Sexual Abuse & Assault Attorneys in New Mexico

We Support Survivors in Their Search for Justice

Sexual trauma leaves lasting scars on survivors. The wounds can be both physical and psychological, and not all fade with time. For many, accessing the help they need to heal is out of reach financially. Especially for those who have trouble returning to their lives after being abused or assaulted, a cycle of pain and hardship may begin to take over. You deserve better.

McGinn Montoya Love Curry & Sievers PA cares about using the law to help innocent people who were hurt by wrongdoers. We want to fight by your side for justice against those who perpetrated and sexual violence against you. Regardless of whether a criminal case has been filed against an abuser, you have the right to make a claim for compensation. We want to ensure your story is heard.

We offer free and confidential consultations to all survivors of sexual assault and abuse in New Mexico. Call our Albuquerque office at (505) 405-4441 to schedule a meeting with one of our attorneys.

Understanding Institutional/Organizational Sexual Abuse

Some abusers act on their own, but others are shielded by the organizations they are in. A toxic culture with features such as strict hierarchies, normalization of put-downs and threats, lack of transparency, and restricted access to money or resources can foster conditions that are friendly to sexual abusers. Predators may target one person or many, but the worse the culture, the more likely they are to feel safe—and to be protected by others in positions of power.

Organizational sexual abuse charges can be filed against institutions like:

• University programs/extracurriculars
• Sports organizations
• Assisted living facilities
• Nursing homes
• Medical facilities
• Prisons
• Shelters
• Foster care homes
• Teen camps
• Workplaces
• Volunteer organizations

Though proof of an active cover-up is excellent evidence on your behalf, it is not necessary to file a case. An organization has the responsibility to protect its members against abuse or mistreatment of any sort. Failure to do so is negligence, for which someone can be held liable. This may come in the form of lax supervision, failure to conduct diligent background checks, or even a lack of procedures for reporting and responding to sexual assault.

An organization does not have to be malicious to hurt you, nor must it be malicious for your claim to be justified. Our attorneys can perform an investigation into your case to find markers of negligence and other wrongdoing.

How Filing a Claim Can Help You

Especially if you had difficulty reporting your assault or trying to convince a prosecutor to take your case seriously, you may wonder why filing an injury claim would matter. In fact, there are many reasons taking this step can make your life better. The Centers for Disease Control and Prevention (CDC) estimates an act of sexual violence costs its target over $100,000 in lost productivity, medical treatment, and other needs. This is a significant loss, especially for those who find themselves in precarious situations after being assaulted.

Mental health is a major concern for survivors of sexual violence. In the two weeks after a rape, 94% of women suffer symptoms of post-traumatic stress disorder (PTSD); 30% are still struggling with the condition after nine months. Depression and anxiety are also common: A third of all women who were raped contemplate suicide. Sexual violence of any kind causes “moderate to severe distress” in 70% of survivors, which may tie into this cohort’s increased likelihood to use drugs and develop substance use disorders.

Sexual violence also has physical impacts on its victims. Injury is common, though thankfully most cases are non-catastrophic. A survivor may contract sexually transmitted infections or diseases (STIs/STDs) from their assaulter. There is also the chance of psychosomatic changes that cause symptoms like chronic widespread pain even in parts of the body where there was no physical injury. All these harms and needs introduce expenses that can be difficult for abuse survivors to handle.

When you file a claim for compensation, you can ask for damages like:

• Counseling/therapy
• Inpatient treatment
• Psychiatric medications
• Addiction treatment
• Emergency room/urgent care visit
• STI/STD tests
• STI/STD treatments
• Unwanted pregnancy (even if it was terminated)
• Ongoing medical needs
• Pain and suffering
• Emotional distress

Having the financial means to access help and improve your living conditions can make an unimaginable difference after a severe trauma. We want to help you find a better future.

Bringing Abusers to Justice

Whether you have tried bringing criminal charges against your assaulter or just observed others who have made this attempt, you know the challenges that often stand in the way of legal remedy. Even if you were not able to bring a successful criminal case, filing a civil claim can give you another chance at justice. The burden of proof is lower in civil courts, which favors plaintiffs like you.

Taking this type of legal action also allows you to hold organizations liable. For example, if you were assaulted at a workplace or in school, you may be able to sue leadership figures who turned a blind eye to the abuse or even helped cover it up. Often, an entire culture of sexual abuse can fester under the surface of an organization. Coming forward can put everyone involved in this despicable matter in the spotlight and can lead to abusers and their enablers being stripped of their influential positions. You may also inspire others to come forward with their own claims against the same person or people.