Texas Sexual Abuse Attorneys

Does My Abuser Need to Be Convicted for My Case to Succeed?

While a civil case can be filed and even won without a criminal conviction or even a criminal charge brought against the defendant, a conviction in a criminal case can be powerful evidence in the plaintiff’s favor in a civil suit. There is no jail time on the table for a defendant in a civil trial.

I Was Abused by a Member of the Clergy. Who Is Liable?

As previously mentioned, the potentially liable parties in sex abuse cases include clergy, as well as a school or other institution’s staff members. Some of the possible issues your attorney will be looking for in your case when determining liable parties include:

• Was a full background check performed on the abuser before they were hired? Was there anything in the defendant’s past employment history that indicated that they might sexually abuse children?
• Did the victim tell anyone else associated with the church, school, or institution that abuse had taken place? Did anyone else who knew about the abuse report it to the church, school, or institution? Individuals who are entrusted with caring for children have an obligation to report allegations of abuse to authorities.
• Did the organization have a policy in place to properly deal with allegations of sexual abuse, and was that policy followed?
• Was an investigation of abuse allegations performed by officials at the church, school, or institution?
• Was there any attempt made, by anyone, to conceal evidence, reports, or allegations of the abuse from school officials, social services, or law enforcement?
• Was there any attempt on the part of anyone affiliated with the church, school, or institution to intimidate the victim or coerce them into not speaking about or reporting the abuse?

What if the Abuse Occurred Years Ago?

Many states are rethinking their statutes of limitations in sexual abuse cases so that victims can recover compensation for the damages they incurred. This is taking place due to the sheer number of survivors who continue to suffer from the lasting effects of sex abuse, even into adulthood. Your personal injury attorney can discuss your legal options with you.

Sexual Abuse Cases in the News

What does a civil lawsuit for sexual abuse look like? While each case is unique and subject to the laws of the state in which the abuse occurred, here are some news stories that may shed some light:

• A lawsuit was filed against the Boy Scouts and the Montana Boy Scout Council by two men who say they were abused by scout leaders. The suit alleges that the Boy Scouts organization failed to implement and enforce child protection policies and that they failed to properly vet troop leaders in spite of previous allegations of abuse made against them. While the organization issued a statement saying that it believes victims who come forward and pays for their counseling when abuse occurs, the men initially reported the abuse in 1968 and 1980, and no action was taken. The lawsuit states that the organization was aware of the abuse but concealed it from potential members and their families. Montana lawmakers recently extended the statute of limitations for sexual abuse cases, allowing a one-year window in which older cases could be filed.
• California Gov. Gavin Newsom signed a law allowing the victims of childhood sexual abuse to file lawsuits against their abusers until the age of 40. Previously, the statute of limitations had been when the victim turned 26 years old or three years after the abuse was discovered. California and other states that have chosen to modify their statutes of limitations did so over the protests of school districts, which argued that the changes to the law would break them financially. The law also suspends the statute of limitations for three years beginning on January 1, 2020, to provide child sexual abuse survivors over the age of 40 time to file lawsuits if they wish. A Seattle-based attorney stated that his firm is currently representing 100 child abuse victims from across California who have been waiting for the law to change.
• New Yorkand New Jersey both increased their statutes of limitations for child sexual abuse cases, allowing victims to file a lawsuit until they reach the age of 55. Additionally, New York suspended the statute of limitations for one year, resulting in scores of suits filed against hospitals, schools, and churches.
• In Minnesota, a children’s theater company agreed to settle with 16 former students who were abused by former staff members in the 1970s and 1980s, and is planning to settle nine remaining lawsuits soon. The lawsuits were filed after Minnesota suspended its statute of limitations on child sex abuse cases in 2013. Earlier this year, one of the cases went to court and the court found the theatre company generally negligent but not liable for the rape of a former student by a company actor when she was 15 years old.
• Following a long-awaited release of a report detailing sexual abuse within the Colorado Catholic dioceses, which named 40 priests accused of abuse, survivors of that abuse urged lawmakers to suspend the statute of limitations so that they could file lawsuits against their abusers. The victims stated that these lawsuits would uncover information that the report left out. Survivors also noted that the report did not result in a criminal investigation, but rather was categorized as an out-of-court mediation as a result of a deal between the state attorney general’s office and the three Roman Catholic dioceses in Colorado. As part of the deal, church leaders were allowed to approve the members of the investigative team. Some religious officials were not investigated or included in the review, including one who had been accused of abuse by 23 former students at the high school where he worked. The dioceses were also responsible for producing their files for investigators and paid for half of the costs of the investigation. The report also does not name church leaders who moved priests to other locations or allowed them to keep working in spite of abuse allegations against them. The attorney general stated that the report was done to provide justice to the abused while also protecting their confidentiality. Colorado’s statute of limitations allows victims to sue over child sex abuse cases until age 24, or two years after the abuse occurred.

If you are a survivor of child sex abuse, contact an experienced lawyer about your case can answer your questions and help you decide how to proceed.