Survivors of sexual abuse have legal options to seek justice and compensation through civil lawsuits. These claims are separate from criminal prosecutions and focus on obtaining compensation for the harm suffered. Understanding your legal rights empowers survivors to make informed decisions about pursuing justice.
Civil Lawsuits vs. Criminal Charges
Criminal cases are brought by prosecutors on behalf of the state. The goal is punishment through imprisonment or other penalties. Victims don't control whether charges are filed or how cases proceed.
Civil lawsuits are filed by survivors themselves. The goal is financial compensation for harm suffered. Survivors control their cases and make key decisions about settlement or trial.
Civil cases use a lower burden of proof - preponderance of evidence (more likely than not) rather than beyond reasonable doubt. This means civil claims can succeed even when criminal cases don't.
Who Can Be Sued
Individual perpetrators can be sued directly for assault, battery, and intentional infliction of emotional distress. However, perpetrators often have limited assets to pay judgments.
Institutions that employed, supervised, or enabled abusers often provide greater resources for compensation. Schools, churches, youth organizations, and employers may be liable.
Third parties who knew or should have known about abuse but failed to act can face liability. This includes supervisors who ignored complaints and organizations that covered up abuse.
Types of Sexual Abuse Claims
Sexual assault and battery claims address the direct physical violation. These intentional tort claims don't require proving negligence - the harmful contact itself establishes liability.
Negligence claims against institutions allege failures in hiring, supervision, training, or response to reports. Organizations owe duties to protect those in their care.
Negligent hiring and retention claims establish that organizations knew or should have known about an abuser's propensities but hired or kept them anyway.
Intentional infliction of emotional distress addresses the psychological harm from abuse, recognizing that emotional injuries can be as devastating as physical ones.
Damages Available to Survivors
Medical and therapy expenses - past and future treatment costs for physical and psychological injuries resulting from abuse.
Lost wages and earning capacity - income lost due to psychological effects of abuse, including inability to work or reduced career achievement.
Pain and suffering - compensation for physical pain, emotional anguish, and psychological trauma from the abuse and its aftermath.
Punitive damages - additional amounts to punish particularly egregious conduct, especially institutional cover-ups that enabled ongoing abuse.
The Lawsuit Process
Initial consultation with an attorney allows you to tell your story confidentially and learn about your legal options without commitment.
Investigation gathers evidence - your account, medical records, witnesses, institutional records, and any documentation of the abuse or institutional knowledge.
Filing the complaint formally begins the lawsuit. You may file under your name or, in some jurisdictions, anonymously using pseudonyms like "Jane Doe."
Discovery allows both sides to gather evidence. Defendants may take your deposition, requiring testimony under oath. Your attorney prepares you for this process.
Settlement or trial - most cases settle before trial through negotiation. If settlement fails, the case proceeds to trial where a jury decides liability and damages.
Privacy Protections
Many jurisdictions allow anonymous filing using pseudonyms. Survivors can pursue claims without public identification.
Protective orders limit disclosure of sensitive information. Courts recognize the need to protect survivor privacy during litigation.
Sealed records may keep certain documents and proceedings confidential. Your attorney can request appropriate protections.
Trauma-Informed Legal Representation
Experienced sexual abuse attorneys understand trauma responses including memory fragmentation, delayed disclosure, and emotional triggers.
Your attorney should provide a safe environment to tell your story at your pace. You control how much detail to share and when.
Legal proceedings can be retraumatizing. Good attorneys minimize trauma while effectively pursuing your claim.
Taking the First Step
Consultations are confidential and typically free. Speaking with an attorney doesn't commit you to filing a lawsuit.
You don't need all the answers. Attorneys can investigate and fill in gaps in evidence. Imperfect memories don't prevent claims.
You're not alone. Many survivors have successfully pursued justice through the legal system. Resources and support are available.