Harmed on Campus? Talk Privately With a Lawyer Who Focuses on Sexual Assault Claims

If you were sexually assaulted on a college campus, you may be asking whether you can sue. A civil lawsuit may be possible, but the deadlines are short, and the rules can change when a public school is involved.

This page covers who can bring a claim, what it can seek, how it differs from a campus process, and what to do first.

A campus sexual assault lawsuit asks a court for money from those responsible

A campus sexual assault lawsuit is a civil case. The injured person asks a court for money damages for harm the assault caused. It is separate from any criminal case and from the school’s own conduct process.

Who may bring a claim

• The person who was assaulted.
• A personal representative, when the assault led to a death in a wrongful death claim.

Who may be named

• An employer, under a negligent supervision claim. New Mexico’s UJI 13-1647 NMRA requires proof that the employer knew or should have known the worker would create an unreasonable risk of injury to a group or class that includes the plaintiff, failed to use ordinary care in hiring, retaining, or supervising the worker, and that this negligence was a cause of the injury.
• A property owner or manager, under a negligent security claim. Under UJI 13-1320 NMRA, if an owner or occupant breaches the duty to use ordinary care to keep the premises safe for use by a visitor, resulting in injury to the visitor from the acts of a third person, the owner’s or occupant’s breach is compared with the third person’s conduct to determine its proportionate degree of fault.

The National Sexual Violence Resource Center publishes research-based statistics on sexual assault and its effects on survivors.

What a claim can seek to recover

The amount depends on the injuries, the records, and the proof.

• Medical and counseling costs, past and future, when they are documented.

When a state or local public body is the defendant, limits apply. Whether punitive damages or pre-judgment interest may be awarded against these entities depends on the governing statute.

A campus process is not a civil lawsuit

A school’s conduct process and a civil lawsuit run on separate tracks.

• A criminal case is brought by the state. A civil lawsuit is brought by the injured person to recover damages.
• Each track has its own rules, standard of proof, and timing. One can move forward while another is pending.
• The FBI Law Enforcement Bulletin explains how statutes of limitation apply to sexual assault cases, including civil claims.

Public defendants have tighter timing. Under NMSA 1978 § 41-4-16, a claim against the state or a local public body for which immunity has been waived under the Tort Claims Act requires a written notice presented within 90 days after the occurrence. That period does not include up to 90 days during which the injured person is incapacitated from giving notice by reason of injury. A suit is barred unless notice was given or the agency had actual notice. Under NMSA 1978, § 41-4-16(B), a suit against the state or a local public body cannot be maintained unless notice was given as that section requires, or unless the governmental entity had actual notice of the occurrence.

What to preserve and document now

Start with the records you already have. Keep:

• Medical and forensic exam records, plus counseling or follow-up notes.
• Reports to campus police, the university, or a school reporting office, with any case or reference numbers.
• Texts, emails, social media messages, photos, and calendar entries from before and after the assault.
• Names of witnesses, and details about housing, campus security, and where the assault happened.

Write a timeline while your memory is fresh. Do not delete messages or posts.

How a campus sexual assault case moves forward

A case usually starts with a confidential intake and moves through investigation, filing, and resolution.

1. Intake. A confidential conversation reviews what happened and what records exist.
2. Investigation. Records are gathered, and the team identifies who may be responsible, such as a public body, an employer, or a property owner.
3. Notice and filing. When a public defendant is involved, written notice may come first. If the claim goes forward, a lawsuit is filed in court.
4. Discovery and resolution. Both sides exchange information. The case may settle through negotiation or mediation, or it may move toward trial.

Timelines vary by case, court, and parties. For a wrongful death claim against a public body, notice may be presented by or on behalf of the personal representative, any person claiming benefits of the proceeds of a wrongful death action, or the consular officer of the deceased’s country of citizenship, within six months after the injury that caused death (NMSA 1978 § 41-4-16(C)).

Fees, costs, and the free first consultation

A free first consultation is confidential and comes with no obligation to continue. Fees are set out in a written agreement that the firm provides before any work begins on a claim.

Even when there is no recovery, a client may still owe court costs and the expenses of litigation, as set out in the firm’s written contingency fee agreement. The firm may advance those costs. The written contingency agreement must clearly notify the client of any expenses the client will owe. Lawyers may not charge an unreasonable fee or unreasonable expenses, and contingent fees follow the same standard (Rule 16-105 NMRA).

Why El Gringo Law for this kind of claim

El Gringo Law represents people hurt by sexual assault, negligent security, premises liability, car and trucking crashes, wrongful death, and other serious injuries in New Mexico.

• Josh Wood, one of the firm’s lawyers, is responsible for this page. He is licensed in New Mexico and Arizona.
• Our team includes support staff who handle office and intake tasks. They are not lawyers and do not present themselves as lawyers.
• Each case is different, and no outcome can be promised in advance.

Common questions about campus sexual assault lawsuits