South Carolina Sexual Abuse Lawyer Representing Victims

Sexual abuse is an incredibly serious criminal offense, but justice is not always possible in criminal courts. Victims of sexual abuse may file civil lawsuits against those responsible for the abuse and claim substantial damages. An experienced attorney can help you get justice in civil court and fair financial compensation.

First, we must determine who should be held responsible. Even if the person who hurt you is gone, we might still be able to sue third parties who bear blame for the abuse, such as schools, churches, and other organizations that were involved. It is important to speak to a lawyer soon, as your time to file a civil case might be running short. Not only that, but we need as much time as possible to gather evidence to prove your claims in court.

Get a free, private case review from our sexual abuse lawyers representing victims by calling The Law Office of Andrew Shubin at (814) 826-3586.

Determining Who Should Be Held Responsible for Sexual Abuse

One of the most difficult aspects of a sexual abuse case is determining who should be held responsible.

Unfortunately, many people are sexually abused by family members. This tends to be common in cases of childhood sexual abuse. In such a case, you may sue the family member who abused you, such as a parent, sibling, cousin, family friend, or another relative.

Many other victims report being abused while students in school. You might sue teachers, coaches, administrators, or other people who worked at the school. You might even be able to sue the school itself. This is often necessary when the abuser is long gone, but the school still exists.

Another common problem is sexual abuse by religious leaders. These people are often respected members of their communities and trusted by everyone. Unfortunately, this often makes it all too easy for them to get away with sexually abusing others. Not only can you sue the person who abused you, but you might also sue the religious institution behind them.

When You Must File a Civil Claim for Sexual Abuse in South Carolina

It is crucial that you speak to an attorney soon, as you have a limited time to file a civil case for sexual abuse.

Cases of childhood sexual abuse must be filed according to the statute of limitations under S.C. Code Ann. § 15-3-555(a). Plaintiffs have 6 years from the day they turn 21 to file a civil case for damages. Alternatively, they may have 3 years from when they realize the abuse or realize that their injuries were caused by the abuse. Whichever limitation period ends later is the one that applies.

Many victims are adults when they are sexually abused, and the above statute of limitations would not apply. Instead, their claims may be filed according to the more general statute that applies to most personal injury claims. According to § 15-3-530(5), you would have 3 years to file your case.

How to Prove Your Claims of Sexual Abuse in a South Carolina Civil Case

Proving claims of sexual abuse is often difficult. Our sexual abuse lawyers representing victims must have enough evidence to meet our burden of proof. In a civil case, this is a “preponderance of the evidence.” Essentially, we must prove that it is more likely than not that the defendant is liable for your damages.

We will likely rely on testimony to meet our burden of proof. Your testimony is perhaps the most important, as only you can testify about exactly what happened to you. However, if others somehow know about the abuse, they might also be able to testify.

If you were physically injured by the abuse, you might have sought medical attention. We may be able to use medical records from when you were treated to help prove your claims. This evidence may be especially persuasive if the injuries described in your records are consistent with injuries common in sexual abuse cases.

Available Damages in a Civil Case for Sexual Abuse Claims

Your damages may be quite substantial. Victims of sexual abuse often live with the trauma of it for many years, and your damages should reflect the magnitude of your pain and distress.

If you south medical attention for injuries from the abuse, you may claim damages for medical costs. While this is possibly, it is not always likely, depending on how long ago the abuse occurred and whether you still have records of those medical costs.

You may claim damages for the psychological distress caused by the abuse. It is a good idea to visit a mental health professional to help us determine exactly how much you were affected by the abuse.

If you have needed psychological help due to the abuse in the past, you might be able to claim damages for the costs of mental health treatment.

Should I Report Sexual Abuse to the Police Before Filing a Civil Case?

It might be a good idea to report the abuse to the police, even if it happened a long time ago.

Depending on what evidence might still exist, the police may investigate. It is possible that the defendant will be arrested and criminally charged. There are no statutes of limitations for criminal charges for sexual abuse in South Carolina, so a person may be charged no matter how long ago the abuse happened.

Additionally, if the police investigate, they might uncover new evidence we can use in our civil case.

Why You Should Hire a Lawyer to Help You with Your Sexual Abuse Case

It is usually a bad idea to try to handle complex civil claims on your own. The facts of your case might be complicated, and the law might be equally hard to understand, even for experienced legal professionals.

Your attorney should communicate with the defendant and their attorney on your behalf. You should never have to make direct contact with the defendant. Your lawyer can also communicate with witnesses and law enforcement.

Your attorney should also help plan legal strategies based on our evidence and maximize your damages and compensation. This requires a deep understanding of the legal system and what cases similar to yours have been worth.

Speak to Our South Carolina Sexual Abuse Lawyers Representing Victims Today

Get a free, private case review from our sexual abuse lawyers representing victims by calling The Law Office of Andrew Shubin at (814) 826-3586.