Legal Defenses for Sexual Abuse Lawsuits

This content contains sensitive subject matter related to sexual abuse.

It is not easy for survivors of sexual abuse to come forward and report sexual assault. Victims of abuse can face pushback from the abuser, co-workers, friends, and even family members. When someone goes forward with a sex abuse civil lawsuit, they should be aware of the types of legal defenses the abusers will claim to avoid civil liability.

Sex abuse laws are different in every state. You should talk to a local professional for legal advice where you live. If you have questions about civil legal options for sex crimes, contact a sexual abuse attorney for help.

What Can You Expect in a Sex Abuse Civil Lawsuit?

Sexual abuse is a crime, but it can also be a basis for a civil lawsuit. Going forward with a civil sexual abuse case is difficult for the victim. The abuser’s attorney may try to blame the victim or claim that their client is a victim of false allegations. A defense attorney can try everything to make it seem like you are lying, dishonest, or have a bad reputation.

A criminal defense lawyer representing a sex offender must show that prosecutors failed to prove guilt beyond a reasonable doubt to avoid a conviction. However, the standard in a civil case is “a preponderance of the evidence.” This means deciding if it is more likely than not that the defendant abused the plaintiff. A civil plaintiff only has to show it is more than 50% likely that the defendant is liable.

Sitting through a lawsuit over sexual abuse claims can make the victim feel like they are being victimized again. A survivor of sexual abuse can benefit from an attorney who understands their situation and can prepare them for what to expect when going through the legal process.

What Are Common Sexual Abuse Defense Strategies?

A sex abuse defense attorney will give their client the best options when facing allegations of sexual abuse. Some of the most common defenses include:

• Challenging DNA evidence: This can also be an important component of any civil lawsuit, just like it would be in a criminal trial.
• Saying that sexual activity was consensual: This is a common defense if it is hard to prove that the sexual activity didn’t happen.
• Arguing the abuse happened too long ago: The statute of limitations is strict when it comes to filing a lawsuit. It is important to be aware of them.
• Saying there are no witnesses: Witnesses are an important component to many lawsuits. If there are none, the defense will likely bring that up to make it a case of defendant vs. plaintiff’s memories.
• Discrediting the victim or questioning the motivation: The defense lawyer will often try to paint a picture of a plaintiff’s alleged “true” reasons for filing a lawsuit. These can include false accusations for leverage in a child custody dispute, to get revenge, or because of regret or shame for a consensual sexual encounter.
• Questioning the accuser’s memory: For people who come forward as adults after suffering abuse as a child, the defense will often challenge the accuser’s memory or say they had false memories of abuse.

How Can a Sex Abuse Attorney Help?

If you were abused and want to know your legal rights, you can talk to a sex abuse lawyer about what you can expect. A sex abuse lawyer can help you report non-consensual sexual intercourse, statutory rape, or other sexual offenses to the police.

Your lawyer can also help you file a lawsuit for monetary damages to help pay for the losses you’ve suffered due to your abuse. They can also help you prepare for any of the defense strategies listed above to put you in the strongest position possible to assert your rights and get the justice you deserve.