Minnesota Sexual Abuse Lawyer Representing Victims
Fighting For Important Causes In State And Federal Courts
If you or your child has been sexually abused, getting help can be scary. It can be difficult to admit what happened, but our lawyers can help you work up the courage to come forward about the abuse and seek compensation from the responsible parties.
Many abuse cases involve suing an individual directly for what they did. Others seek to hold institutions like schools, camps, and churches responsible for what their workers did in positions of trust or authority.
For a free, completely confidential case evaluation, call our sexual abuse lawyers representing victims at The Law Office of Andrew Shubin today at (814) 826-3586.
Minnesota Sexual Abuse Laws
Sexual abuse is patently illegal, both at a civil and criminal level. Of course, there are criminal statutes against rape, sexual assault, and sexual abuse, and these can be used to press charges. On top of that, these issues also constitute civil “torts,” allowing civil lawsuits for monetary damages.
Reporting the abuse to the police can get criminal charges filed, and our attorneys can help you cooperate with that case and, ideally, get the defendant punished for what they did to you. However, that does not focus on your needs.
When our sexual abuse lawyers representing victims file a civil lawsuit, we can get you damages.
What Damages Can I Receive for Sexual Abuse Claims?
Sexual abuse has physical and mental/emotional effects you can claim damages for.
The physical effects sometimes need medical care. You may have been both physically and sexually abused, and the cost of getting medical care can be expensive, but the person who hurt you should be made to cover it all.
On top of that, you may have needed therapy and other mental health care that also costs money. The trauma of sexual abuse can also leave you with PTSD or other symptoms that need ongoing care.
These mental and emotional effects may even prevent you from working or holding regular employment, potentially making those losses damages, too. On top of this, the toll of these mental effects is, itself, something worth non-economic damages.
Lastly, wrongdoers can often be forced to pay additional damages to punish them for what they did. These “punitive damages” can sometimes be double or triple the rest of the damages in your case.
Can I File a Claim for My Child’s Sexual Abuse?
Sexual abuse caused by another adult can leave a child with traumatic injuries or mental/emotional trauma to deal with, potentially for the rest of their lives. These cases often result in damages, too.
Parents can typically file sexual abuse claims on their child’s behalf. Claims against teachers, coaches, and even family members are often viable.
The problem with this is that children often do not understand that they are being abused. It might not be until years later, when they are adults, that they put the pieces together and recontextualize what happened to them as a child.
In these cases, the child can often file later in life. There is no statute of limitations for sexual abuse of a child, and the victim can file their claim any time later in life when they feel comfortable doing so.
What is the Statute of Limitations for Sexual Abuse of Adults and Children in Minnesota?
As mentioned, there is no statute of limitations for sexual abuse of a child. This allows them to come forward whenever they are ready. The exception is that if the abuser was themselves under 14 when the abuse happened, you must file before the victim turns 24.
Cases of sexual abuse involving adult victims must be filed within 6 years.
Claims Against Institutions: Schools, Churches, Scouts, Etc.
Institutional claims can be filed for sexual abuse taking place in any of these settings:
- Church
- Camps
- Schools
- Universities
- Scouting
In these cases, the claim is filed against an organization or entity – such as a church or school – for its role in allowing the abuse to happen. Often, this stems from negligent hiring or retention of someone they should have known was a danger to children.
This can also involve negligent security or other negligence that allowed the victim to be abused. There are also many cases involving knowing collaboration, such as claims against churches where known abusers were shuffled into different communities instead of being reported.
You can even make the claim that the institution is responsible simply because the abuse occurred within the scope of the abuser’s job. The doctrine allowing this kind of lawsuit is known as “respondeat superior.”
There may be rules to follow for reporting under Title IX, a federal law for sex discrimination in education, which includes sexual abuse.
Deadlines for Institutional Abuse Claims
There are also different deadlines to file a respondeat superior lawsuit against an institution: 6 years for adult victims and before the victim turns 24 for child victims. After that, you cannot get damages from the institution, but you can still sue the abuser under normal rules.
Is it Worth Bringing a Sexual Abuse Claim?
Many people are afraid to come forward about sexual abuse, given that they have seen terrible news stories in the past about abuse claims where the defendant was not punished. What people usually do not see is the thousands of sexual abuse lawsuits that succeed every year.
When you file a sexual abuse lawsuit, it is likely to settle because the defendant might not want to go to court. Many institutions also have funds for settling these claims and repaying victims.
As such, many of these claims are not likely to make the news, and victims and abusers alike might want to keep the case under wraps. Because of this, people do not see that so many cases truly do succeed in getting the victim the compensation they need, whether criminal charges succeed or not.
Call Our Sexual Abuse Attorneys Representing Victims in Minnesota Today
For your free case review with The Law Office of Andrew Shubin’s sexual abuse lawyers representing victims, call (814) 826-3586.