Child sexual abuse is a deeply traumatic experience that can have lasting effects on victims and their families. In addition to the criminal justice system, civil lawsuits can provide a means for victims to seek justice and compensation for the harm they have endured.

In many states, victims of child sexual abuse may pursue a legal claim regardless of how long it’s been since the abuse. An experienced personal injury attorney in Augusta can evaluate your case, give you guidance and advice, and protect your rights throughout the process.

What is Child Sexual Abuse?

Child sexual abuse is any sexual activity with a child that intends to gratify the sexual desires of an adult or older adolescent. This abuse can take many forms, including:

Child Sexual Abuse

  • Physical contact: Involves direct sexual acts such as fondling, penetration, or any inappropriate touching
  • Non-contact abuse: Involves behaviors without physical contact, such as exposing a child to sexual material, using a child in pornography, or soliciting sexual acts.
  • Exploitation: Using a child for sexual purposes, including sex trafficking or prostitution.
  • Grooming: The process of building a relationship with a child to gain their trust for the purpose of sexual abuse.

Unfortunately, child sexual abuse can happen anywhere with even the most trusted individuals. Sexual abuse involving children commonly occurs in the following settings:

  • Schools: Abuse can happen at educational institutions by teachers, staff, or peers.
  • Community organizations: Abuse often happens in youth clubs, sports teams, or religious organizations.
  • Online: The internet provides opportunities for grooming and exploitation, where offenders can target children through social media, gaming, and chat rooms.
  • Care facilities: Childcare centers, foster homes, and group homes can be environments where abuse occurs, often by caregivers or staff.
  • Medical centers: Hospitals, rehabilitation centers, and long-term living facilities regularly see child sexual abuse by medical personnel and other staff members.

Individuals regularly choose children over adults because they can be much easier targets. Child sexual abuse is a violation of a child’s rights and can have long-lasting emotional, psychological, and physical effects. Recognizing the signs is crucial to better protect children and support survivors. Child sexual abuse survivors should not hesitate to seek legal assistance to discuss options.

The Lasting Impacts of Sexual Abuse as a Child

Child sexual abuse doesn’t just affect children as it’s happening. In fact, in many cases, children don’t fully understand what is happening until they’re much older. Once child victims grow up, they’re more likely to develop numerous issues due to the abuse.

Sexual abuse in children can eventually result in:

  • Psychological impacts: Depression, anxiety, post-traumatic stress disorder (PTSD), and borderline personality disorder.
  • Physical consequences: Cardiopulmonary symptoms, gastrointestinal issues, pain/fibromyalgia, and overall poorer health.
  • Psychosocial impacts: Breakups/divorce, dissatisfaction with relationships, increased sexual dysfunction.
  • Socioeconomic consequences: Less likely to go to college, frequent unemployment, fewer annual earnings.

Children who experience sexual abuse tend to suffer in the long term, and their lives are never the same again. If you’ve experienced sexual abuse, it’s best to seek legal advice to determine whether you have recourse to pursue justice and compensation.

Who Can Be Held Liable for Child Sexual Abuse?

Liability for childhood sexual abuse can extend to various individuals and entities, depending on the circumstances. Individuals are often held accountable, including the perpetrator and parents or guardians. However, it is more common to hold institutions liable for turning a blind eye or allowing abuse. This can include:

  • Schools can be liable if staff members abuse or if the institution fails to protect students from known risks.
  • Organizations: Nonprofits, religious institutions, and community organizations may face responsibility if they fail to protect children from abuse, especially if they have inadequate policies or training regarding abuse prevention.
  • Child protective services: In some cases, if authorities fail to act on reports of abuse or neglect, they may be held liable for not protecting kids.

Determining who is liable for your sexual abuse is a key component of your case. Your sexual abuse attorney can thoroughly investigate the situation to determine fault and hold all responsible parties accountable for their wrongdoing.

Civil v. Criminal: Types of Legal Actions

Legal Actions

Sexual abuse is a crime. Therefore, it’s common for victims to believe the only option they have for justice is criminal prosecution. Criminal prosecution means the responsible party and/or institution is charged criminally for their wrongdoing. This case is pursued by the state rather than the victim and can result in several penalties, including fines and prison time.

A civil lawsuit is a private legal action initiated by the victim or their guardians against the perpetrator or any parties that may be liable. If the defendant is found guilty, they are responsible for providing monetary compensation based on the value of your claim.

Parties responsible for child sexual abuse may face both civil and criminal liability. Your sexual abuse lawyer can assess the situation and impart more clarity on your matter.

Statutes of Limitations for Child Sexual Abuse

One critical aspect of filing a civil lawsuit for child sexual abuse is the statute of limitations, which varies by jurisdiction. You must file a lawsuit after the abuse occurs in this timeframe.

States often allow one to six years to file claims for personal injury. However, sexual abuse claims are unique, usually warranting more time.

Many jurisdictions have special provisions for child sexual abuse cases, often allowing victims to file lawsuits until many years after they turn 18 or, in some cases, even longer. For example, in Georgia, the law states that victims who experienced sexual abuse before July 1, 2015, must commence their claim on or before they reach the age of 23. Whereas in New Hampshire, a victim of sexual abuse may commence an action at any time.

Because statutes of limitations for child sexual abuse can vary so greatly, it’s essential to discuss this detail with your sexual abuse attorney right away. Your attorney can ensure you understand the laws and procedures for your state and how they impact your case.

