A Legal Overview of Sexual Abuse

This content contains sensitive subject matter related to sexual abuse.

Sexual abuse can take many forms. Abuse can involve family members, partners, clergy, teachers, daycare providers, or even total strangers. Sexual abuse is a crime, but abusers are not always held accountable for their actions. Victims of sexual abuse may be able to file civil claims against abusers.

This page provides a legal overview of sexual abuse, but sexual abuse laws are different in every state. For more information about sexual abuse in your state, talk to a sexual abuse attorney in your area for advice.

What Is the Definition of Sexual Abuse?

Each state defines sexual abuse in a different way. Some states call it sexual battery or sexual assault. In general, sexual abuse involves sexual conduct or sexual activity without consent. This includes sexual acts with minors who cannot legally consent to sexual contact. Sexual abuse can involve adults or minors.

Child sex abuse also includes rape, statutory rape, molestation, prostitution, indecent exposure, child pornography, or other forms of sexual exploitation of children. According to the Centers for Disease Control and Prevention (CDC), approximately one in four girls and one in 13 boys in the U.S. experience sexual abuse.

How Are Criminal and Civil Sexual Abuse Cases Different?

Criminal penalties for conviction on sexual offense-related charges can include prison time and registration as a sex offender. However, not all abusers are convicted, even if the victim of the physical abuse reports it. Prosecutors frequently don’t go forward with sex crime charges because there is not enough evidence or the statute of limitations has expired.

Civil sexual abuse claims are different. There are no criminal penalties associated with civil lawsuits, and the victim can only recover financial compensation. However, you can take your case to court even if the abuser is never convicted or charged. This is another way to hold the abuser accountable for their actions.

The legal standard is lower in a civil case than under criminal law. For a civil sexual harassment or abuse case, you only have to prove that the abuse happened “by a preponderance of the evidence,” which means more likely than not. Under the criminal justice system, law enforcement must prove a case “beyond a reasonable doubt.”

Changing Understanding of Sexual Abuse Laws

There have been numerous changes in sexual abuse laws in recent years. For example, the #MeToo movement brought new light to the sexual violence against many women, including by men in positions of power. A number of states changed laws to prohibit the use of nondisclosure agreements to silence speaking out about sexual harassment.

Laws have also reflected a renewed focus on survivor welfare. High-profile sex offense cases involving young children abused by priests, coaches, or leaders of organizations have also changed sexual abuse laws.

Many abusers never faced charges because it was years before the victims came forward — after the statute of limitations expired. As a result, a number of states extended the amount of time a victim of sexual abuse as a child could take their case to civil court for damages against the abuser or organization.

Another change involves the shift in sexual abuse online. Some abusers can use the internet to coerce children into sending sexual images of themselves or others. Revenge porn can involve sharing nonconsensual nude images online to harass or for blackmail. State laws have been slow to adapt to online sexual abuse.

How Can a Sexual Abuse Lawyer Help?

An experienced sexual abuse attorney can listen to your case and tell you about your legal options. Lawyers have a duty of confidentiality, so anything you say will remain private. Understanding your options can help you decide if you want to file a lawsuit against the abuser.

Sexual abuse can impact mental health and lead to post-traumatic stress. A lawyer can help victims of maltreatment can get damages for their losses, including for:

• Health care
• Mental health counseling
• Emotional distress
• Pain and suffering
• Punitive damages

Your attorney may also be able to negotiate a settlement in a sexual abuse lawsuit. A settlement can help you recover money to make the abuser pay for what they did. A settlement is also a way for you to avoid the stress, time, and expense of a public trial. To understand more about how a sexual abuse lawyer can help, find a sex abuse attorney for a consultation about your case.