Victim of Sexual Assault Lawyer

Sexual abuse is any act by which the perpetrator uses sexual contact in an impermissible way. Sexual abuse can occur against both adults and children.

Examples of Sexual Abuse

• Children:
  • Statutory rape (sex with an underage minor)
  • Molestation
  • Incest (sex with a relative)
  • Sexual exploitation
• Adults:
  • Rape, including date rape and elder rape
  • Unwanted sexual touching

Criminal vs. Civil Court

• Criminal Sexual Abuse – a person is prosecuted by the district attorney’s office for committing sexual abuse against a victim. If you are facing criminal charges, you are in criminal court and need a criminal defense lawyer.
• Civil Sexual Abuse – involves the victim suing the person who committed the sexual abuse against them to recover damages for their injuries. If you want to sue someone for your sexual abuse injuries, or are being sued by the victim for money, you are in civil court and need an experienced personal injury lawyer.

Recovering Damages as a Victim of Sexual Abuse

Victims of sexual abuse often have a difficult time recovering for their losses. Most sexual abuse incidents involve individual abusers who do not have insurance or sufficient assets to pay for the victim’s injuries. There are exemptions, such as when the abuser was a member of an organization (e.g. a church), or a person with a duty to report the abuse but failed to do so (e.g. a doctor).

If the person who committed the sexual abuse against you does have the ability to pay if you win a lawsuit against them, you may be able to recover for your damages, including:

• Medical expenses
• Loss of earning capacity
• Pain and suffering

Are There Differences Between States in How Long a Victim Has to File a Case or Press Charges?

One major difference between states is how long victims may have to report criminal acts, or to file civil lawsuits against their abusers.  This may be a certain period of time from when the crime occurs, when the crime is reported, or when the crime is later discovered. If a victim waits too long to come forward, they may lose the ability to bring a claim or seek punishment.

In most states, the statute of limitations does not begin until after the victim reaches the age of majority (normally over 18). Many states have exceptions for later “discovery” of sexual abuse through repressed memories or other means. A number of states have also made exception to their statutes DNA evidence that, using new technology, may finally identify an assailant or prove a claim of abuse.

For example: In Connecticut, a victim of childhood sexual abuse has 30 years after the age of majority (age 18) to contact police and press charges against their abuser. That victim may also file a civil lawsuit against their abuser in the same time frame. In Wisconsin, on the other hand, there is no limit on how long a childhood sexual abuse victim has to press charges. In that state, however, the victim may only file a civil lawsuit within 2 years after they turn 18.

Where Can I Find the Statute of Limitations For My State?

Below is a table of the statute of limitations in all states for certain common sex abuse crimes. The table also lists the statute of limitations for filing civil suit specifically for Sexual Abuse of a Minor. This is not a full list of all criminal sex offenses or possible civil suits in each state. In addition, it is possible that an abuser could be guilty of more than one sex crime arising out of the same incident. Please note that the numbers are subject to change and/or certain exceptions. Please consult an attorney in your state for the most accurate information.