Can victims of child sexual abuse sue the perpetrator and get damages?
Child sexual abuse has a significant impact on the victim. In addition to physical damage involved in sexual abuse, resarch generally refers to four general categories of emotional or psychological "injuries" resulting from child sexual abuse, each having varied psychological and behavioral effects.
- Traumatic sexualization. Included in the psychological outcomes of traumatic sexualization are aversive feelings about sex, overvaluing sex, and sexual identity problems. Behavioral manifestations of traumatic sexualization constitute a range of hypersexual behaviors as well as avoidance of or negative sexual encounters.
- Stigmatization. Common psychological manifestations of stigmatization are what Sgroi calls "damaged goods syndrome"43 and feelings of guilt and responsibility for the abuse or the consequences of disclosure. These feelings are likely to be reflected in self-destructive behaviors such as substance abuse, risk-taking acts, self-mutilation, suicidal gestures and acts, and provocative behavior designed to elicit punishment.
- Betrayal. Perhaps the most fundamental damage from sexual abuse is its undermining of trust in those people who are supposed to be protectors and nurturers. Other psychological impacts of betrayal include anger and borderline functioning. Behavior that reflects this trauma includes avoidance of investment in others, manipulating others, re-enacting the trauma through subsequent involvement in exploitive and damaging relationships, and engaging in angry and acting-out behaviors.
- Powerlessness. The psychological impact of the trauma of powerlessness includes both a perception of vulnerability and victimization and a desire to control or prevail, often by identification with the aggressor. As with the trauma of betrayal, behavioral manifestations may involve aggression and exploitation of others. On the other hand, the vulnerability effect of powerlessness may be avoidant responses, such as dissociation and running away; behavioral manifestations of anxiety, including phobias, sleep problems, elimination problems, and eating problems; and revictimization.
Victims of child sexual abuse often bring personal injury lawsuits against the abuser (in addition to any criminal charges the perpetrator may face from the state or local district attorneys or prosecutor's office). When a personal injury lawsuit over sexual abuse is successful, the victims can be awarded money damages for their emotional or psychological injuries like the ones described above or others. There have been several cases in which the victims of sexual abuse have been awarded millions of dollars in damages. Many states have extended their criminal and civil statutes of limitation for child sexual abuse cases. In addition, the delayed discovery rule in some cases suspends the statutes of limitation if the victim had repressed all memory of the abuse or was unaware that the abuse caused current problems.
Suspicions of child sexual abuse should be reported to a child protective services agency or law enforcement agency.
Other Sexual Abuse FAQs
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Q:
How Does A Person Report Child Abuse?
A: Every state has statutes regarding the steps that a mandatory reporter needs to take when reporting child abuse or neglect. Generally, a report would include the name … More -
Q:
How long do I have to sue for sexual abuse by my former priest that occurred in the past?
A: The time period during which you can file a civil lawsuit for sexual abuse by a priest, or the statute of limitations, varies considerably based on your state’s … More -
Q:
What is the legal definition of sexual abuse?
A: Many activities can be considered sexual abuse. Sexual abuse includes activities by a parent, caregiver, or other individual such as fondling a child's … More -
Q:
Can I sue my former priest for sexual abuse that occurred in the past?
A: Whether you are eligible to bring a civil lawsuit against a priest for past sexual abuse depends primarily on your state’s laws regarding such lawsuits, as well … More -
Q:
Can I sue my former priest's Catholic diocese and/or the Catholic Church for sexual abuse by a priest that occurred in the past?
A: It is common for not only priests who committed sexual abuse to be held civilly liable for their actions, but also for their churches and/or Catholic dioceses to be … More -
Q:
What kinds of damages are available through civil lawsuits against priests who have committed sexual abuse?
A: The types of damages available in sexual abuse civil lawsuits against priests and/or Catholic churches vary from one state to the next. Such damages may include … More -
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On what grounds can a priest and/or Catholic diocese be liable for sexual abuse that occurred in the past?
A: A priest can be personally liable under state laws pertaining to sexual abuse of children for committing such abuse, as well as liable in his capacity as a priest … More -
Q:
Are damages for emotional distress available in lawsuits against priests for past sexual abuse?
A: The recovery of damages for emotional distress in sexual abuse lawsuits against priests is dependent upon state law. While some state laws specifically permit … More -
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Are punitive damages available in lawsuits against priests for past sexual abuse?
A: Whether you can recover punitive damages in a sexual abuse lawsuit involving a priest differs from one state to the next. In very general terms, punitive … More -
Q:
Does there need to be a criminal conviction before there can be a civil lawsuit against a priest for past sexual abuse?
A: No. Criminal liability for sexual abuse and civil liability for sexual abuse are two completely different issues. As the legal standard for criminal … More

