Sexual Abuse Lawyer Representing Victims in Missouri
Fighting For Important Causes In State And Federal Courts
Our attorneys work to help sexual abuse victims across Missouri seek justice for what happened to them. The criminal justice system often does not focus on survivors, and instead focuses on punishment. Through civil claims, survivors can instead get monetary damages that help them move forward after abuse.
Our lawyers can take your claims to court and hold abusers accountable financially. This also often allows lawsuits against institutions that allowed abuse to occur or actively participated in coverups and making people less safe.
At The Law Office of Andrew Shubin, our sexual abuse attorneys for victims fight to help you recover. Call (814) 826-3586 for a free case review.
Importance of Coming Forward
If you faced sexual abuse, it is important to come forward – not just for yourself, but for others in your situation.
Stopping Abuse
When abuse is reported, it is supposed to be investigated. This can often uncover and stop other ongoing abuse you might not even be aware of.
If you are still being abused, coming forward about it can also help you get protective orders, file criminal charges, and even get the defendant arrested to stop your abuse.
Exposing Institutional Abuse
When institutions are involved – like schools, churches, and other organizations – the abuse might be widespread. If the institution helped cover up or perpetuate abuse, others may be facing the same situations you are in.
Coming forward can put close scrutiny on the organization, start investigations, and help stop institutional abuse.
Empowering Other Survivors
Other people facing the same challenges as you often feel empowered to come forward when they know they are not alone. You might understand this already if you only felt ready to come forward because you heard about other survivors who had success in their claims and reports.
How You Can Recover Compensation
The goal of criminal charges is to punish the defendant for their abuse. The goal of civil lawsuits is to get justice and financial compensation for the victim.
Filing Lawsuits
You can file a civil lawsuit to get damages for what happened to you. This can include a lawsuit against the specific individual or individuals who sexually abused you. It can also allow claims against an institution that they worked for or that allowed the abuse to happen through its own actions.
Damages can be recovered for medical bills, lost earnings, and even the physical, mental, and emotional harm of the abuse.
Lawsuits Are Different from Restitution
Restitution is sometimes paid through criminal cases, giving the victim money from a fund to cover things like medical care. However, it usually does nothing to account for pain and suffering, mental anguish, or emotional distress.
Suing is often the best way to get these damages covered, along with potential punitive damages.
Avoid Settlement Without a Lawyer
Never settle your case without speaking to a lawyer representing sexual abuse victims. We can negotiate to see that the settlement
- Properly compensates you
- Sets up guardrails to prevent future abuse
- Keeps you free of NDAs (non-disclosure agreements) and other limits on your right to speak about what happened to you.
What Do You Have to Prove?
Depending on the specific claim you bring, you may have to prove different elements.
Assault
Assault is placing someone in fear of immediate, unwanted physical contact. This means showing that the defendant came at you, not necessarily that they touched you.
Battery
Battery is the actual unwanted physical contact. You do not necessarily have to show injury; the fact that the contact was unwanted or inappropriate is usually enough.
Sexual Abuse
Claims specifically for sexual abuse have more specific elements regarding unwanted sexual touching or actual penetration. We would essentially have to prove that the elements of a crime were met, but the burden of proof is lower in civil cases.
Claims may need to meet these specific criteria, rather than the broader assault and battery elements, to bring them within the longer statute of limitations for sexual abuse claims.
Suing Institutions for Sexual Abuse
You can potentially sue an individual abuser as well as an institution involved in the case. This allows lawsuits against organizations like
- Schools
- Camps
- Sports teams
- Churches
- After-school programs
- Scouting organizations
- Daycares
- Correctional institutions
- Mental health facilities
- And more.
To bring your claim, you usually must show at least one of these:
- The abuse occurred within the defendant’s job at the institution (e.g., while they you’re your teacher, coach, priest, etc.)
- The institution previously failed to investigate claims of abuse by this or other staff members.
- The institution intentionally covered up the abuse, cycled abusers through different locations, or otherwise made future abuse more likely.
Statute of Limitations on Sexual Abuse Claims in Missouri
The statute of limitations is the amount of time you have to bring a case against the person who abused you. Note that the statute of limitations against institutions may be shorter.
Child Victims
For people abused under the age of 18, they must file their claims before they are 31 years old. If they had not discovered the sexual abuse, then they have until 3 years from the date of discovery if that is later than age 31.
Adult Victims
Injury claims must typically be filed within 5 years for adults, but assault and battery claims have a 2-year filing deadline because they are intentional torts.
FAQs for Sexual Abuse Victims Seeking Counsel in Missouri
Why Do You Need a Lawyer?
You should always work with a lawyer when you are the victim of serious harm like sexual abuse. Victim’s advocacy groups and police are not your lawyers, and they cannot provide you with the same legal advice and help getting compensation that your lawyer can.
Is Everything You Say to Your Lawyer Confidential?
Our attorneys have legal and ethical obligations to keep confidential the things our clients and potential clients tell us. We can only divulge information
- With our client’s permission or
- When necessary to prevent death or substantial injury.
We may provide information about your abuse to the court, but only when you give your consent to include that information in your claims.
How Can You Avoid Retaliation or Revenge from an Abuser?
Our lawyers can often file claims with your personal information kept private from court records, especially if our client is a minor. However, the defendant will likely be able to figure out who you are based on the facts.
We can help you seek protection from abuse orders and notify the police of any misconduct from the defendant to pressure you against testifying, threaten you, or otherwise harass you. Much of that behavior is a crime and can lead to penalties within the civil case as well.
Call Our Attorneys for Victims of Sexual Abuse in Missouri
Contact The Law Office of Andrew Shubin’s sexual abuse victims’ lawyers at (814) 826-3586 for a free, confidential case review.