We Want to Enable Survivors and Prevent Future Victims
Thousands of reports of child sexual abuse are filed each year in the United States and the annual estimated cost of abuse in the United States is nearly $94 billion. It has been estimated that 15 to 25 percent of women and 5 to 15 percent of men are sexually abused as children, and most incidents go unreported and untreated.
A child who suffers sexual abuse or molestation may develop serious psychological issues, including low self-esteem, a feeling of worthlessness and a distorted view of sex. It may be difficult for an abuse victim to relate to others or become involved in healthy relationships. Delinquency and conduct problems, depression and suicidal behavior are common consequences of sexual abuse that can last well into adulthood, and in some cases, throughout a lifetime.
At the law firm of Hartley Hampton, P.C., we are not only concerned with helping the survivors of sexual abuse. We are also committed to creating awareness of sexual abuse and educating people about the prevention of abuse within families and organizations.
OVERVIEW OF A CIVIL SEXUAL ABUSE LAWSUIT
A civil lawsuit is a suit for damages. It is an action to compensate the victim for the pain, both mental and physical, that the perpetrator inflicted, and for impact that the abuse has had on the victim's life.
Unless a perpetrator has the financial wherewithal to satisfy a significant judgment, he will often take personal bankruptcy if he is sued. Therefore, most successful civil suits are brought against the institution that aided and abetted the perpetrator. This could be a church, a hospital, a youth organization or any number of other institutions.
As the plaintiff, the victim will initiate the case by filing a lawsuit. This can usually be done by using the victim's initials, or by filing as "John Doe."
In a negligence case, the plaintiff will usually be required to prove that the defendant was negligent. Most often, this requires that the plaintiff prove "notice" which simply means that the defendant knew, or should have known, that the perpetrator was a danger.
For example, if the lawsuit is against a religious organization, the plaintiff may establish that the assailant had a history of abusing other victims, perhaps in other churches within the organization. Sexual predators are almost always repeat offenders.
Then the plaintiff must prove that the defendant was negligent in doing something, or failing to do something, that allowed the perpetrator access to his victim. Again, using the example of a church, perhaps someone with a history of pedophilia was allowed to lead a youth group or take children on unsupervised outings.
Proof of that nature will establish "negligence". The plaintiff would then be able to recover damages for the injuries caused by that negligence.
Those would include both the acute physical and mental injury as well as the life-altering, long-term impact of the abuse. Some victims are unable to finish school. Some are unable to function in their chosen careers. Some require long-term therapy. The economic impact of these changes can be developed with expert testimony.
The plaintiff always bears the burden of proof but the standard is "a preponderance of the evidence," with is a lower, easier standard than "beyond a reasonable doubt", which is used in criminal cases.
The most formidable defense to a lawsuit of this type is that the statute of limitations has expired. Each state has its own statute of limitations and sexual abuse cases—particularly involving children—usually receive special treatment. However, even if the statute of limitations has not expired, the passage of time makes it more difficult to assemble the necessary proof.
STATUTES OF LIMITATIONS
A "statute of limitations" is a deadline on filing a civil suit or initiating criminal charges against a defendant. It is an arbitrary deadline that a state legislature imposes to cut off the right of a victim to seek compensation or, in the criminal context, the ability of the state to punish a perpetrator.
Because we focus exclusively on civil lawsuits for damages, this article is limited to those cases. If you have questions about filing criminal charges against an abuser, you should call the police department in the city or county where the abuse occurred.
All states have statutes of limitations and, often, they are complicated by laws that "toll" or stop the clock from running for various reasons. For example, most states do not start the statute of limitations until the victim reaches the "age of majority," which is 18 in most states. Other states have "discovery rules" which allow suit to be brought within a certain time after the victim recognizes that his or her damages were caused by sexual abuse.
In 2002, the California Legislature amended its statute of limitations to allow victims to file claims during a one-year "window," even if the limitations period had expired. The results of this experience provided dramatic proof that statutes of limitations were particularly harsh and unfair to sexual abuse survivors.
Psychologists have long argued that sexual abuse actually can disable its victims—sometimes for years--and prevent them from coming forward. In California, more than 1,000 abuse survivors took advantage of the window to file claims against their assailants, which is powerful evidence to support extending or eliminating limitations periods.
The California experiment also confirmed the extent to which public safety suffers when statutes of limitations cut off the claims of abuse victims. Civil lawsuits identified more than 300 perpetrators who had never before been identified as well as the role of religious organizations in aiding and abetting the perpetrators.
Preventing, Recognizing and Reacting to Child Sexual Abuse
Child sexual abuse is a complex problem. But by becoming educated about abuse, responsible adults can understand what to do to prevent, recognize and react to incidents of abuse.
Parents should talk to their children about inappropriate touching and tell them what to do if someone tries to do things that are inappropriate. Children need to be made to understand that they have the right to say no. Parents also need to think carefully about the safety of their children whenever they may be in one-on-one situations with other adults. This includes situations in children's institutions, healthcare facilities and religious organizations.
A child may be reluctant to report sexual abuse to an adult. The child may be threatened by the abuser with violence or the child may be worried about what other family members may say or think if the secret is told. There are warning signs of abuse, however, that adults can observe. These include physical signs, such as rashes or swelling, urinary tract infections or chronic pain that is associated with anxiety. Children may also have emotional or behavioral problems that include withdrawal, depression, anger and sexual behavior or language that is not age-appropriate.
In some cases, however, there may be no signs of the abuse.
Once you learn of an incident of abuse or have suspicions of abuse, you must take action — not only for one child, but for others who may also be suffering abuse by the perpetrator. There are many helplines, advocacy centers and community agencies that provide outlets for reporting abuse. These resources can help if you are suspicious that abuse has occurred. YOU SHOULD CONTACT THE POLICE OR CHILD PROTECTIVE SERVICES RIGHT AWAY IF YOU KNOW ABUSE IS TAKING PLACE.
You Are Not Alone. Contact a Lawyer If You or a Loved One Has Suffered Abuse.
In addition to the protections provided by the criminal justice system, you also have the right to seek monetary damages in civil court against sexual abusers. Attorney Hartley Hampton serves clients in Texas and nationwide. Contact our firm learn more about your rights. Call our Houston office at 713-574-8660 or toll free at 866-635-0811.
