Sexual Assault & Abuse

Sexual assault and abuse are far more common than most people think. The CDC reports that nearly half of women and more than 1 in 6 men in the United States have experienced some form of contact sexual violence in their lifetimes.1 Many survivors wait years before telling anyone. That is normal, and it does not mean it is too late to ask questions.

Understanding sexual abuse claims

A civil sexual abuse claim is a lawsuit a survivor brings to hold someone responsible for the harm they caused. It is separate from any police report or criminal case. In a criminal case, the government decides whether to charge someone. In a civil case, the survivor makes that choice. The goal is accountability and money damages for the harm done, not jail time.7

A civil claim can be brought against the person who committed the abuse. It may also be brought against an institution whose choices made the abuse possible. That might be a school that ignored reports, an employer that kept a worker it knew was dangerous, or a facility that did not supervise its staff. Whether an institution is responsible depends on the facts and on the law of the state where it happened.

Who may be responsible

More than one person or organization may share responsibility for sexual abuse. The CDC reports that about 90% of child sexual abuse is committed by someone the child or family knows and trusts.2 Often that trust comes from a role an institution gave them: teacher, coach, doctor, caregiver or guard.

• The person who committed the abuse
• An employer, when a worker used their job to get access
• A school, school district, college or university
• A church, youth group, camp or sports program
• A hospital, clinic or medical practice
• A day care, nursing home or home health agency
• A property owner or manager, when poor security played a part
• A jail, prison or juvenile facility, and the agency that runs it

Naming a possible defendant is not the same as proving a claim. Each one has different legal duties. A lawyer looks at what each one knew, when they knew it, and what they did or failed to do.

Institutional liability

Institutional sexual abuse happens when an organization's people, places or programs are used to abuse someone in its care. An institutional abuse lawyer looks at how the organization ran, not only at what one person did. These claims are usually built on a few legal ideas.

Negligent hiring, retention and supervision

Organizations have a duty to use reasonable care in who they hire, who they keep, and how they supervise. A claim may say an organization skipped a background check, ignored earlier complaints, kept someone after warning signs, or left staff alone with children or vulnerable adults against its own rules. Negligence means failing to use the care a reasonable person or organization would use in the same situation.6

Employer liability

In some cases, an employer can be held responsible for what an employee did on the job. This idea is called respondeat superior.5 Many states do not apply it to sexual abuse, because abuse is usually not part of anyone's job. That is why most institutional claims focus on the organization's own choices, such as hiring and supervision.

Warning signs and safety policies

Many organizations write safety policies: two adults present, no private messages with minors, chaperones for exams, rules for reporting concerns. When an organization has a rule like this and does not follow it, that can matter. So can earlier reports, complaints, or signs that were brushed aside.

Premises and security

A business or landlord may have a duty to keep people on its property reasonably safe. A claim may point to broken locks, poor lighting, missing cameras, or ignored reports of earlier assaults. These premises security claims depend heavily on state law and on whether the risk was foreseeable.

Mandatory reporting and minors

Every state has laws that require certain people, such as teachers, doctors, nurses and child care workers, to report suspected child abuse. Some states require everyone to report.4 When a required report was not made, that failure can be important evidence. In some states it can also be a basis for a civil claim of its own.9

Federal law adds other duties in some settings. Title IX bars sex discrimination in schools that receive federal money, which includes certain responses to sexual harassment and abuse.12 Federal rules require nursing homes that take Medicare or Medicaid to protect residents from abuse.14 National standards under the Prison Rape Elimination Act set rules for preventing and responding to sexual abuse in jails, prisons and juvenile facilities.13

Common settings for abuse

The directory at the top of this page lists the settings we write about most. Each page explains what makes claims in that setting different. For example, claims involving doctors and medical providers often turn on chaperone rules and licensing board records. Claims about schools may involve Title IX. Claims against a correctional facility often involve government notice rules. You can also read about rideshare sexual assault and online grooming on Roblox.

