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The Legal Process for Sexual Abuse Cases: A Comprehensive Guide
Coming forward after experiencing childhood sexual abuse is a difficult journey that takes incredible courage. If you have suffered from childhood sexual abuse, you have legal rights and options. Knowing how to pursue justice can empower you to seek accountability for the harm you’ve experienced and help you on your healing journey.
This guide provides information about the differences between criminal charges and civil lawsuits, as well as how statutes of limitations play a role in your pursuit of justice. Please note that while we strive to approach this topic with compassion and respect, some content may be triggering for survivors of child sexual abuse.
Understanding Sexual Abuse Cases
Both the criminal and civil justice systems provide paths to accountability for sexual abuse. While criminal and civil cases share a common goal—justice—they are handled differently and ultimately produce different outcomes.
The criminal justice system aims to hold the offender accountable for their actions and is necessary to protect the community from unsafe behavior and individuals. However, the focus is on punishing the offender and is limited in what it can do for victims. For instance, while the criminal justice system provides restitution to survivors, such restitution does not account for the long-term impacts of childhood sexual abuse and trauma.
For a defendant to be convicted of charges, prosecutors must prove guilt beyond a reasonable doubt, a rather high bar. Prosecutors ultimately decide whether to bring civil charges, and survivors have little control over the process. Moreover, while the criminal justice system might hold the abusers accountable, charges are rarely brought against organizations and institutions that enable the harm.
Meanwhile, the civil justice system aims to make victims whole. Civil lawsuits allow victims to pursue monetary compensation to access the resources they will need for the rest of their lives. This support may include financial assistance for medical services, therapy, education, or other essential needs. Additionally, since institutions and businesses cannot face jail time, the civil justice system can hold these organizations accountable for their role in causing harm.
In addition, the burden of proof is lower in civil cases, with the plaintiff only needing to prove the defendant’s liability by a preponderance of the evidence, meaning that the claim is more likely true than not.
Statute of Limitations: Why It Matters
Child sexual abuse has been a persistent problem in many societies worldwide. For decades, survivors have faced significant challenges in obtaining justice, often due to various factors, including statutes of limitations. This is where statute of limitations reform comes in.
Why is Statute of Limitation Reform So Important To Ending Childhood Sexual Abuse?
Statutes of limitations are legal time limits that dictate when a victim can file a lawsuit or press criminal charges against an alleged abuser. These limits differ by jurisdiction and depend on the nature of the offense. In cases of child sexual abuse, these statutes often create barriers for survivors, as many victims do not come forward until years after the abuse has occurred, often when the statute of limitations has expired.
As society’s understanding of the impact of childhood sexual abuse has evolved, many states have taken steps to extend the statute of limitations for these cases. Some states have eliminated the statute of limitations entirely for child sexual abuse, while others have extended the timeframe during which charges can be filed or established “look-back windows” that allow survivors to file lawsuits even if the statute of limitations has already expired.
History of State of Limitations
Reform of statutes of limitations for child sexual abuse has its roots in the 1990s, when several survivors began sharing their experiences.
Starting in the early 2000s, grand juries in states such as New York, New Hampshire, Massachusetts, Maine, and Pennsylvania released reports exposing widespread sexual abuse of children by the Roman Catholic Church clergy members. Not only did these reports identify the predators, they documented the extensive cover-ups orchestrated by church officials.
While these grand jury reports were invaluable in exposing the abusers, survivors were prevented from pursuing justice in court because the deadlines for bringing cases under the applicable statutes of limitations had already passed. Statutes of limitations are laws that set deadlines for taking legal action. Criminal statute of limitations set the time limits for prosecutors to bring criminal charges, whereas civil statutes of limitations impose deadlines for filing civil lawsuits.
The statute of limitations reform movement emerged to restore survivors’ rights to pursue justice, with calls for “look-back windows” to revive the time-barred cases. These windows provide a limited timeframe for survivors to file civil lawsuits for past abuse, even if the applicable statutes of limitations previously barred their claims.
In 2003, California became the first state to open a “look-back window,” giving child sexual abuse survivors one year to file suit over time-barred claims. Several other states, including Delaware, Oregon, Guam, and Hawaii, soon followed suit, passing temporary look-back windows.
Misunderstanding and Misperceptions of State of Limitations Reform
Lawmakers in many states are working to amend laws governing time limits on legal action for sexual abuse. However, there is still a lot of misinformation about why these lawsuits are important for survivors.
Civil lawsuits are often portrayed as merely a means for financial gain for lawyers and survivors. However, such compensation is important because it provides survivors access to resources to make them whole again. It can cover significant medical and therapy expenses and reimburse them for lost earning capacity and economic opportunities resulting from the trauma, offering a path toward healing and closure.
