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Sexual Abuse Legal Concerns

These are very difficult times for adult survivors of child sexual abuse (CSA). Constant media stories and public awareness about child sexual abuse have caused all survivors of CSA to relive their own victimization.

The Importance of Therapy

The most important thing to do is to talk to a mental health professional about how you are feeling. It is very helpful for victims to establish a touch base relationship with a therapist so that at times of crisis --when events in your life or in the lives of others "bring it all back"-- you have someone to go to. Lawsuits are not therapeutic and cannot replace therapy as a means of coping, healing or obtaining closure. 

Discuss the possibility of bringing a claim with your therapist. If you and your therapist determine that it bringing a claim would be a good thing for you, explore some of the resources on line and in book stores that explain the litigation process.

Exploration

If you are planning to bring a law suit, DO NOT read self-help books that talk about the symptoms of child sexual abuse. What you have read can be used by the defense to create the inference that your story was fabricated. DO NOT write angry letters to your abuser or the abuser's employer. DO NOT approach the abuser yourself and attempt to negotiate a settlement, no matter how sincere your motivation, you could be accused of extortion.

Statutes of Limitation

Some states have created extended time periods to bring claims, but a number do not. How the SOL will be applied to your case in your state is something that you should discuss with a lawyer.

Where to File

The question of where suit should be brought ("jurisdiction") can be complex and depend upon where the abuser lives, where the abuse took place and where you live. For instance, if you were abused in Connecticut or the perpetrator currently lives in Connecticut, you can bring suit in Connecticut regardless of where you live. If more than one state has jurisdiction, your lawyer can determine in which case it is best to file. For instance, one state might have a more favorable SOL.

How to Find a Lawyer

One way to find a specialist is to do an Internet search for news stories about CSA abuse cases brought in the state in which you think suit could be brought. You can find a list of newspapers for each state at RefDesk. They often mention lawyers by name and sometimes state their experience.

You can contact the sexual assault coalition in the state in which you live and ask if they know of lawyers who have successfully brought CSA cases and who work effectively with victims.

One Voice/American Coalition Against Abuse (P.O. Box 27958, Washington, D.C. 20038-7958, Resource line: 202-667-1160 voice mail: 202-462-4688.

Your state's bar association may have a victims law subcommittee and may be able to provide you with the name of the chair or a membership list.

You can also try the Martindale-Hubbell Lawyer Locator, the on-line version of the famous advertising directory for lawyers. Martindale-Hubbell is a paid service and not all lawyers chose to be listed or advertise. You can search the on-line site by geographical area, name, specialty, etc.

You can also contact the National Center for Victims of Crime for a referral. 

Other Reading

Article: The effects of sexual abuse. "Like scar tissue, the effects of sexual abuse never go away, experts say, continuing to influence victims in various ways, such as by contributing to drug and alcohol abuse, low self-esteem, divorce and distrust." By Kathleen Megan.