Child Sexual Abuse and Molestation

While sexual abuse and molestation are subject to criminal law and prosecution by the jurisdiction’s district attorney, these matters are also subject to private lawsuits.  These private lawsuits are frequently asserted to recover damages suffered by an abused child and his or her family resulting from the sexual abuse and molestation.

Laws on Child Sexual Abuse and Molestation

Criminal cases based upon sexual abuse and molestation are usually founded upon charges of rape, assault, battery and other violations of the state’s penal code.  However, private lawsuits based upon child sexual abuse and molestation may be asserted on various theories of law.  Depending upon the nature of the abuse and the circumstances in which the abuser committed the abuse, a case may be premised on any of the following theories, or a combination of the following:

• sexual assault
• sexual battery
• assault
• battery
• false imprisonment
• negligence

 Evidence Issues in a Child Abuse and Molestation Case

 Frequently, issues of sufficient evidence arise in child abuse and molestation cases due to the length of time that has passed from the time of the abuse and the time the case is filed.  Evidence includes the witness testimony of individuals who the victim may have told about the abuse during the time the abuse was occurring; other victims; or testimony of eyewitness accounts of the abuse.

Filing a Lawsuit

If one seeks to file a private lawsuit for child sexual abuse and molestation, the first step is filing a complaint in civil court requesting the court to award damages.  Some cases will settle before trial.  Typically, once the evidentiary phase of the case (also known as the “discovery” phase) is completed and all witnesses and evidence is collected, settlement negotiations will occur if there is any possibility of a settlement.  If not, the case will proceed to a trial.

Damages in a Private Lawsuit

Some of the damages a victim and the victim’s family may seek to recover in a private lawsuit based upon child sexual abuse and molestation include the following:

• pain and suffering
• punitive damages (designed to punish the wrongdoer and discourage future abuse)
• medical bills
• loss of enjoyment of life
• compensatory damages
• loss of employment
• loss of earning capacity
• therapy bills for ongoing therapy

How a Lawyer Can Help

If one has been a victim of child sexual abuse and molestation, one may seek to file a private lawsuit to receive compensation from the abuser.  In such an instance, it is important to seek the counsel of an experienced personal injury attorney. An experienced attorney in the area of child sexual abuse and molestation will be able to utilize their resources in order to obtain the most favorable outcome based upon one’s goals in the matter.  Furthermore, a seasoned attorney will be able to handle the matter with the appropriate level of sensitivity and understanding while also achieving the ultimate goal of their client.