What is the legal definition of sexual abuse?
Many activities can be considered sexual abuse. Sexual abuse includes activities by a parent, caregiver, or other individual such as fondling a child's genitals, penetration, incest, rape, sodomy, indecent exposure, and exploitation through prostitution or the production of pornographic materials.
Under the Federal Child Abuse Prevention and Treatment Act (CAPTA), (42 U.S.C.A. §5106g), exual abuse is defined as "the employment, use, persuasion, inducement, enticement, or coercion of any child to engage in, or assist any other person to engage in, any sexually explicit conduct or simulation of such conduct for the purpose of producing a visual depiction of such conduct; or the rape, and in cases of caretaker or inter-familial relationships, statutory rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children."
Other Sexual Abuse FAQs
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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 -
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Can victims of child sexual abuse sue the perpetrator and get damages?
A: 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 … More -
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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 -
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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 -
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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 -
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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 -
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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 -
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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
