Civil Claims for Survivors of Sexual Assault in Bernalillo County

If you’re researching sexual assault Bernalillo County cases, you may hear about two separate paths. One is a criminal case, which prosecutors bring for the state. The other is a civil claim, which asks a court to award money damages to the person who was harmed. This page explains how the civil path works.

What Is a Civil Claim for Sexual Assault?

A civil claim asks a court to order money damages for harm caused by an assault. It is separate from any criminal case. The criminal case deals with the person who committed the crime. The civil claim focuses on the injured person’s losses.

A civil claim can address physical injury, emotional harm, medical care, counseling, and lost income. Many of these losses take time to show up. Keeping clear records from the start helps.

The National Sexual Violence Resource Center publishes research-based statistics on sexual assault and its effects on survivors. Those figures can help explain why recovery often involves more than one kind of harm.

Safety comes first. If you or someone else is in danger, call 911 right away.

Where Are Civil Cases Heard in Bernalillo County?

Civil claims for Bernalillo County are filed in court, not with police or prosecutors. The injured person brings the claim, usually through a lawyer. Prosecutors handle the criminal case for the state, on their own timeline.

The two tracks can involve the same event, but they run separately. Each has its own paperwork, its own people, and its own pace. Keep them separate in your mind as you plan your next steps.

Which court fits your case depends on the facts. Location, the parties involved, and whether a government entity is part of the case all matter. A lawyer can explain the filing steps for your situation.

Do You Have to Report to Police First?

Reporting to police and pursuing a civil claim are separate processes. They have different goals and different rules of proof. A police report starts a criminal investigation. A civil claim asks a court to decide money damages.

Whether to report is a personal choice. You can think it through before you decide. Ask for the report number if you file one, and keep copies of any statements you give.

During a free consultation, you can ask how a report and a civil claim might fit together for you. You decide what happens next.

Who Can Be Responsible for an Assault on Their Property?

Property owners and operators may be responsible in some cases when an assault was foreseeable and they failed to protect visitors. New Mexico law says a landowner has a duty to use ordinary care to keep the premises safe for visitors, and that duty arises from a foreseeable risk that a third person will injure a visitor; as the risk of danger increases, the amount of care also increases, according to UJI 13-1320 NMRA.

Premises liability covers dangers on the property itself. Negligent security covers claims that weak security contributed to an assault. Apartment complexes, parking facilities, and businesses are common examples.

Foreseeability depends on the facts. Prior incidents, lighting, locks, security staffing, and warnings all matter. The FBI Crime Data Explorer provides agency-level reported crime data for New Mexico jurisdictions.

When more than one person may share fault, New Mexico uses comparative negligence. Juries assign a percentage of fault to each person whose negligence contributed, as the UJI 13-2219 NMRA instruction explains. Section 41-3A-1 of the New Mexico Statutes Annotated generally limits a defendant’s liability in several-liability cases to the portion of the damages equal to the ratio of that defendant’s fault to the total fault attributed to all persons, including plaintiffs, defendants and persons not party to the action. Joint and several liability still applies to any person or persons who acted with the intention of inflicting injury or damage; to any persons whose relationship to each other would make one person vicariously liable for the acts of the other, but only to that portion of the total liability attributed to those persons; to any persons strictly liable for the manufacture and sale of a defective product, but only to that portion of the total liability attributed to those persons; and to any situation not covered by any of the foregoing that has a sound basis in public policy.

Time Limits and Evidence to Preserve Early

The general deadline for an injury to the person in New Mexico is three years. Other deadlines apply in some cases.

Section 41-4-15 of the New Mexico Statutes Annotated provides that actions against a governmental entity or a public employee for torts shall be forever barred unless commenced within two years after the date of occurrence resulting in loss, injury or death, except that a minor under the full age of seven years has until his ninth birthday in which to file; this subsection applies to all persons regardless of minority or other legal disability. Section 41-4-16 of the New Mexico Statutes Annotated requires every person who claims damages from the state or any local public body under the Tort Claims Act to present a written notice stating the time, place and circumstances of the loss or injury to the designated official (for example, the risk management division for claims against the state or the county clerk for claims against a county) within ninety days after an occurrence giving rise to a claim for which immunity has been waived under the Tort Claims Act. The ninety days do not include time, up to ninety days, when the injured person is unable to give notice because of the injury. For wrongful death claims, the notice may be presented by, or on behalf of, the personal representative of the deceased person, any person claiming benefits of the proceeds of a wrongful death action, or the consular officer of a foreign country of which the deceased was a citizen, within six months after the date of the occurrence of the injury which resulted in the death; but if the deceased person had already presented a notice that would have been sufficient had he lived, a wrongful death action may be brought without any additional notice. Without proper notice, no suit may be maintained unless the governmental entity had actual notice of the occurrence. Section 37-1-10 of the New Mexico Statutes Annotated provides that the times limited for the bringing of actions by the preceding provisions of that chapter are extended, in favor of minors and incapacitated persons, so that they have one year from and after the termination of such incapacity within which to commence said actions. Which period applies depends on the facts, so don’t assume time is unlimited.

Start collecting evidence early. Keep:

• Medical and counseling records and bills
• Texts, messages, emails, and call logs
• Photos of injuries or the location
• Names and contact details of witnesses
• Any police report number and copies of statements
• Records showing who owns or runs the property

Write a private timeline while memory is fresh. Note dates, times, places, and what you remember, in your own words.

Speak With El Gringo Law About Your Situation

El Gringo Law offers a free first consultation about a civil claim after sexual assault in Bernalillo County. The consultation is confidential and has no obligation to continue.

Josh Wood is the lawyer responsible for this page’s content. He is licensed in New Mexico and Arizona. You can reach the firm through its contact form or by starting a chat at elgringolaw.com.

Frequently Asked Questions