Sexual Abuse Lawsuits: Your Rights In Civil Court (2025)

Civil Basis for Sexual Abuse Lawsuits

Civil lawsuits are different from criminal ones. The reason you can file a civil lawsuit after experiencing sexual abuse is that you are claiming that you suffered an injury because of another party’s conduct. That issue of conduct forms the basis of other civil actions, like premises liability.

To file a civil lawsuit for sexual abuse, you must demonstrate that you did not give your consent to engage in any form of sexual activity. Alternatively, you can show that you were either incapacitated or not of a legal age to grant consent for sexual activity.

Who Can File a Civil Sexual Abuse Lawsuit?

Generally, anyone who has been the victim of an assault and suffered injuries has the right to begin a civil sexual abuse lawsuit.

In instances when the assault tragically resulted in the death of the victim, it’s possible for the family of the deceased to file a wrongful death lawsuit on their behalf. The particular parties allowed to do so in those instances can vary, depending on the state.

Who Can Be Sued in a Civil Sexual Abuse Case?

In some cases, multiple parties may be held accountable for the sexual abuse you’ve suffered. You can hold the perpetrator liable for causing you harm, but you can also begin a sexual abuse lawsuit against any institution that should have protected you.

This is especially important when dealing with children who were abused by clergy or by teachers. It’s also vital if you or a loved one was abused by a medical professional in a nursing home or other similar facility.

But why is the institution liable? According to vicarious liability laws, the principal, or institution, is responsible for any actions that its agents take.

Steps in Filing a Civil Sexual Abuse Lawsuit

The first step is to consult with an attorney about your case. Lawsuits are complicated, and you should not attempt to start one on your own. With a lawyer’s help, you will be able to gather the most pertinent evidence, including photos, videos and witness statements.

Your attorney can then assist you in calculating your damages. Once you have a fair number for what you’ve suffered, your attorney can file the official complaint against the other party.

The defendant will need to respond. They may agree to your terms or begin negotiations. If it’s impossible to agree on a settlement, your lawyer can file the lawsuit and start the discovery phase. A settlement is possible at any point. In some instances, it’s necessary to go to court.

Damages and Compensation Available in Civil Sexual Abuse Claims

In a civil sexual abuse claim, you can receive both economic and non-economic damages. Economic damages cover the financial losses you sustained because of the assault. These address medical expenses, including therapy sessions. Ongoing medical needs are considered, too.

If you’re not able to work because of physical or mental health issues that are the result of the sexual abuse, those losses are also part of economic damages. You can receive further compensation for lost wages or for your loss of earning potential.

Non-economic damages, on the other hand, address losses that are less simple to quantify. They strive to compensate you for your emotional and physical distress via pain and suffering damages, as well as compensate you for your loss of enjoyment of life.

How Civil Courts Determine Compensation in Sexual Abuse Cases

To determine the compensation you deserve in a sexual abuse case, the court will look at the severity of the injuries you sustained and how they impact your life. If you suffered life-altering physical injuries from the abuse, or if it has caused you to develop post-traumatic stress disorder or other mental health issues so severe that they prevent you from working or living a normal life, compensation has to reflect that.

The amount of evidence available to prove that the abuse occurred also plays a role. Additionally, whether there are multiple liable parties is important to consider.

Statutes of Limitations for Civil Sexual Abuse Lawsuits

Every state has a different statute of limitations for sexual abuse lawsuits. There are exceptions to these timelines, however, if you were a minor when the abuse occurred. In many states, the statute of limitations is tolled until you turn 18.

Challenges Survivors May Face in Civil Court

Aside from the emotional trauma that you can feel reliving the abuse, there are challenges many survivors face involving evidence. Often, sexual abuse cases deal with assaults that occurred years or decades before. There may not be enough evidence available, or witnesses may have died or moved from the state.

It’s also common to encounter victim-blaming behaviors from the other parties, which can make the process even more harrowing. Additionally, long delays can be very stressful when dealing with such sensitive topics.

Why File a Civil Sexual Abuse Lawsuit?

Often, survivors of sexual assault hesitate to begin a lawsuit because they are not sure about what benefits the process can offer. Going through all of the details of the attack can be highly stressful, but filing a lawsuit after an intentional tort like abuse can help you find some measure of closure and obtain the compensation you deserve.

Civil lawsuits allow you to recover your losses via damages, which can help equip you with the resources you need to heal. You can also hold the perpetrator responsible in a way that could deter them from future attacks and might prevent others from suffering what you’ve been through.

Unfortunately, not every abuser gets charged with crimes. When looking at sexual assault statistics, of every 1,000 perpetrators, only 25 are sentenced to prison. Abuse can be even harder to prove if it’s been years since it has occurred, so many of these cases are not taken up by the state because of the lack of evidence.

By filing a civil lawsuit, you have a chance to hold the abuser responsible in some manner. This process can’t erase what you’ve been through, but it can help you take another step toward finding a path forward after suffering such trauma.

Selecting a Civil Sexual Abuse Attorney

Finding the right attorney can be a daunting process in itself. You must choose someone with experience with these types of cases and with whom you feel comfortable. Look for testimonials and reviews, and ensure that they have been able to obtain significant settlements for their clients.

It’s also a good idea to speak with them in person to get a sense of their communication style. Ask plenty of questions to ensure your goals align.

ConsumerShield Can Help You Find Representation

If you have experienced sexual abuse, you may be entitled to begin a lawsuit. Finding the right attorney is a vital piece of the puzzle, and that’s what we can help you with at ConsumerShield. Our team can connect you with trusted local attorneys to assist you through this difficult process. Contact us to learn more about our services today.