Iowa Sexual Abuse Lawyer Representing Victims

Sexual abuse often affects victims for the rest of their lives, and many are too afraid to report the abuse until many years later. Even if you were sexually abused a long time ago, you can still get justice in civil court. Talk to an attorney about how you can get fair compensation for everything you have gone through.

If you have not yet done so, report the abuse to the police. They may investigate your claims and uncover evidence we might not otherwise find. Even if the defendant is not criminally charged, you can still file a civil claim for damages. While many victims of sexual abuse wait many years before coming forward, there may still be time to file a lawsuit. The statute of limitations for childhood sexual abuse may give you several years or more to file a claim, depending on your specific circumstances.

For a free initial case evaluation, call our sexual abuse attorneys representing victims at The Law Office of Andrew Shubin at (814) 826-3586.

How You Can Get Justice for Sexual Abuse

Although it can be intimidating, you can take legal action and get justice for what happened to you.

Your first step is to report the incident to the police. Sexual abuse may lead to extremely serious criminal charges, and the authorities will want to investigate. Not only can the police help you get away from the abuser, but they may also uncover valuable evidence.

Next, you should get emergency medical help. Many abuse victims are badly physically harmed, and they may need urgent medical care. Additionally, the hospital records everything about your injuries and treatment, and we can use these records to prove damages in civil court.

If criminal charges are pending, our sexual abuse lawyers representing victims will prepare a civil lawsuit against the defendant. Civil trials are separate from criminal trials. Even if a defendant is found not guilty in criminal court, they may still be held liable for your damages in civil court.

In civil court, justice often takes the form of financial compensation. While a civil court cannot send the defendant to jail, it can make their actions very expensive. Many plaintiffs require this compensation to rebuild their lives and move forward.

How Much Time Do We Have to File a Civil Case for Sexual Abuse in Iowa?

While hiring a lawyer immediately would be ideal, it is not always possible. Even so, you may still be able to file your case if your claims are within the statute of limitations. The time limits for sexual abuse cases in Iowa vary based on your age when the abuse happened.

Adult Victims

People who were sexually abused during adulthood have a very limited amount of time to report the abuse, hire a lawyer, and prepare a civil case.

The statute of limitations under I.A. Code § 614.1(2) gives adult victims of sexual abuse only 2 years to file their claims in court. This is a very short timeline, as many victims wait years before even thinking about reporting the abuse.

Under specific circumstances, you may have the statute of limitations tolled, and your time to file may be extended. Tolling is possible for those with legal disabilities, according to § 614.8(1). A legal disability may be a mental condition that prevents you from taking legal action, and you have 1 year from when the mental condition is removed to file.

Childhood Sexual Abuse

Victims of childhood sexual abuse usually have a longer limitation period because children cannot take legal action on their own.

According to I.A. Code § 614.8A, when the injuries occur during childhood but are not discovered until adulthood, the plaintiff has 4 years from when they discover the injuries to file a civil claim. They must realize both the injury and the causal relationship to childhood sexual abuse.

On top of that, your limitation period may be different if certain people abuse you. Under § 614.1(12), if the sexual abuse came from a counselor, therapist, school employee, or adult providing training or instruction, you have 5 years from your last session with a counselor or therapist or 5 years from the date you were last enrolled in the school where the abuse occurred to file a case.

Claiming Damages for Sexual Abuse in Iowa

Damages in a civil sexual abuse claim may be quite substantial. Victims often live with physical and emotional scars from the abuse for many years, and a judge or jury may be inclined to award significant compensation.

Economic Damages

A major component of many civil claims is economic damages that reflect the money you lost because of your injuries. In sexual abuse claims, economic damages often revolve around medical costs. If you were injured, you may have gone to a doctor for treatment, even if you did not report the abuse. Your hospital bills should be factored into your damages.

Additionally, you might have sought mental health treatment because of the trauma of the abuse. In that case, your therapy or psychiatry bills may also be included in the case.

Non-Economic Damages

Your non-economic damages relate to personal, painful experiences from the abuse, and compensation may be enormous.

Sexual abuse takes an enormous toll on victims. You have likely been suffering mentally and emotionally since the abuse occurred, and you may claim significant damages for your pain and suffering.

“Pain and suffering” is a somewhat broad phrase that encompasses various forms of pain and distress. You may claim damages for the shame, violation, fear, and humiliation you experience, too.

Punitive Damages

Although rare, punitive damages may be available if the defendant’s actions were especially heinous.

Under I.A. § 668A.1(1), we may be awarded punitive damages if we prove by clear and convincing evidence that the defendant acted with a willful and wanton disregard for the safety of others or that their conduct was specifically directed at the plaintiff.

Sexual abuse generally tends to meet these criteria, so we should give serious consideration to claiming punitive damages.

Ask Our Iowa Sexual Abuse Attorneys Representing Victims for Help Now

For a free initial case evaluation, call our sexual abuse attorneys representing victims at The Law Office of Andrew Shubin at (814) 826-3586.