Instances of child sexual abuse can give rise to a variety of legal action. Criminal prosecution of the abuser is probably the most common of these, but survivors of child sexual abuse can also turn to the civil court system to hold the offender liable for harm resulting from the abuse.
In this article, we'll look at:
- how a civil case relates to a criminal case based on the same abusive conduct
- what a civil lawsuit for child sexual abuse might look like, including how liability is established, and
- filing deadlines for these kinds of cases.
Child Sexual Abuse Cases In Criminal Court Versus Civil Court
It’s important to keep in mind that sexual abuse of a child (or sexual abuse of anyone) can form the basis of two very different kinds of court proceedings:
- a criminal case, brought by the government (the county district attorney, for example) against the alleged abuser, where liability (guilt) is punishable by incarceration, imposition of fines, mandatory counseling, probation, and other sanctions; and
- a civil lawsuit, brought by the survivor of the abuse (or by an underage survivor's parent or guardian), where liability is expressed in the form of damages, or compensation owed by the abuser to the victim.
Not all allegations of sexual abuse will involve the criminal court system. These cases usually fall into one of three categories when it comes to the criminal process:
- There were no criminal proceedings in connection with the alleged abuse. There are countless reasons why this might happen. Abuse might go unreported, investigations might fall short, or some kind of cover-up might prevent law enforcement or the criminal courts from getting involved.
- There were criminal proceedings in connection with the alleged abuse, but the alleged abuser was not convicted—meaning the charges were dropped, or the alleged abuser was found not guilty after a trial.
- There were criminal proceedings in connection with the abuse, and the abuser was convicted—meaning the abuser entered into an agreement where they pled guilty to one or more charges, or the abuser was found guilty after a trial.
The existence of any criminal proceeding—and the result of that proceeding—will play a part if a civil lawsuit is filed over the sexual abuse. If a criminal conviction was obtained, for example, that will likely make it easier to hold the convicted abuser liable in a civil lawsuit, but this is a complex area of law that is best left to an experienced attorney.
Who Can Be Sued Over Child Sexual Abuse?
The first and most obvious answer is: the alleged abuser can be sued (meaning they are named as the defendant) in a civil court case.
But if anyone else was in a position to prevent the abuse, or had a legal obligation to do so, that person (or that organization) may also be civilly liable. That includes:
- parents (if the alleged abuser is a minor)
- a school district or its employees
- an employer
- a daycare provider, and
- a church, diocese, or religious organization.
Learn more about church liability for childhood sexual abuse.
What You Must Prove In a Child Sexual Abuse Lawsuit
The “standard of proof” in a civil lawsuit is lower than it is in a criminal prosecution. The victim of the alleged sexual abuse only needs to establish the abuser’s liability “by a preponderance of the evidence.” This means showing that it is “more likely than not” (more than 50 percent likely, in other words) that the defendant committed the abuse as alleged. Compare this standard with that in a criminal case, where the prosecution must prove the alleged abuser’s guilt “beyond a reasonable doubt,” which is a significantly higher threshold.
If the lawsuit is against the abuser, the victim will probably use an “intentional tort” cause of action (this is a type of personal injury claim) to establish that the acts of abuse were the cause of the victim’s harm and suffering. For third party defendants (such as an organization), the victim will be seeking to show how the defendant’s action (or inaction) caused or allowed the abuse to occur.
Regardless of who the defendant is, the plaintiff will need to make a detailed showing of the extent of the harm suffered, including physical injuries, emotional trauma, sleeplessness, anxiety, and other short and long-term effects of the abuse.
The Statute of Limitations and Injuries to Minors
Every civil lawsuit, including one filed over sexual abuse of a child, is subject to a filing deadline set by a law called a “statute of limitations.” But many states have passed special timing rules for lawsuits over sexual abuse, especially when the harm occurred when the victim was a minor.
A number of states have passed laws creating so-called "lookback window" laws, which designate a special time period in which survivors are allowed to file civil lawsuits over abuse that occurred decades earlier. A few states have effectively eliminated the statute of limitations for lawsuits over sexual abuse that occurred when the victim was a child.
Should You File a Lawsuit Over Child Sexual Abuse?
This is a very personal question, one that is fraught with both emotional and practical considerations.
By filing a lawsuit in civil court, you are volunteering to revisit painful memories, give up some measure of your privacy, and open your life up to discomfiting levels of scrutiny. If you are bringing the lawsuit on behalf of a victim who is still a minor, these considerations may take on even more significance.
On the practical side, a civil lawsuit costs money—sometimes a lot of money—and your attorney may or may not offer to take your case under a contingency fee agreement.
Your best first step may be to sit down and discuss your situation with an experienced personal injury attorney, who can give you a clear understanding of your legal options and explain what to expect from the lawsuit process. Learn more about filing a civil lawsuit for childhood sexual abuse.