Compensation Available for Child Sexual Abuse Victims

Aside from seeking justice, the primary reason to file a lawsuit is to secure fair compensation. Damages for child sexual abuse cases can take many forms aimed at addressing the physical, emotional, and psychological suffering. As a victim, you may have the right to receive compensation for:

  • Medical expenses: Costs for therapy, counseling, or medical treatment related to the abuse.
  • Lost income: If the abuse impacts your ability to work, you can pursue the value of your lost earnings.
  • Pain and suffering: Monetary compensation for emotional distress and trauma.

Additionally, some jurisdictions allow for punitive damages. These damages punish the defendant for their wrongful actions and deter others from engaging in similar acts in the future.

It’s essential to understand the value of your claim. Your lawyer can thoroughly review the specifics of your case and calculate your damages. Knowing how much your claim is worth helps ensure you receive adequate compensation.

Filing a Civil Lawsuit for Child Sexual Abuse

Child sexual abuse cases are unique. Therefore, your experience with filing a lawsuit may vary. However, the following can give you an idea of what to expect when pursuing justice and compensation through a legal claim.

Gather Evidence

Evidence can play a vital role in building a strong case. As soon as you’re able, begin collecting evidence related to your situation, which can include:

  • Medical records
  • Psychological evaluations
  • School records
  • Police reports
  • Witness statements
  • Journal entries
  • Photos or videos

Filing Civil LawsuitGather your evidence and documentation before meeting a lawyer. This preparation can help your attorney understand the circumstances of your case and provide you with informed legal opinions and advice. Include relevant medical records, accident reports, photographs, and witness statements. As your case progresses, your lawyer will continue to pursue additional evidence, such as professional testimonies or surveillance footage, to strengthen your position and enhance your chances of securing a favorable outcome. This proactive approach sets a solid foundation for your case and allows for a more thorough representation.

Consult an Attorney

Schedule a consultation with a local lawyer who has experience with civil lawsuits related to child sexual abuse. A seasoned attorney can provide support and guidance as they represent you throughout the legal process. Child sexual abuse cases can be particularly challenging, so having the right representation is vital.

File the Lawsuit

As you proceed, your lawyer will work on filing your lawsuit. They will begin by choosing the venue to file the lawsuit, usually in the state where the abuse occurred. However, if the abuse involves an institution, jurisdiction may vary.

Your attorney will draft the complaint, which outlines your claims. A well-drafted complaint should include:

  • Parties: Identify the plaintiff (victim) and the defendant (perpetrator/institution).
  • Jurisdiction and venue: Explain why the chosen court has the authority to hear the case.
  • Facts of the case: Provide a detailed account of the abuse, including when and where it occurred.
  • Claims for relief: Specify the legal claims (e.g., negligence, intentional infliction of emotional distress).
  • Damages: Outline the types of damages sought, including economic and non-economic ones.

Once you direct the complaint, it must be filed with the appropriate court, accompanied by the required filing fees. After filing, the complaint must be served to the defendant(s), ensuring they receive formal notification of the lawsuit. The defendant(s) then have a certain number of days to file their response to your complaint with the court.

Engage in Discovery

After the complaint has been filed and served, parties enter the discovery phase, gathering evidence and exchanging information. This can include:

  • Interrogatories: Written questions the parties must answer under oath.
  • Depositions: Sworn testimony taken from witnesses and the parties involved.
  • Requests for documents: Parties may request relevant documents from each other to build their cases.

Discovery can be time-consuming but is crucial to the success of your claim. During this time, your lawyer will work diligently to strengthen your case as much as possible with acquired evidence and documentation.

Negotiate

Parties may negotiate at some point in the process, often after discovery. Settling the case benefits all parties involved, as it removes the need to go to trial, saving time, energy, and money. Your attorney will negotiate to get you the fairest possible outcome.

Additionally, before trial, either party may file pre-trial motions to resolve the issues before the trial begins, such as motions to dismiss or motions for summary judgment.

Go to Trial

If the case doesn’t resolve through motions or settlement, it will proceed to trial. Both sides present their evidence and arguments during the trial, and the judge or jury will decide. The trial process typically involves:

  • Opening statements: Both parties outline their cases.
  • Presentation of evidence: Witnesses take the stand, and you present documents.
  • Closing arguments: Both sides summarize their cases and attempt to persuade the judge or jury.
  • Verdict: After deliberation, the jury reaches a verdict. If they favor the defendant, they may award damages.

Going to trial can add stress and complexity to your case. However, you can rely on your attorney to continue representing your best interests until the end. They will guide you through the legal intricacies, prepare you for what to expect in court, and advocate for your perspective. With their support, you can focus on your recovery while they advocate for the compensation you deserve, providing peace of mind during a challenging time.

Allow a Skilled Attorney to File Your Child Sexual Abuse Lawsuit

Car Accident Lawyer, Jacque Hawk
Jacque Hawk, Personal Injury Attorney in Augusta

Filing a civil lawsuit for child sexual abuse can be a complicated process that requires careful consideration, preparation, and support. Survivors can take significant steps toward seeking compensation and healing by understanding the legal framework, seeking legal representation, and navigating the litigation process.

If you or a loved one have experienced child sexual abuse and are considering taking legal action, consult with an experienced sexual abuse lawyer. A lawyer can provide guidance tailored to your specific situation and make you feel much less alone as you embark on your journey toward justice.