Civil claims and criminal cases

Civil and criminal cases can happen at the same time, one after the other, or not at all. They have different goals and different rules.

How the two differ

Who brings it

A criminal case is brought by a prosecutor on behalf of the government. A civil case is brought by the survivor.8

What must be shown

A criminal conviction needs proof beyond a reasonable doubt. A civil claim needs proof that it is more likely than not, called a preponderance of the evidence.78

What it can lead to

A criminal case can lead to jail, probation or a fine. A civil case can lead to money damages paid to the survivor.

Who can be named

Only the person who committed a crime can be convicted of it. A civil claim can also name institutions that may share responsibility.

A civil claim may be possible even when no one was arrested, charges were dropped, or a criminal trial ended without a conviction. Each case depends on its own facts.

Deadlines and revival laws

Every state sets deadlines for filing a civil lawsuit. These are called statutes of limitation. They are not the same everywhere. A deadline can depend on the state, the survivor's age when the abuse happened, when the survivor connected the abuse to their injuries, and who the claim is against.

Many states give more time for childhood sexual abuse. In Arizona, for example, a civil claim based on sexual abuse of a minor generally must be filed within twelve years after the survivor turns 18.9 Some states have also passed revival laws. These laws reopen a window of time for older claims that had already expired. Windows open and close, so the rules that apply today may be different from the rules a few years ago.

Claims against government entities

Claims against public schools, cities, counties, states and their employees often have extra steps. Many states require a written notice of claim long before the lawsuit deadline. In Arizona, a claim against a public entity, public school or public employee generally must be filed within 180 days after the claim arises.10 Claims against the federal government must first be presented to the right federal agency.11 Missing a notice deadline can end a claim, even when the lawsuit deadline is years away.

Evidence in a sexual abuse case

Many survivors worry that they have no proof. Most sexual abuse happens in private, and civil cases rarely depend on one piece of evidence. Your own account is evidence. Other kinds of evidence may include:

• Texts, emails, social media messages and photos
• Journals, calendars and letters
• Medical, counseling and school records
• People you told, even years later
• Police reports and criminal court records
• Reports made to a school, employer or facility
• An institution's policies, training and staffing records
• Licensing board and inspection records

If you still have messages, photos or records, keep them. You do not need to go looking for evidence before you talk with us. Part of a lawyer's job is to find records that institutions keep.

Privacy and confidentiality

What you share with us during a case review is kept confidential. Many survivors are worried about being named in public. Courts in many states allow survivors of sexual abuse to file under a pseudonym, such as "Jane Doe" or "John Doe," though the rules differ by court and a judge may have to approve it. Many civil cases also resolve without a public trial. We will talk with you about how your privacy can be protected at each step.

Compensation in a civil claim

A civil claim seeks money damages for the harm caused by abuse. Depending on the state and the facts, that may include the cost of therapy and medical care, lost income or earning ability, and pain, emotional distress and loss of enjoyment of life. Some states also allow punitive damages in limited cases. Every case is different, and no lawyer can honestly promise a result or say what a case is worth before reviewing it.

Separate from any lawsuit, every state runs a crime victim compensation program that may help with some costs, such as counseling or medical bills. Eligibility rules vary by state.15

How CBW reviews a claim

When you reach out, you talk with a member of our intake team. You can share as much or as little as you want. We do not need every detail to start.

What happens when you contact us

1. You tell us what happened, in your own words

   Online or by phone. You can stop at any time, and you can ask us questions first.

2. We look at the key facts

   Where and when it happened, how old you were, who was involved, and which people or organizations may be responsible.

3. We explain your options

   If we think you may have a claim, we explain what a case could look like, the deadlines that may apply, and what it would ask of you.

4. You decide

   There is no pressure and no cost for the review. If you decide to move forward and we agree to take your case, we will explain our fee agreement in writing before any work begins.

You do not have to know whether you have a case before you reach out. That is what the conversation is for.

