Connecticut Sexual Abuse Lawyer Representing Victims
Fighting For Important Causes In State And Federal Courts
Whether you were the victim of sexual abuse a long time ago or relatively recently, you deserve justice and closure. While perpetrators of sexual abuse may be held criminally responsible, things do not always work out this way. Even so, our legal team can assist you in filing a civil case to get justice, closure, and fair compensation.
Many victims have a difficult time reporting sexual abuse to anyone. As such, claims often involve older instances of abuse, and finding evidence might be difficult. That said, do not underestimate what evidence might be left, including your testimony. There might still be others who have personal knowledge of the abuse who might testify in court. We can also use records from schools, churches, and hospitals to help us establish important details about the abuse.
Call our sexual abuse lawyers representing victims at (814) 826-3586 and receive a free case review from us at The Law Office of Andrew Shubin.
Can I File a Sexual Abuse Lawsuit in Connecticut?
It takes many victims, especially children, years to recognize sexual abuse and seek justice for it via a civil case. Talk to our lawyers about your past experiences, and see if you can file a sexual abuse lawsuit.
Even if one person sexually assaulted or harassed you, you may have a claim against multiple parties. A common scenario for sexual abuse takes place in institutional settings like schools, prisons, nursing homes, and hospitals. The individual abuser may be liable in a lawsuit, and so might any parties that enabled them to abuse you, like their employer.
For example, if you were sexually abused by a teacher at school, the school might share liability. We may find evidence of previous reports about that specific teacher, whether from you or other students, evidence of poor investigations on the school’s behalf, and other information that indicates liability.
We can review your case, see if you can file a lawsuit, and help you bring a successful claim.
When You Should File a Civil Sexual Abuse Case in Connecticut?
Perhaps one of the biggest legal hurdles to civil cases for sexual abuse is the statute of limitations. Many civil claims are governed by a statute of limitations that imposes a strict time limit on plaintiffs. If you do not file your case within the designated limitation period, you might never be able to file it. Sexual abuse cases are arguably more complex than other claims because there are multiple statutes of limitations that apply under different circumstances.
Adults
For those who experienced sexual abuse as adults, the statute of limitations is very short. There is no specific statute of limitations for sexual abuse against adults, so these claims must follow the normal three-year window for personal injury lawsuits under CT Gen. Stat. § 52-577.
However, our sexual abuse lawyers representing victims must use the date of the most recent instance of abuse when calculating the limitation period. It is typical for victims to be abused over many months or years, and your limitation period should begin from the most recent abuse, not the first instance. This might give you the time you need to prepare your case, but you must act fast.
Childhood Sexual Abuse
Although it is difficult to discuss for many, childhood sexual abuse is a common claim in our civil justice system. Abused children often cannot come forward about abuse on their own. Even when they report the abuse to a trusted adult, they might not be believed. As such, victims of childhood abuse often do not come forward about what happened to them until their adult years. It is common for victims to wait until middle age or later before they seek justice. For these reasons, the law allows victims of childhood sexual abuse much more time to sue.
According to § 52-577d, a plaintiff has 30 years from when they turn 21, or until age 51, to file a civil case for childhood sex abuse. While this is a very long time, and you may submit your case at any point within the limitation period, it is still a good idea to contact the authorities about the abuse sooner rather than later. The longer you wait, the more evidence might be lost and the harder it might be to get justice.
Criminal Convictions
Suppose the person you wish to sue in civil court for sexual abuse was convicted in criminal court of certain offenses related to the abuse. In that case, the limitation period might change again.
According to § 52-577e, any civil action to recover damages for a sexual assault may be filed at any time if the person legally responsible for the assault and your injuries has been convicted of a Class A or B felony for sexual assault in the first-degree or a Class A or B felony for aggravated sexual assault in the first degree.
What Should You Tell Your Sexual Abuse Lawyer to Help Your Case?
We need a lot of context and information to prepare your case, so you can expect questions about when the abuse began, what it entailed, and whether or not you disclosed the abuse.
When the Abuse Began
Tell our lawyers when the sexual abuse first began and how long it lasted. Some victims are abused over many years, starting early in childhood. Also, tell us when the abuse ended, as this will affect the statute of limitations for your lawsuit.
What the Abuse Entailed
Also, tell our lawyers what the abuse entailed. Though this can be uncomfortable, we must understand the extent of the harm done to you and its effect on your life. We may encourage you to discuss sexual abuse with a mental health professional, who can assess you and testify about your pain and suffering if your case goes to trial.
