
What can you actually recover? Depends on what this cost you. And every case looks different.
Most survivors need treatment that stretches well beyond the first ER visit. Counseling sessions, psychiatric medication, trauma-focused therapy for months or years. Your case covers what you already paid and what future treatment will cost.
Maybe you missed weeks of work. Maybe PTSD made it impossible to function in your old job. If the assault knocked your career sideways, whether through physical injuries or emotional fallout, those lost earnings belong in your claim. Future earning potential too.
Arizona courts recognize that emotional distress, depression, anxiety, and losing the ability to enjoy your life are real, compensable harms. For most sexual assault survivors, this category dwarfs the medical expenses.
When a defendant acted with reckless disregard, the jury can tack on extra money specifically to punish them. Cover-ups by institutions almost always trigger this.
Good news for Arizona claimants: the state constitution bans damage caps on personal injury cases. Your recovery reflects what actually happened to you, not some artificial ceiling.
First step is a phone call. Confidential. No judgment. You talk, we listen, and then we lay out your realistic options.
After that, the case typically moves through a few stages:
Timing? Some cases wrap in months. Institutional cases with multiple defendants drag longer. Could be a year, sometimes two. Your attorney handles all the procedural headaches so you can put your energy toward getting better.
And working with a team that knows Pima County court practices specifically matters. Every courthouse has its own rhythm.
Civil assault claims are among the most sensitive of the civil injury cases we handle, and we run them with the same confidentiality and survivor-first approach that guides every part of our work.
Your own words carry more weight than most people expect. In civil court, a survivor's testimony is often the single most powerful piece of evidence. Full stop.
But stacking additional proof on top makes the case harder to fight. What strengthens things:
Missing some of those? Don't let that stop you. Plenty of cases succeed without a perfect evidence package. Discovery forces the other side to open their files, and sometimes that's where the strongest proof was hiding all along.
Practical tip if this just happened or happened recently: write everything down now. Every detail you remember. Save every screenshot. Keep every email. Memory fades fast, and evidence disappears.
The evidence discipline here — preserving photographs, medical records, and communications early — is the same standard we apply to other personal injury claims where physical injury and emotional trauma overlap.
Clock is ticking. Arizona gives adult survivors two years from the date of the assault to file a civil lawsuit. Once that window closes, Pima County Superior Court won't hear your case. Period.
Kids get more time. Governor Ducey signed HB 2466 [3] in 2019, and it pushed the deadline for childhood sexual abuse survivors out to age 30. That matters because the research is clear: many people don't fully process childhood abuse until their twenties.
Some exceptions can freeze or extend the deadline:
One thing to watch: Arizona rules are not the same as California or New Mexico. Whatever you read about statutes of limitations in other states, throw it out. Only Arizona law applies to your Tucson case.
And the longer you wait, the harder evidence becomes to find. Witnesses move away. Records get purged. Memories lose detail.
A free consultation costs nothing and takes twenty minutes. Call and find out exactly where your case stands before the clock runs out.
Our attorneys have handled personal injury cases across Arizona and California. We know how Tucson insurance companies operate, and we know how to push back.
That number reflects real results for real families — medical bills paid, lost wages recovered, and futures protected.
You pay nothing upfront. Our fee comes out of your settlement or verdict. If we do not win your case, you owe us nothing.
Accidents do not follow business hours. Neither do we. Call (602) 905-7766 any time — nights, weekends, and holidays.
We serve Tucson clients from our Phoenix office at 2700 N Central Ave, Suite 320. We know Arizona roads, courts, and insurance adjusters — and we travel to meet you when it matters.
“After a crash, you need a team that answers the phone, explains your options, and fights for every dollar you are owed. That is what we do at The Simon Law Group.”
Over 250 years of combined attorney experience
Serving Tucson from Phoenix | 2700 N Central Ave, Suite 320 | Licensed in AZ & CA
Yes. Civil cases use a lower burden of proof called "preponderance of the evidence." You don't need a criminal conviction, an arrest, or even a police report to move forward with a civil claim.
Most firms, including ours, work on contingency. You pay nothing upfront. Attorney fees come from the settlement or verdict. If we don't win, you don't owe us a fee.
Timelines range from several months to a few years. Cases against individuals tend to resolve faster. Institutional cases with multiple defendants and complex discovery take longer.
Yes. Institutions can be held liable for negligent hiring, negligent supervision, or failing to act on complaints. Schools, employers, churches, care facilities, and other organizations all face potential liability when they fail to protect the people in their care.
Medical costs, ongoing therapy, lost wages, pain and suffering, emotional distress, and potentially punitive damages. Arizona does not cap personal injury damages, so your compensation reflects the actual harm you suffered.
Adults generally have two years from the date of the assault. Child abuse survivors have until age 30 under House Bill 2466, passed in 2019. Some circumstances can extend these deadlines. Consult an attorney to confirm your specific situation.
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