Planning to file a lawsuit for your sexual abuse claim?
The legal process may sound complex and intimidating when it comes to sexual abuse cases. Alleging sexual abuse and taking legal action for recovery can be challenging for most victims.
Here’s some good news:
You have several options if you are claiming sexual abuse. Awareness of legal rights and available legal options is the first step to getting justice in a court of law.
In this post:
- Know your Legal Rights for Sexual Abuse Cases
- When Can You File A Civil Lawsuit for Sexual Abuse
- The Difference Between Criminal and Civil Case
- Statute of Limitations Laws Overview
- Institutional Liability for Sexual Abuse
- Summary and Final Words
Know your Legal Rights for Sexual Abuse Cases
Do you want to know something special?
Sexual abuse survivors have legal rights that are not well known to most people. In many cases, survivors who allege sexual abuse against another person or an institution have several legal rights. These legal options can lead the victim to achieve justice and compensation.
The legal framework has evolved in a way that can be beneficial for sexual abuse survivors. In many states, survivors can sue the perpetrators years or even decades after the abuse due to extensions or elimination of statute of limitations.
In addition, the volume of survivors who are stepping forward to reveal the trauma of sexual abuse has caused a boom in the number of sexual abuse cases.
- Sexual abuse cases increased by 62.5% since 2020 according to the United States Sentencing Commission.
- This growth is not related to an increase in sexual abuse cases but to the number of survivors who come forward to file a lawsuit for the sexual abuse they suffered.
Cases against high-profile institutions such as the Chapelstreet Church lawsuit are good examples that show survivors who are alleging sexual abuse against an institution such as a church, a medical facility, or a detention center have a higher chance of succeeding because the institution should have prioritized its clients and members, and should have taken measures to protect them from harm.
When Can You File A Civil Lawsuit for Sexual Abuse
What most people do not know is that
There are two legal options for people alleging sexual abuse: criminal cases and civil lawsuits. The two are different and have different results, which is why it is essential for sexual abuse survivors to have a deep understanding of the legal processes when it comes to sexual abuse lawsuits.
- Criminal cases are when the public prosecutor (government) takes legal action against the individual who is accused of committing sexual abuse.
- The goal of the case is to put the abuser in jail and add their name to the sex offender list.
- The burden of proof is “beyond a reasonable doubt,” which is the highest legal standard.
On the other hand,
- A civil lawsuit is when the survivor (or their family) sues the abuser and the institution that may have facilitated the abuse or at least should have protected the survivor from harm.
- The goal of this lawsuit is to ask for financial compensation for the damages that the abuse has caused.
- The burden of proof is “preponderance of evidence,” which means that it is more probable that the abuse occurred.
There is a reason why civil lawsuits are essential for people who have suffered sexual abuse. The main reason is because even if the criminal case does not end in a conviction, the survivors of sexual abuse can still get justice through civil lawsuits due to the lower burden of proof that it has.
Statute of Limitations Laws Overview
If you want to know how this legal change can be so beneficial for sexual abuse survivors
Survivors were previously required to file a lawsuit for the sexual abuse they had suffered within a specific timeframe after they reached the legal age (18 years old). In most states, that timeframe was three years.
But the law has changed in recent years by giving survivors more opportunities to file a lawsuit and hold the abusers and even the institutions accountable by including lookback window laws.
The following paragraphs share some of the most recent successful cases against institutions.
- California passed the California AB 218 legislation that gave survivors more time to sue the institutions they used to be a part of.
- AB 218 had a substantial impact on Los Angeles County as a settlement of over $4 billion was reached to cover more than 6,800 cases that date back to 1959.
Other states have recently followed California’s lead, including New York which has a similar statute that enabled a settlement of Archdiocese of Los Angeles for $880 million for 1,353 clergy abuse cases.
In many states, survivors have until 2030 or the end of the lookback window to file a civil lawsuit against the institutions and abusers.
Institutional Liability for Sexual Abuse
Do you want to know who pays for most sexual abuse claims?
Most of the time it is not the individual abuser that will pay, this is usually because many of these abusers do not have the financial resources to pay. Instead, the financial burden is on the institution that either facilitated the sexual abuse or should have protected the individual(s) from sexual abuse but failed to do so.
These institutions are schools, churches, youth organizations, medical facilities, hospitals, and detention centers among many other institutions that have a legal and moral duty to protect their members from sexual abuse. If they fail to do so, the institution can be held accountable by survivors through civil lawsuits.
Survivors can sue the institutions and ask for financial compensation by proving:
- The institution knew or should have known about the sexual abuse.
- The institution’s negligence enabled the abuse.
- The abuse caused severe harm to the survivor.
Summary and Final Words
Understanding your legal rights and options when alleging sexual abuse empowers you to take action.
The legal framework is in place for sexual abuse survivors to successfully file a lawsuit and claim the compensation they deserve. In the recent past, legal amendments such as the lookback window and other statute of limitations have significantly changed the landscape in favor of survivors.
The increase in high-profile lawsuits has created a domino effect in which more institutions are now paying for claims that date back to 30-40 years.
Time is of the essence if you have suffered sexual abuse in the recent or far past. Consult with experienced legal teams that can provide free and honest consultations and explain the next legal steps you can take to fight back and get the justice you deserve.