Whether You Disclosed the Abuse
We also need to know whether or not you disclosed the abuse to anyone. That includes law enforcement, a close friend, or a trusted adult. If you did not disclose the abuse to anyone, still contact our lawyers about your case.
If You Documented the Abuse
Victims might document abuse in diaries, through photos, or by other means. Correspondence between a victim and abuser is also good evidence, so give us any documentation that seems relevant.
If You Suffered Injuries
Also, tell us if you suffered injuries or other physical harm from sexual abuse. Contracting sexually transmitted diseases, sustaining lacerations, and suffering contusions are common consequences of sexual abuse. Getting physically hurt and needing medical attention contributes to your total damages, which our sexual abuse lawyers representing victims can quantify and prove.
How to Prove Your Civil Case for Sexual Abuse in Connecticut
Proving your claims will likely be challenging, especially if the sexual abuse occurred many years ago. Even with strong evidence on our side, your case might be an uphill battle. While the evidence is unique in every case, we should consider certain common forms of evidence that tend to be helpful in sexual abuse cases.
Your Testimony
Your testimony might be among the most important evidence in your case. While other evidence might be hard to come by, your testimony may be readily available. On top of that, your memories of the abuse and the effect it had on your life are paramount to the success of your case. While testimony is not always regarded as the most irrefutable evidence, it can be very powerful and persuasive to a jury.
We understand that testifying can be intimidating, especially with an abuser in the room. We will make sure you feel ready to testify, talk about the abuse you endured, and discuss your non-economic damages.
Witness Testimony
Other people out there may have information about how and when you were abused. Perhaps someone witnessed the abuse directly. In some cases, multiple victims are abused, and they can back up each other’s claims with eyewitness accounts of the abuse.
Tell us about any witnesses who may provide useful testimony. That way, we can interview them and preserve their statements. Even if the abuse happened a long time ago, witnesses’ memories may be intact and very helpful during a lawsuit.
Reports and Records
Records might also be helpful in proving your claims. If you reported the abuse to anyone, there could be an official record. For example, suppose a student reported that a teacher sexually abused them to a school administrator. In that case, the school might have made a formal record of the report, even if the school did nothing about the abuse.
If you received medical care for injuries from the abuse, those medical records might be used to show how your injuries were consistent with injuries common in abuse cases.
If you reported the abuse to law enforcement and there was a criminal case or investigation, those records may help us build your civil case.
You may still recover damages and hold an abuser liable, even if you did not report to the police, so still reach out to our lawyers about your case.
Will My Sexual Abuse Lawsuit Go to Trial in Connecticut?
Institutional sexual abuse cases in particular often settle out of court to keep matters somewhat private. Settling a sexual abuse lawsuit still gets you justice, and we will ensure the settlement appropriately holds the defendant liable.
Many victims file sexual abuse lawsuits wanting to go to trial, regardless of settlement offers. We can help you make this decision based on the many damages from ongoing sexual abuse. You must consider economic damages, like if the psychological effects of abuse prevent you from working and earning an income. Therapy and other major expenses should be covered, or we will reject a settlement.
You decide whether or not your case goes to trial, and we can help you make this important decision.
What Influences Non-Economic Damages in Sexual Abuse Lawsuits?
Many factors influence non-economic damages in sexual abuse lawsuits, which we can quantify when we handle your claim in Connecticut.
The Victim’s Age at the Time of Abuse
How old you were when the abuse began might factor into your non-economic damages. Children cannot comprehend sexual abuse in many instances, and juries may award more compensation to those abused as minors, especially those abused by a trusted authority figure.
The Duration of Abuse
How long the sexual abuse lasted also influences the non-economic damages you might get. Give our lawyers as much detail about when the abuse started and how it progressed in severity over time.
The Victim’s Current Quality of Life
Many sexual abuse victims get diagnosed with post-traumatic stress disorder, depression, and other mental conditions that may require intense therapy and prescription medications. If your quality of life is permanently affected by sexual abuse, tell our lawyers, and we can argue for greater non-economic damages.
Get Help from Our Connecticut Sexual Abuse Lawyer Representing Victims
Call The Law Office of Andrew Shubin’s sexual abuse lawyers representing victims at (814) 826-3586 for a free case discussion.