Questions

Frequently asked questions about sexual abuse claims

Plain answers to the questions survivors and families ask us most often. Every case depends on its own facts and the law of the state involved.

Can I file a civil lawsuit for sexual assault or abuse?

In many cases, yes. A survivor can bring a civil lawsuit against the person who committed the abuse, and sometimes against an institution that may share responsibility. Whether a claim is possible depends on the facts, the state, and the deadlines that apply.

Can an institution be held responsible for abuse by one of its employees or volunteers?

Sometimes. An institution is not automatically responsible for what someone did. But it may be liable if its own choices helped make the abuse possible, such as careless hiring, keeping someone after complaints, poor supervision, or ignoring its own safety rules. State law decides which theories apply.

What if the person who abused me was never charged with a crime?

A civil claim does not require a criminal charge or conviction. Civil cases use a lower standard of proof than criminal cases, and a survivor decides whether to bring one.7 Many civil claims are filed where no charges were ever brought.

What if the abuse happened years ago?

It may not be too late. Some states give survivors many years to file, especially for childhood abuse, and some have passed laws that reopened time for older claims. Other deadlines are short. The only way to know is to have a lawyer look at your state and your situation.

Can I still bring a claim for abuse that happened when I was a child?

Often, yes. Many states allow more time for claims based on childhood sexual abuse. The clock may not start until you turn 18, and in some states it runs much longer. For example, Arizona generally allows these claims until twelve years after the survivor turns 18.9

Will my information be kept confidential?

Yes. What you share with us in a case review is kept confidential. If a case is filed, many courts allow sexual abuse survivors to use a pseudonym instead of their name, though a judge may need to approve it. We will talk with you about privacy before anything is filed.

What evidence do I need?

You do not need to have evidence gathered before you reach out. Your own account is evidence. Messages, records, and people you told can help, and lawyers can often get records from schools, employers and facilities during a case.

Can I sue a school or an employer?

Possibly. Schools and employers may be responsible if they knew or should have known about a risk and failed to act, or if they did not follow their own rules. Claims against public schools and government employers often have a short notice deadline, so it helps to ask early.10

Can I sue a hospital, clinic or doctor?

Possibly. A claim may be brought against a doctor or other provider who abused a patient, and sometimes against the hospital or practice if it ignored complaints, skipped chaperone rules, or failed to supervise. Some states treat these as medical malpractice claims, which can have their own rules and deadlines.

Can I bring a claim for sexual abuse in a nursing home?

Yes, in many cases. Nursing homes that take Medicare or Medicaid must protect residents from abuse under federal rules.14 Families often bring these claims on behalf of a loved one who cannot speak for themselves.

Can I bring a claim for sexual abuse in a jail, prison or juvenile facility?

Sometimes. People in custody have legal protections, and federal standards set rules for preventing and responding to sexual abuse in custody.13 These claims often involve government agencies, so notice rules and special procedures may apply. Some claims can be brought after release.

What is the difference between a civil claim and a criminal case?

A criminal case is brought by the government and can lead to jail or probation. A civil case is brought by the survivor and can lead to money damages. They have different standards of proof and can happen separately.78

Do I have to speak publicly or go to trial?

No one can make you speak to the media. Many civil cases resolve without a trial. If a case does go forward, your lawyer will explain each step and what it may ask of you before you decide.

Does it cost anything to have my case reviewed?

No. The first review is free and there is no obligation. If you decide to move forward and we agree to take your case, we explain our fee arrangement in writing first. Contacting us does not create an attorney-client relationship.

Tell Us Your Story

You may have carried this for a long time. When you are ready, we will listen. You can share as much or as little as you want, and you stay in control of what happens next.

A review is free and confidential. Contacting us does not create an attorney-client relationship, and it does not commit you to anything.

Tell Us Your Story →

This page is general information about civil sexual assault and abuse claims. It is not legal advice and does not create an attorney-client relationship. Laws and deadlines differ from state to state and change over time. No outcome can be promised in any case. If you are in immediate danger, call 911.