Child Sexual Abuse
There is nothing that can give you back what was taken from you when you were the victim of child sex abuse. Money is little consolation, but it is one of the only ways that you can get justice. The institution that allowed your abuse could be legally responsible for what happened, and you may have additional time to file a lawsuit. The child sexual abuse attorneys at the Howard Stallings Law Firm will fight for your rights in an aggressive manner, while exhibiting compassion towards you.
Defendants in a Sexual Abuse Lawsuit
The usual defendants in sexual abuse lawsuits is most often not just the perpetrator. Usually, you would sue the employer of the abuser or the entity whose carelessness allowed the abuse to happen. An employer has a legal duty to supervise their employees in an effort to prevent the abuse and to be careful about who they hire. They become liable for the actions of their employees when they are negligent in fulfulling this duty.
The following organizations have been sued in sexual abuse cases:
- The Catholic Church: Numerous dioceses and parishes have been sued across the country for abuse that goes back for decades. Dioceses and parishes have often entered into global settlements to resolve hundreds of cases that have been filed against them.
- Boy Scouts of America: BSA entered into a $2.46 billion global settlement with victims of pervasive and widespread sexual abuse that occurred over decades. BSA knew about the abuse and even kept files on it. The settlement was part of the BSA’s bankruptcy.
- Local Schools: You may be able to sue the local school district (or a private school) when the abuse was committed by a school employee. There are special rules that apply when you are suing a governmental entity under the North Carolina Tort Claims Act.
- Universities: There have been numerous instances in which universities failed to prevent large-scale sexual abuse committed by employees. For example, Michigan State University paid $500 million to settle abuse claims that involved Dr. Larry Nasser, in what is believed to be the largest settlement ever entered by a university.
Statutes of Limitations in Child Sexual Abuse Cases
In 2019, the North Carolina Legislature passed the SAFE Child Act to revamp protections for minor children and to allow adult survivors of child sexual abuse more time to file a lawsuit. Now, the law in North Carolina is that you have until your 28th birthday to file a lawsuit for child sexual abuse that occurred before you were 18. But you should not delay in pursuing your claims for many reasons. For example, witnesses move and forget important details, records are destroyed, and other evidence can be hard to find. But the main reason is that perpetrators of abuse will often go on to abuse others if they are not stopped. The SAFE Act also includes other measures to prevent abuse from happening in the first place and to help ensure that abuse is reported.
In a Civil Lawsuit, You Do Not Have to Prove the Same Thing as the Prosecutor in a Criminal Case
In some cases, you are filing a lawsuit against someone who has not yet been charged with a crime. In other cases, the perpetrator has already been charged with and convicted of sexual abuse. Either way, your civil child sexual abuse lawsuit will be largely independent of the criminal case against the perpetrator.
To win a conviction, the prosecutor must prove beyond a reasonable doubt that the defendant committed the crime. In a civil lawsuit, you must still prove your case, but there is a lower standard of proof. It is theoretically possible to win your case, even if the defendant is acquitted in a criminal trial.
Damages in a Sexual Abuse Lawsuit
If you win your case, you may be entitled to a substantial amount of compensation. How much you get depends on your individual damages and how much money the defendant has available to pay for your damages.
Your compensation may include:
- Medical and mental health care expenses
- Lost wages, if the abuse left you unable to work
- Pain and suffering
- Embarrassment and humiliation
- Loss of enjoyment of life
- Emotional distress
In some cases, you may be filing a claim against a fund that was established to pay victims. Then, your child sexual abuse attorney would present your claim and potentially negotiate your payment with the trustee of that fund.
Special Considerations in a Sexual Abuse Lawsuit
One of the more obvious challenges that you may face is that you are trying to prove something that could have occurred two decades ago. It could be challenging (but certainly not impossible) to gather the evidence that you need to prove liability in your case. An experienced sexual abuse lawyer knows how to build your case, even after time has passed.
Sometimes, you may not be the only person who is seeking compensation from the responsible party. In cases where the perpetrator had many victims, and the responsible party’s finances may be stretched, your child sexual abuse attorney would need to keep the pressure on the defendant and work to keep them from using the bankruptcy process to avoid liability to the fullest extent possible.
You Need a Sympathetic Attorney Who Will Fight for You
We understand that it is not easy for you to come forward. You are reliving a painful period in your life, and you may be reluctant to conjure up extremely painful memories. However, it is a must if you want justice and compensation for the harm that was done to you.
The sexual abuse attorneys at the Howard Stallings Law Firm will represent you in a sympathetic and compassionate manner, doing our best to understand what you are going through during this time. At the same time, we will wage a fierce battle for accountability on your behalf.
Contact a North Carolina Child Sexual Abuse Attorney Today
It may not be too late to file a lawsuit for what happened to you when you were a child. Contact the Howard Stallings Law Firm today to discuss a potential lawsuit and whether you may be eligible for financial compensation. We are standing by and ready to help you. To schedule a free initial consultation with one of our sexual abuse attorneys, you can message us through our website or call us today at 919-821-7700.
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