Sexual Abuse

Sexual abuse can take many forms. It typically refers to any sexual contact to which the recipient does not or cannot give consent.

The National Sexual Violence Resource Center defines sexual abuse as, “When a person knowingly causes another person to engage in a sex act by threatening or placing the other person in fear, or if someone engages in a sexual act with a person who is incapable of appraising the nature of the act or unable to give consent.”

This definition means individuals who are unable to provide consent which includes:

• Minors
• People with intellectual disabilities
• People incapacitated by drugs or alcohol consumption
• People being explicitly threatened
• People who are under duress, even if no explicit threat is made

Almost any claim of sexual abuse can be the basis for a civil claim and meaningful financial compensation. Regardless of what kind of sexual abuse you suffered, we at Motley Rice are trained and equipped to listen to your story and help you navigate if the civil court system can be a part of one’s pursuit of justice.

Childhood sexual abuse

It can take many years, if not decades, for people who were sexually abused as minors to process the harm that they experienced at the hands of another. Statutes of limitations in state law dictate how long after abuse a civil sex abuse claim can be brought. In addition, several states have passed lookback windows to allow survivors the additional time to file civil claims.

Groups and institutions that have been investigated for alleged child sexual abuse include:

• Big Brothers and Big Sisters
• Boarding Schools
• Boy Scouts of America (BSA)
• Boys and Girls Clubs of America
• Daycares
• Fraternities (including Freemasons and Opus Dei)
• Public school districts
• Private schools
• Residential treatment facilities
• Religious groups (including the Church of Jesus Christ of Latter-day Saints and the Catholic Church)
• Summer camps
• Universities and colleges
• Youth serving organizations like youth sports

People entrusted with the care of children may be required by law to report suspected abuse to their state’s children’s services agency or law enforcement. The consequences of someone keeping quiet when they are obligated to report can be severe.

Our childhood sexual abuse lawyers have been involved in child sexual abuse litigation against defendants such as organized religious institutions, youth serving organizations and former teachers accused of childhood sex abuse.

Learn more about childhood sexual abuse lawsuits.

Adult sexual abuse

Adult sexual abuse happens to individuals over 18 years old. Motley Rice attorneys have a depth of experience in complex litigation against well-connected, well-funded persons and organizations. For adult sexual abuse cases, this means our attorneys are well-equipped to build suits against systems that have covered up and perpetuated adult abuse.

Sexual abuse statutes of limitations

A statute of limitations (SOL) is the cut-off date for filing your lawsuit. Sex abuse claims and remedies are determined by the state where the sexual abuse occurred. Even if you have moved to a different state as an adult, we would look to the state where the sexual abuse occurred to determine the merits of your civil claims.

Many states have established “lookback window” laws that give adults who were victims of childhood sexual abuse the opportunity to hold their abusers accountable in court. Some states that have window laws include California, Maryland, New Jersey, New York, North Carolina and Vermont.

We understand that trauma can’t be undone and coming forward with sexual abuse allegations is very difficult for survivors and their families. For some individuals, however, seeking acknowledgment of the abuse and possibly gaining some compensation can be an empowering way to further healing.

As part of your healing process, you may wish to consult with a knowledgeable sexual abuse attorney who can provide guidance on your potential legal action. To start, they will need to hear some details of what happened to you to determine if your case falls within the applicable statute of limitations or lookback window.

If a lawyer agrees to represent you, they will work with you to continue to build your case. This may include collecting more information from you. If you have a case with legal merit, your lawyer will be able to take care of the filing details.

Motley Rice has been involved in several different types of sexual abuse litigation against institutions and other powerful entities:

• Motley Rice is representing sexual abuse survivors in civil claims filed under New York’s Child Victims Act that allege children (now adults) experienced sexual abuse by clergy members.
• Motley Rice attorneys helped represent thousands of sexual abuse survivors of the Boy Scouts of America (BSA) in their pursuit to hold the organization accountable for abuse over the years. The BSA has since filed for bankruptcy and then filed a restructuring agreement to compensate abuse survivors. The $2.46 billion settlement was approved in 2022.

