According to the National Sexual Violence Resource Center (NSVRC), approximately 27% of women and 12% of men have experienced some form of unwanted sexual contact at some point in their life. These alarming numbers demonstrate just how big of a problem sexual abuse is in our country. Approximately 80% of abused children suffer from depression, anxiety, post-traumatic stress disorder, or other types of psychiatric disorder. The long-term impacts of sexual abuse can, and often are, overwhelming for victims.
While perpetrators may face criminal penalties for their actions, having them serve time behind bars often does little to help victims heal or move forward from their suffering. As a result, many victims also choose to pursue civil remedies to seek justice and accountability.
The Difference Between A Criminal Vs. Civil Sexual Abuse Lawsuit
When considering suing for sexual abuse, it’s crucial to understand the distinction between criminal and civil lawsuits. These two types of legal proceedings serve different purposes and have distinct outcomes.
Criminal Sexual Abuse Cases
In criminal cases, the law is used to punish the perpetrator for their crime. Criminal cases are prosecuted by the state or federal government. In these cases:
- The burden of proof is “beyond a reasonable doubt”
- Penalties may include imprisonment, fines, or probation
- Victims may testify but don’t control the case
Civil Sexual Abuse Lawsuits
Civil lawsuits allow victims to obtain compensation based on various damages they face. These lawsuits can be filed against perpetrators as well as other parties, such as schools, businesses, and other institutions, for negligent supervision or other forms of accountability.
It’s important to note that you can pursue both criminal and civil cases simultaneously. Many survivors choose to work with a sexual abuse lawyer when pursuing civil litigation. Monsees & Mayer can help you understand your rights, gather evidence, and build a strong case to seek compensation for the harm you have endured.
Elements Needed When Filing A Civil Lawsuit For Sexual Abuse
When considering suing for sexual abuse, it’s crucial to understand the key components required for a successful civil lawsuit. A sexual abuse lawyer can guide you through this process, but here are the essential elements you’ll need to establish:
Evidence of Abuse
To build a strong case, you must provide compelling evidence of the sexual abuse. This may include:
- Medical records documenting injuries
- Photographic evidence
- Witness statements
- Personal journals or diaries
- Text messages, emails, or other communications
Your sexual abuse attorney will help you gather and present this evidence effectively.
Proof of Damages
You’ll need to demonstrate the physical, emotional, and financial impact of the abuse. This can involve:
- Medical bills for treatment
- Therapy records
- Lost wages due to trauma
- Expert testimony on long-term effects
Statute of Limitations:
The statute of limitations determines how long victims have to file legal claims, and the timeframe varies based on several different factors, including the jurisdiction where the claim is being file. For example, In Missouri and Kansas, the time limits for filing a civil claim related to sexual abuse depends on the nature of the claim and when the abuse occurred.
In general, the Missouri civil statute of limitations for claims of negligence is 5 years from the date of the abuse. The civil statute of limitations for claims of child sexual abuse (victim is less than 18 years of age) is when the victim reaches the age of 31 for claims against the perpetrator, and age 26 for negligence claims against third party defendants. Certain exceptions apply so it is very important to speak with a qualified lawyer to understand the statute of limitations for your case.
In general, the Kansas civil statute of limitations for claims of negligence is 2 years from the date of the abuse. As of July 1, 2023, the civil statute of limitations for claims of child sexual abuse (victim is less than 18 years of age) allows individuals to file a lawsuit until they are 31 years old, or 3 years after a criminal conviction for a crime related to the alleged abuse. Likewise, certain exceptions apply so it is very important to speak with a qualified lawyer to understand the statute of limitations for your case.
The statute of limitations determines how long victims have to file legal claims, and the timeframe varies based on several different factors, including the jurisdiction where the claim is being file. For example, In Missouri and Kansas, the time limits for filing a civil claim related to sexual abuse depends on the nature of the claim and when the abuse occurred.
In general, the Missouri civil statute of limitations for claims of negligence is 5 years from the date of the abuse. The civil statute of limitations for claims of child sexual abuse (victim is less than 18 years of age) is when the victim reaches the age of 31 for claims against the perpetrator, and age 26 for negligence claims against third party defendants. Certain exceptions apply so it is very important to speak with a qualified lawyer to understand the statute of limitations for your case.
In general, the Kansas civil statute of limitations for claims of negligence is 2 years from the date of the abuse. As of July 1, 2023, the civil statute of limitations for claims of child sexual abuse (victim is less than 18 years of age) allows individuals to file a lawsuit until they are 31 years old, or 3 years after a criminal conviction for a crime related to the alleged abuse. Likewise, certain exceptions apply so it is very important to speak with a qualified lawyer to understand the statute of limitations for your case.
Steps Involved In Suing For Sexual Abuse
Filing a civil lawsuit against your abuser can help you get the compensation you need and deserve. Sexual abuse often leaves victims dealing with mental health challenges and other lasting effects, which is why many victims pursue lawsuits. A lawsuit allows victims to pursue compensation for medical treatment, lost wages, pain and suffering, and a variety of other damages victims face because of their attacks.
- Consult with a Sexual Abuse Attorney: The first step in pursuing a claim for sexual abuse is to consult with an experienced sexual abuse lawyer.
- File the Complaint: This document outlines your allegations, identifies the defendants, and specifies the damages you’re seeking. It’s crucial to include all relevant details while protecting your privacy to the extent possible.
- Discovery Process: After filing, both sides engage in discovery, exchanging information and evidence. This may involve depositions, interrogatories, and requests for documents.
- Hiring Experts: Sexual abuse cases often require the testimony of experts to strengthen your claim. These professionals may include medical specialists, psychologists, or vocational experts who can provide insight into the impact of the abuse on your physical, emotional, and financial well-being.
- Negotiations or Trial: Many civil sexual abuse lawsuits are settled out of court through negotiation. However, if a fair settlement can’t be reached, your case may proceed to trial.
Proving liability for an assault is often easier if a criminal conviction is made. In some cases, evidence from the criminal trial can be used to support your civil lawsuit. However, it is important to note that a lack of a criminal conviction does not prevent you from pursuing a civil lawsuit. Civil cases have a lower burden of proof—preponderance of the evidence—compared to the criminal standard of beyond a reasonable doubt. This means that even if a perpetrator is acquitted in a criminal trial, you may still succeed in holding them accountable in a civil case and obtaining the justice and compensation you deserve.
Finding A Sexual Abuse Lawyer To Represent You
When suing for sexual abuse, finding the right legal representation is crucial. A skilled sexual abuse attorney can make a significant difference in the outcome of your case. Here are some key considerations when selecting a lawyer:
- Compassionate Approach
- Track Record of Success
- Resources and Support
By carefully considering these factors, you can find a sexual abuse attorney who will advocate passionately for your rights and help you seek the justice you deserve.
