If you or someone you love has been the victim of sexual abuse, you may have already considered a lawsuit to get justice for the harm that you have suffered. However, sexual abuse litigation can be complicated, especially when it comes to assaults that may have occurred years or decades ago. Here are five things you need to know about sexual abuse litigation:
- You can sue even if there was never an arrest or conviction
- Some people believe that it is only possible to sue for abuse if the perpetrator was arrested or convicted for rape, sexual assault, or other related crimes. While a definitive criminal record can help, it is not strictly necessary for these cases. This means you can still sue for sexual abuse even if the perpetrator was never successfully caught.
- You may be able to seek compensation for old abuse
- Generally speaking, prosecution for a criminal act is limited by the statute of limitations, and sexual assault is not an exception. However, certain states now have laws in effect that can allow victims to sue for abuse that occurred years ago. In particular, people who were children when they were abused may have legal options available that they otherwise did not have access to even a few years ago.
- Institutions can be held responsible for permitting sexual abuse
- It is not just the perpetrators themselves who are potentially liable for sexual abuse. Institutions such as schools, churches, universities, hospitals, and businesses may also be held responsible if they are negligent in preventing abuse. This is because they have a legal responsibility to protect against foreseeable harm to the people in their care.
- Institutions are responsible for maintaining good hiring practices
- An important part of any institution’s responsibility to maintain safety is ensuring their employees are competent and trustworthy to hold their positions. This means, for example, performing background checks to ensure that people with a history of sexual misconduct are not hired to positions where they may find new victims. It also means ensuring that any staff who are considered mandatory reporters are properly trained to recognize and report signs of sexual abuse.
- Institutions may be held accountable for abuse that happened off their premises
- Even if sexual abuse does not happen on the premises of their buildings, institutions may still be held responsible for sexual abuse in some circumstances. For example, if a church runs a charity event outside of the church grounds itself, it may be responsible for abuse committed at the event. Likewise, schools may be held responsible for abuse that occurs on a school field trip, and businesses may be responsible for abuse that occurs at an after-work event.
Williams Cedar is a law firm dedicated to helping clients with personal injury, environmental law, and civil rights cases. We specialize in assisting clients who have been injured due to exposure to environmental toxins, including veterans and their loved ones. If you need legal assistance due to toxic exposure or other related matters, please give us a call at our New Jersey and Pennsylvania offices at (215) 557-0099, or visit our contact page.