Can Social Media Platforms Be Named in Sexual Abuse Lawsuits?

Social media sites connect users from all over the world, have algorithms to suggest content, and, sometimes even knowingly, facilitate sexual abuse and exploitation through their platforms. When this happens, can you sue a social media site like you could any other abuser?

It’s been increasingly common for social media platforms to be named in sexual abuse and exploitation lawsuits, and for them to be found liable. It’s not easy, and our lawyers may have to prove the platform used algorithms that enabled exploitation or lacked the safety features it advertised. Naming a social media platform can maximize your damages in a sexual abuse case, and our lawyers can see if it is an option for you.

To get the free case analysis you need from our attorneys for victims of sexual abuse, call The Law Office of Andrew Shubin at (814) 826-3586.

Can You Name a Social Media Platform in a Sexual Abuse Lawsuit?

Facilitation or enabling of the sexual abuse you endured can create liability, even for social media platforms. Our attorneys can see whether or not a social media site can be named in your sexual abuse lawsuit to maximize your damages.

Enabling Algorithms

Algorithms designed to suggest content or accounts solely based on the content users consume can ultimately facilitate abuse. Algorithmic targeting that exposes possible victims, especially minors, to predators creates a serious hazard and risk of abuse, and could make a social media platform partially liable.

Lack of Safety Features

Social media platforms, especially those that also allow minors, should have adequate safety features. It should certainly have any safety features it advertises to users or parents concerned about a child’s internet access.

Common safety features to prevent exploitation and sexual harassment or abuse on social media platforms include private account settings, limiting direct messaging, restricting comments, managing tagged posts, and blocking or muting other accounts. If these features don’t work or don’t exist, users could be affected and exploited.

Failure to Ban Reported Users

When social media platforms are notified of an abusive or predatory account, they should respond appropriately by automatically banning or suspending it. If predatory accounts reported for sexual harassment or exploitation, especially towards minors, aren’t banned, social media platforms can bear liability.

Why Can You Sue Social Media Platforms for Sexual Abuse?

Section 230 of the Communications Decency Act provides wide immunity for social media platforms and websites for user-generated content. That made suing social media platforms for things like sexual abuse or exploitation more challenging before 2018, with the passing of the Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA-SESTA).

FOSTA-SESTA amended Section 230 to strip legal immunity for social media sites that facilitate or promote sex trafficking. This makes it easier to hold websites liable for targeted algorithms, lax safety features, and not banning accounts reported for sex trafficking or exploitation.

You can only sue while there is still time left in the statute of limitations, which varies from state to state and can differ within individual states for child and adult victims.

What Damages Can Social Media Platforms Pay in Sexual Abuse Lawsuits?

Social media platforms may be liable for the same damages as any other defendant in a sexual abuse or exploitation lawsuit, and our attorneys can calculate these damages for you.

Economic damages are recoverable, including medical expenses to treat injuries and therapy costs.

Non-economic damages are also available, and you may get a substantial sum for the pain, suffering, mental anguish, emotional distress, post-traumatic stress disorder, and other intangible harms you have experienced from abuse, with help from our attorneys for victims of sexual abuse.

FAQs About Suing a Social Media Platform for Sexual Abuse

What Kinds of Sexual Abuse Can Social Media Platforms Be Liable For?

Social media sites might share liability for facilitating grooming, sex trafficking, sextortion, or the soliciting of child sexual abuse material.

How Long Do You Have to Name a Social Media Platform in a Sexual Abuse Lawsuit?

The statute of limitations for civil sexual abuse cases varies by state. For sexual abuse or exploitation as a minor, you may have decades to bring your case. Don’t assume that’s true; always confirm the statute of limitations as soon as possible so you don’t miss it.

What Damages Can You Get in a Sexual Abuse Lawsuit Against a Social Media Platform?

Social media platforms can be made to pay considerable non-economic damages in sexual abuse lawsuits. Economic damages are also available, but pain and suffering may make up the majority of your settlement, so don’t underestimate them.

What Evidence is Used in Sexual Abuse Lawsuits with Social Media Platforms?

Internal documents and reports from the social media platform, direct messages, screenshots, and expert testimony are strong evidence in sexual abuse lawsuits involving social media platforms.

What Safety Features Should Help Prevent Abuse on Social Media Platforms?

Private account settings, parental controls, direct messaging controls, age verification, identity verification, and straightforward reporting processes are important safety features for social media platforms, especially those available to minors.

How Likely is Settling if You Name a Social Media Platform in a Sexual Abuse Lawsuit?

Settlement is likely in sexual abuse lawsuits involving social media companies so that the details remain private. Settlement is not guaranteed, however, and more of these lawsuits than ever before are being litigated in court.

Do You Need a Lawyer’s Help to Name a Social Media Platform in a Sexual Abuse Lawsuit?

Naming a social media platform in a sexual abuse lawsuit is daunting, and you would benefit from having an experienced attorney by your side who knows how to approach your case and help you win it.

Get Our Help with Your Sexual Abuse Lawsuit

For a free case discussion with our attorneys for victims of sexual abuse, call The Law Office of Andrew Shubin today at (814) 826-3586.