Multiple people can bring a lawsuit for being sexually abused, including the victim (even if they are still a minor), parents, grandparents, foster parents, and guardians. The person who files the lawsuit depends on the specifics of what happened and who is involved.
If you are unsure of whether you are eligible to bring a lawsuit against an abuser, you may want to speak with a child sexual assault lawyer. An attorney can listen to your story and learn the specifics of what happened. From there, they can provide you information about your options for recourse and any legal precedents that could apply in your case.
Possible Plaintiffs in Child Sexual Abuse Lawsuits
Several different plaintiffs can bring a lawsuit for sexual abuse, including:
- Victim: Victims of sexual abuse, even if they are still a minor, can always bring a lawsuit against their abuser.
- Parent: The biological or adoptive parent of a child victim can pursue legal action on their behalf against the person responsible.
- Stepparent: A stepparent could potentially file a lawsuit for a child sex abuse victim, especially when a parent is responsible, or the stepparent has legal custody.
- Foster parent: There are situations where a foster parent could file legal action on behalf of a minor under their care.
- Guardian: A legal guardian could file a lawsuit on behalf of a minor, even though they are not their parent.
This list highlights just some of the individuals who could bring a lawsuit for sexual abuse. However, it is possible that other individuals could file a claim, depending on the situation.
Determining Liability
Determining liability in a child sexual abuse case is an important part of any decision whether to file legal action against the assailant. Due to the complexities of some child sexual abuse cases, multiple parties could potentially file a lawsuit. The victim or their legal caregiver could sue more than one person or organization. This can make determining liability more difficult and complex.
Statute of Limitations for Child Victims
The statute of limitations for child sexual abuse varies by state. Some state legislative bodies have recently amended existing laws regarding the statutes of limitations for child sexual abuse cases. These changes have either lengthened the time limit for victims to file a lawsuit or removed the time limit altogether.
The New York State Senate, for example, passed the Child Victims Act, which extended the amount of time that victims can seek justice in both civil and criminal cases. The Act also created a window through January 2021 for previously time-barred civil claims to be allowed.
The statute of limitations may be different for the victim or their caregiver depending on when they file the sexual abuse lawsuit. Parents and other caregivers, for instance, generally lose the right to sue on behalf of their child once they turn 18. Victims generally have longer time limits to sue, as the National Conference of State Legislatures explains, based upon the concept of delayed discovery of sexual abuse due to “emotional and psychological trauma (that) is often accompanied by repression of the memory of abuse.”
For clarification, you might want to ask a child sexual assault lawyer that serves your state about how the statutes of limitations impact you.
State Variations
What you can expect from state to state varies substantially, and states will have different limitations for civil and criminal cases. Some civil statutes of limitations examples include:
- Alabama (Ala. Code § 6-2-38): Two years from when the incident occurred, no matter the child’s age or who files the lawsuit.
- Delaware (Del. Code tit. 10, § 8145 ): No statute of limitations in place for child sexual abuse lawsuits.
- Massachusetts (Mass. Gen. Laws ch. 260, § 4C): 35 years from when the abuse took place or seven years from when the victim should reasonably have discovered an injury caused by the abuse (time limit suspended until the victim turns 18).
- Wyoming (Wyo. Stat. § 1-3-105): The later of three years after the incident is discovered or eight years after the victim’s 18th birthday.
In some states, there are substantial differences in terms of who can file and when. If you have any questions about how your state’s laws will impact you, it might be worthwhile to seek the assistance of an attorney knowledgeable about civil child sexual abuse laws in your state.
Contact Us Today
If you want to file a sexual abuse lawsuit, Pintas & Mullins Law Firm might be able to help. Call us at (800) 219-9622 to speak with a member of our legal team. You can schedule a free consultation where we can answer any questions you have. There are no upfront costs, and we only get paid if you recover compensation for your case. Call today to get started.