Sexual Abuse Attorneys

• Withdrawal or Isolation: A sudden change in social behavior, such as becoming withdrawn, isolated, or avoiding friends and family.
• Fearfulness or Anxiety: Exhibiting extreme fear, anxiety, or nervousness, especially around certain individuals or locations.
• Depression: Persistent sadness, mood swings, or signs of depression.
• Anger or Aggression: Unexplained anger, irritability, or aggressive behavior.
• Sexual Behavior: Displaying inappropriate sexual knowledge or behavior for their age, including explicit drawings or acting out sexual scenarios.
• Changes in Sleep Patterns: Difficulty sleeping, nightmares, or insomnia.
• Eating Disorders: Sudden changes in eating habits, such as overeating or loss of appetite.
• Self-Harm: Engaging in self-destructive behaviors like cutting, burning, or other forms of self-injury.
• Substance Abuse: Increased use of drugs or alcohol as a coping mechanism.
• Running Away: Frequent attempts to run away from home or avoid specific places.
• Bruises or Injuries: Unexplained bruises, cuts, or injuries, particularly around the genital or anal areas.
• Pain or Discomfort: Complaints of pain, itching, or discomfort in the genital area.
• STDs or Pregnancy: Diagnoses of sexually transmitted diseases or unexpected pregnancies, especially in young children or adolescents.
• Difficulty Walking or Sitting: Difficulty walking, sitting, or frequent pain without a clear medical cause.
• Hygiene Changes: Sudden neglect of personal hygiene or overly meticulous cleanliness.
• Low Self-Esteem: Feelings of worthlessness, guilt, or shame.
• Trust Issues: Difficulty trusting others or forming close relationships.
• Regressive Behaviors: Reverting to behaviors typical of a younger age, such as bedwetting or thumb-sucking.
• Sudden Academic Decline: A noticeable drop in school performance or loss of interest in school activities.
• Fear of Specific People or Places: Extreme fear or avoidance of specific individuals or locations.
• Disclosures: Direct or indirect statements about the abuse. Children might say things like "I don't want to be alone with [person]."
• Sexual Language: Using sexual language or terms that are inappropriate for their age or context.
• Vague Statements: Making ambiguous statements that hint at the abuse, such as "Someone is hurting me" without providing specifics.

How Civil Sexual Abuse Lawsuits Differ from Criminal Cases

No matter where you are in the United States, sexual assault and sexual abuse are against the law. In theory, anyone who commits these heinous acts will be arrested, criminally charged, and tried. In practice, the criminal justice system fails many survivors. Proving sexual abuse or assault in a criminal court is often a tall order, and many alleged offenders are not charged at all. 

This unfortunate reality is why understanding the difference between a civil sexual abuse lawsuit and criminal proceedings is vital for survivors seeking all available forms of justice. A survivor can pursue a civil lawsuit to obtain financial compensation for the harm suffered. In these cases, the burden of proof is lower than in criminal proceedings. The survivor only needs to prove that it is “more likely than not” that the abuse occurred. This is known as the “preponderance of the evidence” standard.

In contrast, criminal proceedings are initiated by the state and aim to punish the perpetrator through imprisonment or other penalties. The standard of proof in criminal cases is “beyond a reasonable doubt,” a considerably higher bar to meet compared to civil cases. It's worth noting that while a survivor can report the abuse to the police, the decision to prosecute rests with the state.

These two processes are not mutually exclusive. A survivor can pursue both a civil lawsuit and cooperate with criminal proceedings at the same time. The outcome of one does not influence the other. For example, a “not guilty” verdict in a criminal trial does not prevent the survivor from pursuing a civil lawsuit. The available evidence may not meet the “beyond a reasonable doubt standard,” but it could clear the “preponderance of the evidence” standard.

Put simply: Do not assume you cannot take legal action if your abuser was not criminally charged or was acquitted. Our sexual abuse attorneys can walk you through your legal options.

Who Is Liable for Sexual Abuse?

Depending on the circumstances of the sexual abuse, the abuser themselves may not be the only individual or entity that can be held liable. There are several other parties that you may be able to take legal action against. 

Employers or organizations can sometimes be held accountable for sexual abuse that occurs on their watch. If the abuse occurred in a scenario where the abuser was in a position of authority or trust due to their employment or role within an organization, that employer or organization could potentially be held liable. This could apply to situations where the abuse was committed by teachers, coaches, religious leaders, or healthcare professionals, among others. The employer or organization could be held liable if it can be demonstrated that they were negligent in their responsibilities, such as failing to conduct adequate background checks, ignoring reports or signs of abuse, or failing to provide a safe environment.

The owners or operators of the property where the abuse occurred could also potentially be held liable if they failed to take reasonable action to prevent the abuse. Property owners have a general duty to ensure the safety of individuals on their premises, and this includes taking steps to prevent sexual assault and other crimes. If the owner or operator knew or should have known about the potential for abuse and failed to take appropriate action (including implementing adequate security measures), they could be held accountable.

Determining liability in sexual abuse cases can be a complex process that requires a thorough investigation. If you are a survivor seeking to hold parties accountable for sexual abuse, our team at Matthews & Associates can provide the necessary guidance and legal support.