Human trafficking is the use of force, fraud or coercion to compel someone to perform labor or commercial sex acts. It impacts millions of people in the United States and around the world. Human trafficking can happen anywhere and does not require crossing state or national borders. Trafficking often occurs within communities and by individuals known to the victims. Tragically, victims of human trafficking are often subjected to sexual abuse.

Several industries have been impacted by human trafficking, including caregiving, childcare, domestic work, entertainment, hospitality, restaurants, sporting industry and many others. This has led to trafficking lawsuits that may also include sexual abuse claims as well. Attorneys at Motley Rice review claims involving human trafficking and sexual abuse from these industries, and many more.

If you or someone you love has been a victim of trafficking, please reach out to our human trafficking attorneys today.

What is considered sexual abuse?

Sexual abuse is when someone forces another individual to engage in or perform sexual acts by threatening them in some way or if the victim is unable to give consent to the act. Sexual abuse is illegal and should always be reported to law enforcement.

Do I have a case even if I didn’t say “no” or fight back?

Yes, you may still have a case. If you were not of consenting age, were under the influence of drugs or alcohol, feared for your safety or were coerced in any way, you were not able to give consent. In addition, studies show many people stay silent as a way to protect themselves or attempt to minimize harm. You did nothing wrong by not saying no or by not fighting back.

Do I still have a civil case if the abuser was never arrested or criminally charged?

Yes, you may still have a case. Civil cases are not the same as criminal cases. Civil defendants do not need to have any criminal history. Statistics show that most civil sexual abuse perpetrators will not be criminally prosecuted. But that does not mean you are barred from pursuing a civil case and holding an abuser civilly liable.

I have not told anyone about the abuse before. Do I still have a case?

Yes, you may still have a case. Choosing not to discuss trauma, even with your loved ones, is a very common reaction to abuse. The abuse attorneys at Motley Rice are trained to use trauma-informed practices and are able to navigate your concerns individually. You did nothing wrong, and we are ready to help you tell your story and walk this path together.

Will you help me put my perpetrator in jail?

No, Motley Rice is a civil law firm. Our focus is helping you seek financial compensation or institutional changes, if your case is viable. We can direct you to your local prosecutor in order for you to discuss your criminal options.

What kind of compensation can I expect from a civil lawsuit?

Nothing can bring back what was lost as a result of the sexual abuse that you or a loved one suffered. But under the law and in civil court, the remedy you may seek is financial compensation.

When a civil lawsuit is filed, the individual bringing the lawsuit is entitled to damages if they are successful in their claims against the institutions and perpetrators of the abuse. Damages can include economic damages resulting from the sexual abuse—like medical or therapy bills—but they can also include non-economic damages, which include pain and suffering and past, current, and future emotional distress related to the sexual abuse. Therapy is one way to understand the true impact of sexual abuse as a metric for healing, processing, and understanding how to calculate damages.

What can I expect from Motley Rice?

We understand you had important choices taken away from you by virtue of being sexually abused. It is our intention to help you tell your story and seek justice in the civil court system with your collaboration and cooperation.

There are several national resources for individuals who have experienced sexual abuse:

• Rape, Abuse & Incest National Network (RAINN): The country’s largest anti-sexual violence organization. It provides access to programs aimed at preventing sexual violence and helping survivors pursue justice.
• National Sexual Violence Resource Center (NSVRC): A nonprofit organization that provides resources to prevent and tackle issues of sexual assault and violence. NSVRC works to shed light on sexual violence to help individuals and communities.
• Darkness to Light: This organization is focused on preventing childhood sexual abuse. It prompts adults to report and act accordingly when child sexual abuse is suspected.
• Dee Norton Child Advocacy Center: This center aims to prevent abuse and ensure that local children and families have a safe place to turn to when children are threatened with abuse.

In addition to representing sexual abuse survivors, our attorneys also have experience guiding clients through the claims process in complex bankruptcy court proceedings. The Motley Rice team will always have our clients’ best interests at heart, especially when it comes to sensitive and traumatic matters, like sexual abuse, that are not easy to navigate or discuss.

Our attorneys also have experience advocating on behalf of victims of:

• Labor trafficking
• Personal injury
• Wrongful imprisonment

Connect with our sexual abuse attorneys today.