Filing a civil sexual abuse lawsuit is a courageous step. Understanding the legal process may help survivors feel more informed and empowered as they seek justice.
Topic Overview
During the discovery, pre-trial, resolution talks, and possible trial phases of litigation, sexual abuse attorneys use available legal protections that support sexual abuse survivors. The civil justice system is one way for survivors to demand accountability for the harms they experienced.
Key takeaways about the sexual abuse legal process
- After filing a sexual abuse lawsuit, defendants are served with the lawsuit and respond with an answer and any relevant motions if they wish.
- The discovery phase involves both parties compiling and exchanging all relevant information for the lawsuit.
- Attorneys can protect the survivor’s identity with a pseudonym and other precautions pending approval by the court.
What happens after filing a sexual abuse lawsuit?
Once a sexual abuse lawsuit is filed, the defendant(s) is notified of the civil lawsuit and is allowed to respond to it, typically by filing an answer or a motion to dismiss within a specific timeframe.
A defendant can respond to the survivor’s lawsuit by filing an answer denying all of the claims, or they can file a motion to dismiss the lawsuit for failure to state a claim. These motions can either be approved or denied by the judge.
Scheduling
After the initial motions are approved or denied, the civil court judge will begin to establish a schedule outlining various due dates, potential conferences, and trial dates. This includes deadlines for filing certain documents, briefs and motions. It can also include dates for the discovery phase to be completed by.
Scheduling is important to the litigation process as it aims to keep the civil lawsuit moving efficiently through the judicial system for all parties involved.
How the discovery phase works
During the discovery phase, both parties exchange important information with each other to build their respective cases.
- For the survivor, discovery allows them to understand what the defendants knew or should have known that allowed their sexual abuse to occur.
- For the defendants, discovery allows them to investigate the credibility of the survivor and the corroborating evidence to support their claims.
Ultimately, the survivor has to prove their case by a preponderance of the evidence in civil court, though the terminology may vary in different jurisdictions. Relevant evidence to either case may be disputed and spark disagreements between the parties. The judge will make final rulings on disputed discovery items after motion practice and/or oral argument.
Common parts of the discovery phase include:
- Interrogatories: These are written questions each party sends to the other to gather more information about the parties. The lawyer assists their client in formulating legally appropriate responses, preserving privilege and raising objections where warranted. Responses must be in writing and attested to under oath.
- Requests for documents: These are requests for certain documents needed for the case to further prove the civil claims. Both parties may request specific documents from each other.
- Depositions: This is when one party asks a party or witness to answer certain questions under oath about the facts of the underlying case. Depositions are recorded and may preview what will be said during a potential trial by a witness.
- Requests for admission: This is when one party requests that the other provide a statement on certain aspects of the case. If the other party admits the request, that fact or document no longer needs to be proven at trial. Requests for admission help focus or streamline litigation. If a party does not answer a request for admission within a certain timeframe, the request is “deemed admitted” for the purposes of trial.
A sexual abuse attorney can help guide you through the discovery process, as they will understand the different aspects of this phase and have your best interests in mind.
Contact a sexual abuse lawyer
We know and understand that sexual abuse is a sensitive issue, and coming forward is difficult in many ways. Know that if you choose to speak with one of our lawyers, we will do everything in our power to protect your identity.
For more information, contact our team by filling out our online form or call 1.800.768.4026.
Survivor protections during the civil sexual abuse lawsuit process
Sexual abuse victims pursuing legal action often face many emotional and psychological challenges. To help survivors feel supported and empowered throughout the legal process, protections reduce the risk of re-traumatization while also maintaining their privacy.
Courts may approve certain protections, like allowing victims of sexual assault to file their lawsuit under a pseudonym (Jane or John Doe) to keep their name private. The court can also seal documents to further protect the survivor’s privacy. Sealing records will keep certain information about the case inaccessible to the media as well. The judge can also rule on which type of personal information can be discussed in court (names, addresses, places of work, etc.).
If media coverage is a concern while moving through the court process, it’s important to discuss this with an attorney who has experience with these types of cases. Attorneys can discuss privacy requests with the court and find ways to keep the case confidential with limited access to the public and media.
Next steps and moving forward
Depending on whether a jury trial was requested, a jury may need to be selected (for a jury trial) or the case will be heard by a judge (for a bench trial). Both parties must be thoroughly prepared for this final stage of litigation. A case may conclude before trial through various means, most commonly a settlement agreement.
The legal process can be long and overwhelming, but an attorney can support survivors in their pursuit of justice for the serious harms they have experienced.
How long does a sexual abuse lawsuit take?
As with any lawsuit, the time it takes to settle or resolve can take anywhere from several months to several years. The timeline for a lawsuit depends on many factors, including early motions, scheduling, discovery, jury selection, trial and deliberations. However, not all lawsuits will go through every phase of the litigation process. If the case ends up going through mediation or settling before a trial, the timeline may look different.
An attorney can provide an estimate of how long your sexual abuse lawsuit may take. But this can always change based on how both parties decide to move forward with the suit.
Frequently asked questions on the sexual abuse investigation process
Will my identity be made public if I file a sexual abuse lawsuit?
Sexual abuse survivors may have the ability to request to use a pseudonym when filing a sexual abuse lawsuit. A Jane Doe or John Doe pseudonym may be requested through an attorney and must be approved by the court, provided the jurisdiction you are filing suit allows for such protections.
Do I have to testify in court?
If your case proceeds to trial, a survivor may have to testify in court. However, sitting for a civil deposition is not the same as testifying in court, even though you are providing testimony under oath. Our attorneys can help you navigate how you tell your story, either in a deposition or in court, and provide you the support you need for every litigation phase.
How much financial compensation can I receive in a civil sexual abuse lawsuit settlement?
It’s difficult to accurately estimate how much you can receive in a sexual abuse lawsuit settlement as this amount depends on many factors. These include whether the statute of limitations has expired, the types of damages incurred from the abuse, evidence regarding what the defendants knew or should have known about your abuse, and any other unique facts of the case. Our attorneys do everything in their power to seek the maximum compensation possible for our clients.
Can I still file a lawsuit if the sexual abuse happened years ago?
The deadline to file a sexual abuse lawsuit will depend on the statute of limitations established in the state where the abuse occurred. A statute of limitations sets a time limit for when a lawsuit needs to be filed by. Many states have passed "lookback windows" to allow plaintiffs to file cases within a particular timeframe even though the statute of limitations may have long since expired. Consulting with a sexual abuse lawyer can help you determine if you’re still able to file a lawsuit years after the sexual violence occurred.
Our experience representing survivors of sexual abuse
Our attorneys have experience using a trauma-informed and trauma-trained process to avoid re-traumatizing the client as they work through their sexual abuse litigation. We partner with survivors to amplify their voices in their pursuit of justice against the abusers and the systems that empower them.
Motley Rice attorneys have experience representing sexual abuse victims in litigation against:
Read more on our sexual abuse litigation experience.
- Sources
- American Bar Association. How Courts Work.
- Animal Legal Defense Fund. The Legal Process In The United States: A Civil Case.
- Cornell Law School. Service of process.
- Justia. The Discovery Process in Lawsuits.
- National Women's Law Center. Survivors Speaking Out.
- RAINN. Confidentiality Laws.
- United States Courts. Accessing Court Documents – Journalist’s Guide.
- United States Courts. FEDERAL RULES OF CIVIL PROCEDURE.