How To File a Lawsuit for Sexual Abuse

This content contains sensitive subject matter related to sexual abuse.

Many survivors of child sexual abuse or sexual battery don’t get the justice they deserve. But even if law enforcement and the criminal justice system didn’t help, you may still be able to file a lawsuit in civil court to hold the abuser accountable for what they did.

The requirements for filing a civil sexual abuse claim varies based on state law. To get more information about your legal options, talk to a sexual assault lawyer where you live.

What Are the Basics of a Sexual Abuse Lawsuit?

According to the Rape, Abuse & Incest National Network (RAINN), someone is sexually assaulted every 68 seconds in America. However, only about 25 of every 1,000 perpetrators will get jail time.

Survivors of sexual abuse may have a lot of questions about how to file a lawsuit. A sexual abuse civil case is separate from a criminal case. In a criminal case, the prosecutor brings the charges against the abuser. In a civil case, the victim of abuse can file a lawsuit for wrongful harm.

Can You Sue?

To file a lawsuit, you need what the law calls standing. A victim of sexual abuse generally has standing because they are the person who was harmed.

Where To Sue?

Your lawyer will file a civil lawsuit in the county where the abuse occurred. However, in some cases, you may be able to file a lawsuit where you live or in the area where the abuser lives.

Who Can You Sue?

In a legal action, the plaintiff — the victim — files the case against the defendants for damages. Defendants in a sexual assault lawsuit can include the abuser. However, you may also be able to sue daycare providers, schools, universities, churches, coaches, or other organizations or people who may be liable for abuse.

Is There a Time Limit to File a Sexual Abuse Case?

The statute of limitations sets a time limit on filing certain types of cases. The time limit is different in every state. However, some states have changed their laws to extend the time limit in cases of child molestation or child sexual abuse. Depending on your state laws, even if you suffered sexual violence as a child, there may still be time to file a civil lawsuit against the abuser or other organizations. Your lawyer can advise you about this.

How Can I Join a Class Action Lawsuit for Sexual Abuse?

Many victims of sexual assault find out there were other victims after news reports or notice of a lawsuit. Seeing that you are not alone can help you speak out about abuse. After reported abuse involving priests, college coaches, and leaders in youth groups like the Boy Scouts, many other victims of abuse also chose to come forward.

If there is an existing class action lawsuit for sexual abuse, you may be able to join if your case is similar to the other victims. However, you may want to get your own legal advice before joining a class action. An attorney that represents you has a duty to do what is in your best interests and can give you the best advice about joining a class action case.

Can I File a Civil Lawsuit if There Were No Criminal Charges?

You can still file a civil case even if there were no criminal charges. Even if there was a criminal prosecution but the abuser was found not guilty, you may still be able to file a civil lawsuit for damages. This is because the burden of proof is different in civil court.

In criminal court, the prosecutor has to prove the elements beyond a reasonable doubt. In civil court, the burden is lower. The sexual abuse survivor only has to show that by a preponderance of the evidence, the defendant is liable.

Can a Sexual Abuse Attorney Help Me File a Lawsuit?

A personal injury lawyer with experience representing sexual abuse victims can offer a case evaluation to let you know your legal options. Your consultation is private because of the lawyer’s duty of confidentiality. An attorney can tell you if you can file a lawsuit, what the process is like, and file the case in court for you.

A lawyer can also give you a good idea of how much monetary compensation you might be able to recover in settlement negotiations or at trial. Damages in a sexual harassment case can include more than just medical expenses for physical injuries.

A civil suit may be the best option to get financial compensation in sexual assault cases. Consider talking to an experienced sexual abuse lawyer for legal advice about your case before making any decisions.