In addition, civil settlements typically provide much more than just monetary compensation, such as the following:
- Additional Information: Lawyers can uncover information that helps fill in the gaps essential for the emotional healing of survivors and their families.
- Sharing Experiences: Civil lawsuits allow the survivor of sexual abuse to have their day in court and tell their story, which can be an important part of the healing process.
- Protecting Others: Exposing the perpetrator in a sexual abuse case brings accountability that can save lives. Research from the Office of Juvenile Justice and Delinquency Prevention indicates that 70% of child sex offenders have between one and nine victims, while 20% have between 10 and 40 victims.
State-by-State Breakdown
Statutes of limitations for sexual abuse and child sexual abuse vary significantly from state to state. Some time limits are tied to the victim’s age or when the harm of the abuse was discovered. Here is a broad overview of state laws:
- At least 33 states and territories have passed legislation to open “look-back windows” for expired civil claims, which have become the gold standard in righting the injustices caused by the arbitrary statute of limitations. Yet, among these states, the degree of the “look-back” window varies.
- Twenty-two states and territories have abolished the statutes of limitations for some or all child sexual assault civil claims.
- Concerning criminal cases, all but six states have removed the time limits for some or all child sexual assault crimes. According to Child USA, the states that still have limitations include Nevada, New Hampshire, North Dakota, Ohio, Oklahoma, and Oregon.
Due to the complexity and constant changes in statute of limitations laws, survivors are encouraged to contact Andreozzi + Foote for guidance. Our attorneys stay updated on these laws and can assess eligibility based on specific state regulations.
Impact of Grand Jury Reports
Grand jury reports have revealed clear evidence of widespread child sexual abuse and systematic cover-ups, extending all the way to the Vatican. These reports have ignited national conversations about the need to reform the statutes of limitations for cases of child sexual abuse.
In April 2023, the Maryland Attorney General released the findings of a grand jury investigation into the Archdiocese of Baltimore, which commenced in 2018. The investigation uncovered 156 individuals, including Catholic clergy, seminarians, deacons, and Catholic school teachers, who were identified as predators. The report recommended that Maryland abolish the statute of limitations that has prevented survivors from pursuing civil actions against their abusers.
That same year, Maryland lawmakers passed the Maryland Child Victims Act, eliminating the time limit for survivors to pursue civil claims. Therefore, survivors can seek compensation for their suffering regardless of when the abuse occurred.
Choose the Right Sexual Abuse Lawyer
Choosing the right lawyer for a sexual abuse case can be difficult. While many lawyers seek clients in this area due to the potential for significant settlements, advertising doesn’t ensure they have the necessary skill or experience to effectively handle your case.
Here are key things to look for when hiring an attorney:
- Proven Experience: Look for a law firm that specializes in representing victims of sexual abuse. These cases are often more complex and require a thorough understanding of intricate liability issues and the psychological harm involved, which are not usually present in other personal injury cases.
- Proven Results: Ask the lawyer about the results they have secured in cases similar to yours. This will help you assess their ability to get the largest possible settlement or jury verdict for you. Many survivors are in pursuit of justice, not just compensation. Make sure you feel confident that this lawyer will advocate for you, working not only to obtain compensation but also prioritizing your other needs during your case.
- Costs: Every law firm should agree to front all the litigation costs and only seek reimbursement if the case is successful. If the lawyer you speak with does not, keep looking.
Taking Action: How We Can Help
Andreozzi + Foote is one of the nation’s leading law firms dedicated to representing survivors of sexual abuse. We have successfully handled some of the most high-profile child sexual abuse cases in recent history.
In addition to our extensive track record in litigation, our firm actively advocates for legal reforms across the country to help survivors pursue the justice they deserve. We also work to file claims in states where it’s possible and against organizations and institutions that enable the sexual abuse to occur.
For more information about your case and how your state’s laws apply, contact us online or call (866) 311-8640 today for a free, confidential case evaluation. Join us in the fight for justice.
For additional resources, read our Child Sexual Abuse Prevention & Support Guide.
Frequently Asked Questions
How Long Do I Have To File a Claim?
The statutes of limitations for child sexual abuse vary from state to state, and it’s always a good idea for survivors to seek the guidance of a qualified attorney to understand their rights and options. The lawyers at Andreozzi + Foote have successfully navigated these laws nationwide.
Can I Pursue Both Criminal and Civil Cases?
Your ability to pursue criminal or civil cases may depend on whether your state has specific time limits for each type of claim. Aside from that, you can pursue both. A pending criminal case does not hinder your ability to pursue a civil case. Likewise, a civil case does not prevent you from pursuing a criminal claim.
What Compensation Can I Expect in a Civil Case?
The civil justice system allows sexual abuse survivors to pursue compensation for various damages, which may include medical and therapy expenses, emotional distress, pain and suffering, and punitive damages.