How to File a Civil Suit After Online Grooming Behavior
Fighting For Important Causes In State And Federal Courts
Online grooming behavior is unfortunately more common than many people believe, and young people are especially vulnerable. If your child was subjected to grooming behavior from an adult predator online, you may sue them in civil court.
Grooming behavior can be very distressing once you realize what is happening. Many victims live with intense emotional distress, humiliation, and shame. In some cases, predators try to control their victims by threatening to expose or actually exposing private pictures and communications. You may sue the online predator, social media platforms that facilitated the grooming behavior, and those who had a duty to supervise your child but failed to do so.
Call The Law Office of Andrew Shubin at (814) 826-3586 and ask our attorneys for victims of sexual abuse for a free, private case review to begin your lawsuit.
Claiming Intentional Infliction of Emotional Distress from Online Grooming Behavior
Many victims claim extensive damages for the intentional infliction of emotional distress. Such claims require proving 4 key elements:
- The defendant’s conduct was outrageous or extreme. Online grooming behavior is often considered quite shocking.
- The defendant either intended to cause emotional distress or acted with a reckless disregard that their actions would highly likely lead to emotional distress in the victim.
- The defendant’s outrageous actions directly caused the victim’s emotional distress and suffering.
- The emotional distress the victim endured is severe and caused damages.
Who Can You Sue for Online Grooming Behavior?
One of the scariest parts about online grooming behavior is that the identity of the other person may be unknown. Call the police so they can investigate. In the meantime, our attorneys for victims of sexual abuse can explore legal options and determine whom to sue for damages.
The Person Who Committed Grooming Behavior
You can and should sue the person who committed the online grooming behavior against you or your child. If you know who this person is, you should contact the police and report them immediately before contacting a lawyer to begin a civil case.
If you are unsure who this person is, the police should investigate. Evidence from your computer or other devices used to communicate with this person may be analyzed and help investigators locate the defendant.
Social Media Platforms
You may sue websites or social media platforms where the grooming behavior occurred. For example, if you learn your child was the victim of online grooming behavior through social media apps like TikTok or Instagram, you may bring civil claims against those platforms.
Many social media platforms have millions of users, many of them minor children, and they may owe a duty to prevent young people from being abused or taken advantage of by predatory adults. While many platforms’ terms of service require users to be at least 13 or 16, they often do very little to enforce this requirement. This likely does not matter much if the victim is over the required age.
The Defendant’s Employer
If we learn that the defendant was using their work computer or a device provided by their employer to communicate with the victim, we may sue their employer, too. Alternatively, if they use their position at work to find victims, their employer may be liable.
For example, if a youth pastor uses their position with the church to find potential victims to take advantage of online, we can sue the pastor and their employer, the church.
It is wise to include employers in your lawsuit if possible. Individual defendants may be unable to afford your damages, but their employer likely has greater financial resources.
Evidence of Online Grooming You Need for a Lawsuit
When suing for online grooming behavior, we need evidence that the behavior occurred, that you or your child was the victim, and that you experienced real damages.
Copies of Online Conversations
Grooming behavior may involve numerous online messages, and there is a good chance that copies of all those communications and other data are still available. Anything the defendant sent to your child through social media is likely still somewhere in your child’s social media profile.
Images and Videos
Predators may request inappropriate photos and videos from victims once they have built up trust. They may even send pictures of themselves. These photos and videos may be crucial pieces of evidence and clear proof that the relationship was inappropriate grooming behavior.
Digital Forensic Evidence
Digital forensic information, such as IP addresses and social media metadata, may shed light on who the other person is, where they are located, and how long their social media profiles have been active.
To obtain this evidence, we may need to let the police analyze any computers or devices your child may have used to communicate with the defendant. We can also request metadata from social media platforms.
Can You Claim the Costs of Therapy in an Online Grooming Lawsuit?
Victims of online grooming behavior may be deeply affected, and they often need mental health treatment and therapy. Unfortunately, therapy can be quite costly, especially for families without insurance. However, you may claim these costs as part of your damages, including costs of future therapy.
Invasion of Privacy and Doxxing in Online Grooming Cases
Online groomers often maintain control over victims by threatening to expose any personal information they may have been tricked or enticed into disclosing. Depending on the information involved, this may be illegal doxxing, and you should include these claims in your lawsuit.
What if Your Child Faces Blackmail in an Online Grooming Case?
In many cases, online groomers keep their victims coming back because they have shocking or humiliating photos, videos, or information about the victim that they could release. Often, they trick their victims into sending this information willingly.
Online Groomers and Child Pornography Offenses
If your child was enticed into sending explicit photos or videos of themselves to an online groomer, there are likely very serious child pornography offenses involved in the case. The authorities will likely thoroughly investigate to find the defendant if they are not yet known, and they will likely face serious criminal charges.
How Can Parents Identify Online Grooming Behavior?
Parents may spot many signs of online grooming behavior, including kids being secretive about their online activities, changes in mood or personality, and withdrawals from friends and family. In some cases, parents do not realize what is going on until their child attempts to meet the online predator in real life.
When Should You Call a Lawyer About Online Grooming Behavior?
Contact a lawyer as soon as possible. Once you have figured out the truth of what is happening, call the police and call a lawyer almost immediately.
Should You Contact the Police About Online Grooming Behavior?
Yes. Online grooming behavior often involves dangerous predators and may lead to more serious behavior. If you believe your child is the victim of online grooming, call the police.
Speak to Our Attorneys for Victims of Sexual Abuse About Your Claims Now
Call The Law Office of Andrew Shubin at (814) 826-3586 and ask our attorneys for victims of sexual abuse for a free, private case review to begin your lawsuit.