Seeking justice for sexual abuse starts with understanding the legal pathways available to hold abusers accountable. For many survivors, the process can feel quite daunting. The legal system can seem so intimidating and so overwhelming.
It’s not hard to see why survivors of sexual abuse are often so confused by their options for legal recourse. Walking into a criminal court, a civil lawsuit, and a report filing process without any experience or guidance can be incredibly confusing.
Many survivors have no idea where to start and probably would have given up in the first 5 minutes without some expert help along the way.
But here’s the thing… There is a legal pathway for most survivors to seek justice, and there are many ways for abusers to be held accountable. This post breaks down the legal options below.
Table of Contents
Sexual Abuse Cases in 2023: Here’s the Hard Truth
Did you know that according to the Department of Justice, only 310 out of every 1,000 sexual assaults were reported to the police?
That means that over two-thirds of the cases do not get reported. The reasons vary from fear of retaliation to not being believed to not even realizing that what happened was abuse.
Sexual abuse that involves larger institutions like churches and organizations is even more complicated. Many investigations into the Chapelstreet Church sexual abuse allegations over the past few years show survivors coming forward years or even decades later to seek legal accountability.
See, it’s important.
Sexual violence is a crime, and it’s important that survivors know all of their legal rights. Below are the different legal pathways to consider when seeking justice.
Criminal Cases: Bringing Justice to Abusers
Criminal cases involving sexual abuse are the responsibility of prosecutors and law enforcement. In these cases, it’s the government that files the charges against the accused party. The survivor serves as a witness, rather than the plaintiff in the lawsuit.
If the abuser is convicted, they could face punishment such as prison time, probation, or sex offender registration.
These cases typically proceed as follows:
In criminal cases, the burden of proof is high. Prosecutors must prove the defendant’s guilt “beyond a reasonable doubt.” For this reason, many cases are never brought to trial.
And just because criminal prosecution isn’t an option, does NOT mean survivors are out of options…
Civil Lawsuits: Suing for Compensation
Civil cases are different than criminal cases.
In a civil lawsuit, it is the survivor who files a case against the abuser, or a related institution. The purpose of these cases is typically financial compensation for medical bills, therapy costs, lost wages, and pain and suffering.
Burden of proof in civil cases is much lower. The survivor needs to prove their claims by a “preponderance of evidence.” Essentially, this means that abuse was more likely to have occurred than not.
Civil lawsuits can be brought against:
Civil cases are a viable option even if criminal charges are not filed against the abuser. This is because the survivor has much more control of the process and can still seek a form of justice via financial restitution.
Statute of Limitations: Reporting Time Limits
Statute of limitations on sexual abuse cases are a real thing.
Survivors can only file criminal charges and civil lawsuits within certain time limits. Each state has different time limits for sexual abuse cases.
Things to know about statute of limitations…
Many states have recently passed laws to extend or remove time limits for filing sexual abuse cases. Some states now allow survivors to file civil lawsuits decades after abuse occurred. Others have opened temporary “lookback windows” to allow old cases to move forward.
Here’s the thing…
For survivors of childhood sexual abuse, this is game-changing. So many survivors do not process what happened to them until they’re adults. Extended statutes give them the chance to seek justice when they are ready.
Key facts about statute of limitations:
Check local laws carefully. It’s important to know what deadlines apply to each case. Contact a local sexual abuse attorney for clarification.
Building a Strong Legal Case: Important Facts
Evidence is king when it comes to legal cases. Cases that tend to succeed in court are those that have multiple pieces of supporting evidence. The more documentation a survivor has, the better their chances.
Types of evidence that help strengthen a legal case:
Authorities reported that less than 4% of reported sex crimes end in conviction. This is why building strong cases with plenty of evidence is so important.
Don’t wait to start documenting. Even if filing a legal case isn’t happening today, the evidence preserved now can help down the road.
Hiring the Right Attorney
Sexual abuse cases require specialized legal representation.
Not every attorney has experience with this type of case, which is why choosing the right one is so important. Survivors need an attorney who has handled cases like theirs before and understands a trauma-informed approach.
Questions to ask an attorney:
Many attorneys that specialize in sexual abuse cases offer free consultations. This means that survivors can talk to them to see if they’re a good fit before making any financial commitment.
Reporting to Institutions
Reporting to institutions is another important legal pathway for survivors of sexual abuse.
Reporting to employers, schools, licensing boards, and child protective services doesn’t replace a lawsuit or criminal case, but it can often trigger investigations that will prevent further abuse.
Institutional reporting can lead to:
Every report matters. Even if one report doesn’t lead to an individual case moving forward, serial abusers can eventually be brought down by an accumulation of complaints.
Wrapping Up
Sexual abuse legal pathways are not a one size fits all.
Criminal cases prosecute abusers through the legal system. Civil lawsuits give survivors financial compensation and public accountability. Institutional reporting protects future victims.
Key takeaways from this post are…
No survivor should feel like they are left without a voice. Victims of sexual violence have the power to make a difference. Legal options are available. Use them.
This content is fully researched and provided for informational purposes only.
