Lawsuits for Victims of Sexual Abuse

What is a Sexual Abuse Lawsuit?

Sexual abuse is anytime a perpetrator makes unwanted or non-consensual sexual contact with a victim.  Child sexual abuse is when an adult or older adolescent makes inappropriate or sexual contact with a person under the age of consent. ¹

A sexual abuse lawsuit can be filed after an occurrence or a series of occurrences of sexual abuse. Sexual abuse civil lawsuits can be filed against both the perpetrator and the employer of the perpetrator.

Sexual abuse is a huge problem in the United States as 20% of men and 30% of women have suffered from at least one incident of sexual abuse. ³

According to RAINN, 1 in 53 boys and 1 in 9 girls have been a victim of sexual abuse ⁴.  Also, legal and industry experts have estimated these numbers will likely increase significantly in the next decade without prevention.

What are the Types of Sexual Abuse Lawsuits?

Every situation has a somewhat different sexual abuse lawsuit process. In some cases when a sexual incident is reported, a Criminal Sexual Abuse case would be filed. This lawsuit is not filed by the victim but filed as a lawsuit from the state.  Unlike in a civil lawsuit, in order to obtain a guilty verdict, the prosecution must prove it’s the case beyond “all reasonable doubt”. ² It is possible if a guilty verdict obtained by the prosecution, the jury may choose to award compensation directly to the victim, in addition to criminal punishment for the defendant. Even if the jury does not provide compensation, the victim may then file a sexual abuse civil lawsuit to recover financial damages suffered from the abuser.

Accusers of sexual abuse are still entitled to file a Sexual Abuse Civil Lawsuit, regardless of the verdict of the criminal lawsuit.  It is obviously in the advantage of the plaintiffs for the criminal case to rule against the defendant, but it’s not a requirement in order to file a civil lawsuit.

Civil sexual abuse lawsuits differ from criminal lawsuits in requirements of when reaching a verdict. Civil lawsuits need what is called “preponderance of the evidence” to decide the outcome of the lawsuit. ⁵ “Preponderance of the evidence” means the judge or jury only needs a majority decision to render a guilty or liable verdict in favor of the victim. Instead of needing 100% “beyond reasonable doubt” criteria for a criminal conviction, a civil sexual abuse settlement recovery may be obtained with a jury ruling over 50% in favor of the plaintiff.

Victims may also file a sexual abuse lawsuit against defendants other than the perpetrator who committed the actual abuse. These include employers, schools, religious institutions, and other defendants who may have acted negligently in allowing the abuse to occur.

For example, there were over 250 sexual abuse lawsuits filed against the Boy Scouts of America, with another 1,400 lawsuits in the process of being filed. The Boy Scouts of America declared “bankruptcy” and now has set up a sexual abuse settlement program. There are reports that the Boy Scouts of America have set aside $1 Billion dollars for this sexual abuse bankruptcy settlement. ⁸

Eligibility For a Sexual Abuse Lawsuit

Anyone who has been a victim of sexual abuse or caretaker of a child who was a victim is “eligible” to file a lawsuit. However, there are “statute of limitations” restrictions that limit the time period in which a sexual abuse incident occurred and when the lawsuit was filed. ⁶ Most states have different time period requirements of what constitutes the statute of limitations.

In some states the statute of limitations for filing a sexual abuse claim can be very short. There have been experts in the media reporting the average age to disclose a childhood sexual abuse incident is 52 years old. ⁷    There have many legal advocates fighting in every state to increase the number of years a possible victim can come forward and file a lawsuit. There has been great success in the fight to increase the years of limitations. It is possible if you were previously unable to file a sexual abuse lawsuit, new litigation may provide another opportunity for compensation.

How Do I File a Sexual Abuse Lawsuit?

Our legal network of partners is investigating sexual abuse lawsuits for anyone that was a victim of sexual assault. We work with you to find the best path to justice through all our available legal options. Our team of legal partners work on a contingency basis which means there are no costs to you for filing a sexual abuse lawsuit. Contingency lawyers only get paid if they are able to gain you a recovery.

When contacting our legal team of partners, we ensure your identity remains private without your consent.  For any questions or to file a sexual abuse claim please contact us (800) 888 22 44.